Oathes
are
of
two
sortes
,
that
is
to
say
,
priuate
and
publique
.
Priuate
oathes
are
made
betweene
priuate
persons
concerning
their
particular
affaires
.
As
for
th'
assurance
of
duties
,
couenauntes
,
agreementes
or
promises
,
or
to
procure
faith
and
credite
to
be
giuen
to
that
which
is
ment
to
bee
perswaded
.
Of
which
kinde
of
oathes
wee
haue
many
examples
in
the
sacred
Histories
,
as
in
the
booke
of
Genesis
cap.
24.
and
cap.
31.
1.
Sam.
cap.
20.
1.
Regum
cap.
18.
Hierem
.
cap.
38.
and
many
other
whiche
for
breuities
sake
I
omitte
.
Publique
oathes
are
of
diuers
and
sundrie
sortes
.
As
where
Kings
and
Princes
sweare
for
the
establishment
of
their
leagues
and
conclusions
of
peace
.
Or
where
the
Prince
and
people
sweare
eache
to
other
:
The
Prince
to
rule
and
reigne
justlie
:
The
people
in
due
alleageaunce
to
obey
faithfullie
.
This
kinde
of
oathe
was
vsed
2.
Sam.
cap.
5.
betweene
Dauid
the
king
&
th'
Elders
of
Israel
.
In
the
booke
of
Iudges
we
read
also
howe
th'
Elders
of
Gilead
sware
subjection
vnto
Iephtah
.
An other
kinde
of
publique
oathe
we
see
2.
Cron.
cap.
15
where
king
Asa
made
the
people
of
Israel
to
take
an
oath
for
the
true
worship
and
scruice
of
Almightie
God
,
and
the
obseruation
of
his
Lawe
.
An
oath
not
much
different
was
that
in
Ezra
cap.
10.
That
is
also
a
publique
oath
whiche
the
Magistrates
,
Iudges
and
Officers
of
Iustice
take
for
the
true
and
sincere
administration
of
the
Lawe
.
So
is
also
the
oath
of
Souldiours
and
men
of
warre
,
swearing
obedience
to
their
Generalls
,
Captaines
and
Commaunders
.
An other
kinde
of
publique
oath
is
that
likewise
which
the
Iudge
or
Magistrate
ministreth
vnto
such
as
are
called
to
depose
and
testifie
the
trueth
in
causes
of
suite
and
controuersie
,
depending
in
Courtes
or
places
of
Iustice
.
And
that
also
which
either
of
the
aduersaries
take
in
the
same
suites
,
or
the
defendant
for
the
finall
ending
and
detetmination
of
the
controuersie
,
which
of
some
is
termed
a
judiciall
oath
,
and
being
offred
by
the
defendant
,
it
is
of
necessitie
to
the
plaintife
,
for
that
hee
cannot
refuse
to
accept
of
the
same
.
Of
this
last
sorte
,
among
the
lawes
Iudiciall
it
is
written
thus
:
Concerning
him
that
is
to
take
an
oath
,
fraus
distringit
non
dissoluit
perjurium
,
fraude
strayneth
harder
,
it
dissolueth
not
the
perjurie
as
the
learned
Tullie
verie
well
saide
.
Secondlie
,
In
justice
or
righteousnes
also
ought
an
oath
to
bee
taken
,
that
is
in
things
just
and
lawfull
,
not
repugnaunt
to
the
will
or
commaundement
of
God
.
For
although
it
be
true
that
is
saide
,
Non
est
obligatorium
contra
bonos
mores
praestitum
iuramentum
,
yet
by
swearing
to
doe
the
thinge
that
is
vnjust
or
vnlawfull
,
the
glorious
name
of
God
is
dishonored
.
And
such
a
speach
saieth
Ecclesiasticus
,
is
compassed
about
with
death
.
Brieflie
,
the
respect
of
euery
deponent
should
be
,
that
God
by
his
oath
may
be
magnified
,
the
trueth
in
question
confirmed
,
justice
maintained
,
and
that
Innocentes
(
by
fraudulent
practizes
circumvented
)
may
be
freed
and
deliuered
from
perill
and
daunger
.
Touching
such
as
haue
power
and
authoritie
to
require
or
commaunde
an
oath
,
De
minimit
non
curat
lex
,
by
good
reason
the
Magistrates
and
ministers
of
lawe
should
spare
to
vse
that
whiche
is
most
holie
and
precious
in
causes
of
lesse
price
or
moment
,
for
dailie
experience
sheweth
,
that
the
frequent
vse
of
thinges
reuerent
(
such
is
the
corruption
of
our
nature
)
causeth
them
to
be
of
none
accompt
.
Furthermore
,
they
ought
to
be
well
advised
that
they
require
it
not
of
men
of
suspected
faith
or
credite
;
or
of
persons
defamed
in
life
and
conuersation
.
For
an
oath
offered
to
such
(
without
greater
necessitie
)
argueth
a
lightnes
and
want
of
good
discretion
in
the
Magistrate
,
who
thereby
wittinglie
doeth
minister
an
occasion
of
perjurie
,
whiche
if
it
followe
,
howe
great
is
the
fault
?
Moreouer
,
that
they
charge
no
man
by
oath
to
doe
the
thing
impossible
or
beyonde
his
power
.
For
impossibilium
nulla
est
obligatio
,
nor
any
thing
that
is
vnlawfull
,
inconuenient
,
or
vngodlie
.
Neither
force
any
man
to
sweare
rashlie
or
vnaduisedlie
.
For
if
the
vaine
and
inconsiderate
swearer
shall
nor
be
vnpunished
,
howe
shall
the
procurer
escape
Gods
vengeance
?
That
they
abuse
not
the
simplicitie
of
the
Deponent
by
intricate
,
captious
,
or
subtill
questions
:
These
things
graunted
,
which
cannot
be
denied
,
it
consequentlie
followeth
that
the
forcing
of
Oathes
by
Ordinaries
and
Iudges
Ecclesiasticall
generallie
to
answere
vnto
all
such
questions
or
interrogatories
as
they
shall
demaunde
or
minister
touching
eyther
the
thoughts
,
wordes
or
deedes
of
him
that
is
to
depose
,
is
contrarie
to
the
honorable
institution
,
lawfull
vse
,
and
true
ende
of
an
oathe
.
And
that
whosoeuer
by
coulour
of
authoritie
,
threatning
speaches
,
duresse
of
imprisonment
,
or
other
paine
constraineth
any
man
to
sweare
in
such
maner
,
doeth
highlie
offende
against
th'
inviolable
rules
before
remembred
.
For
first
as
it
hath
bene
saide
,
the
ordeyning
and
institution
of
an
oath
was
to
helpe
and
relieue
the
necessitie
of
men
in
the
causes
before
rehearsed
.
But
there
is
no
necessitie
or
vigent
cause
why
such
a
general
oath
should
either
be
required
or
take
,
since
the
same
is
neither
for
assurance
of
duetie
,
couenaunt
,
contract
or
promise
,
neyther
yet
for
confirmation
of
trueth
in
any
cause
or
matter
of
controuersie
.
If
it
bee
alleadged
that
the
same
is
requisite
for
the
enquiring
and
finding
out
of
suspected
faultes
,
whereof
there
is
no
proofe
,
and
to
search
and
trie
the
euill
mindes
and
corrupt
consciences
of
daungerous
dissemblers
,
and
so
necessarie
for
the
gouernement
both
of
the
Church
and
common
wealth
.
By
this
allegation
first
all
such
are
justly
reproued
,
who
hauing
practised
and
put
in
ure
this
generall
oath
,
where
otherwise
there
was
sufficiencie
of
proofe
.
And
yet
thereby
nothing
is
saide
for
the
maintenance
of
their
doings
in
that
behalfe
,
since
by
the
like
reason
there
should
be
erected
a
Court
of
Inquisition
more
then
Spanish
to
sifte
&
ransacke
by
oath
the
most
secret
thoughtes
and
consciences
of
all
men
in
generall
,
enforcing
them
either
to
accuse
them selues
(
not
as
in
the
Papisticall
shrift
;
where
secrecie
was
enjoyned
)
to
their
publique
shame
,
reproach
and
condemnation
,
or
els
for
the
auoyding
of
such
mischiefe
and
inconuenience
,
to
committe
most
wilfull
and
damnable
perjurie
.
But
as
this
I
suppose
in
all
good
mens
opinions
,
were
intollerable
,
so
of
the
other
I
assure
my selfe
there
can
be
no
sounde
rule
,
sufficient
president
or
example
alleadged
:
Except
peraduenture
the
proceding
of
the
high
Priest
,
the
Scribes
and
Elders
of
the
Iewes
in
their
Consistorie
against
our
Sauiour
Christ
,
shall
be
vouched
and
mainteined
for
a
sufficient
president
in
that
beehalfe
,
who
maliciouslie
apposing
and
examining
him
concerning
his
doctrine
(
although
not
by
oath
)
would
gladlie
haue
pickt
out
and
drawne
from
him selfe
some
matter
of
accusation
,
whereby
to
haue
condemned
him
.
But
the
aunswere
and
authoritie
of
Christ
(
I
doubt
not
)
wil
be
allowed
among
Christians
,
both
for
sounde
and
sufficient
to
refell
and
condemne
the
practize
of
those
malignaunt
Priestes
,
who
knowing
their
subtill
purpose
and
intent
,
referred
them
to
his
auditours
,
and
beeing
injustlie
striken
,
replied
:
If
I
haue
euill
spoken
,
beare
witnesse
of
the
euill
,
but
if
I
haue
well
spoken
,
why
smitest
thou
mee
,
justifying
hereby
his
former
aunswere
,
and
forcing
therewithall
his
aduersaries
to
seeke
for
witnesses
to
testifie
against
him
.
The
true
vse
and
ende
of
an
oth
is
,
as
aforesaide
,
That
due
honor
may
be
giuen
vnto
God
,
the
trueth
confirmed
,
Iustice
maintained
,
innocencie
protected
,
and
an
end
had
of
strife
and
contention
.
But
how
is
God
glorified
hereby
,
or
not
rather
dishonored
,
when
as
his
sacred
institution
is
so
greatlie
peruerted
,
and
an
oath
forced
to
an
other
course
and
purpose
,
then
he
in
his
diuine
wisedome
hath
appointed
,
as
by
that
which
hath
and
shal
be
spoken
,
doth
&
shall
manifestlie
appeare
.
The
trueth
in
controuersie
is
not
therby
confirmed
,
since
there
is
no
issue
ioined
in
this
case
betweene
parties
affirming
and
denying
,
and
how
can
iustice
by
such
an
oath
be
maintained
,
when
as
the
cause
for
which
the
oath
is
vrged
,
standeth
not
in
lawfull
course
of
judgment
?
for
as
it
is
well
said
of
a
learned
man
:
Againe
,
since
an
oath
is
to
be
taken
in
judgement
,
that
is
with
good
aduisement
and
consideration
of
the
matter
,
wherein
the
Deponent
is
to
call
the
Name
of
God
to
witnesse
,
and
that
whosoeuer
otherwise
taketh
an
oath
,
doeth
therein
vainelie
and
indiscreetlie
abuse
the
Name
of
God
.
Howe
can
this
generall
oath
be
eyther
rightlie
vrged
or
receyued
without
great
offence
to
his
diuine
Maiestie
,
forasmuch
as
the
partie
deposing
is
not
before
he
swear
,
made
acquainted
nor
vnderstandeth
what
questions
or
interrogatories
shal
be
demaunded
,
but
by
his
oath
hath
fast
bound
and
subjected
him selfe
to
the
discretion
or
indiscretion
of
another
,
that
is
the
Iudge
Ecclesiasticall
,
who
hauinge
straightlie
tied
and
snared
this
seelie
subiect
,
may
nowe
vse
or
abuse
him
at
his
will
and
pleasure
,
eyther
against
lawe
enforcing
him
by
the
bande
of
his
oath
to
accuse
him selfe
euen
of
his
most
secret
and
inward
thoughtes
,
or
contrarie
to
christian
charitie
,
yea
humanitie
it selfe
,
constrayning
him
to
enforme
against
his
naturall
parentes
,
dearest
friends
,
and
nearest
neighbors
,
or
to
bewray
with
griefe
of
heart
such
matters
of
secrecie
,
as
otherwise
were
inconuenient
&
peraduenture
not
honest
to
be
reuealed
.
In
which
hard
proceeding
besides
the
great
hazard
&
peril
of
wilful
perjurie
without
all
necessitie
of
an
oath
,
great
trouble
of
minde
and
scruple
of
conscience
must
needes
ensue
,
when
as
the
Deponent
on
the
one
side
,
considering
the
waight
&
heauie
burthen
of
his
oath
,
feareth
to
conceale
any
thing
:
and
on
the
other
side
finding
him
felfe
thereby
entrapped
,
shrinketh
to
make
aunswere
to
the
questions
propounded
.
Whereof
you
may
beholde
a
most
miserable
and
lamentable
spectacle
in
the
booke
of
Actes
&
monumentes
,
where
in
a
large
table
is
set
forth
the
great
iniquitie
and
rigorous
dealing
of
Longland
Bishop
of
Lincolne
,
in
the
time
of
the
late
Prince
of
famous
memorie
,
King
H.
the
eight
.
Which
bloudie
Bishop
by
forced
and
violent
oathes
and
captious
interrogatories
,
constrayned
the
children
to
accuse
their
parentes
,
the
parentes
their
naturall
children
,
the
wife
her
husbande
,
the
husbande
his
wife
,
one
brother
and
sister
an
other
,
some
of
these
seelie
soules
of
sworne
becomminge
forsworne
,
whyle
they
made
daintie
to
accuse
such
as
they
dearlie
affected
.
Of
which
blinde
ignorance
(
or
rather
murderous
mindes
)
and
intollerable
iniquitie
of
Romish
Bish.
and
barbarous
abuse
of
an
oath
,
that
godlie
man
of
worthie
memorie
Maister
Iohn
Foxe
justlie
complaineth
.
For
what
might
be
added
more
to
extreame
crueltie
,
saue
only
this
one
point
of
detestable
inhumanitie
(
whiche
also
was
pursuaunt
as
a
part
of
that
tragical
church-gouernement
)
to
compell
the
children
to
set
fire
to
their
condemned
parentes
.
Which
example
of
crueltie
sayeth
that
good
man
,
as
it
is
contrarie
both
to
God
and
nature
,
so
hath
it
not
bene
seene
or
heard
of
in
the
memorie
of
the
heathen
.
That
wicked
king
Herode
(
as
it
is
recorded
by
the
holy
Euangelistes
Mathewe
and
Marke
)
voluntarilie
promised
,
and
that
with
an
oath
,
to
giue
the
dauncing
daughter
of
Herodias
his
harlot
,
whatsoeuer
shee
should
demaunde
.
As
this
vnaduised
oath
proceeding
of
vaine
pleasure
and
delight
vppon
the
wicked
demaunde
of
that
Damosell
wrought
much
griefe
of
minde
in
the
king
,
so
was
it
the
cause
of
the
sudden
dispatche
and
murther
of
that
iust
man
Iohn
the
Baptist
.
And
although
it
may
truelie
be
said
that
Herode
was
not
bounde
by
his
oath
to
haue
accomplished
so
foule
and
wicked
a
deede
,
yet
can
it
not
bee
denied
but
that
the
same
was
a
rashe
and
inconsiderate
oath
,
and
so
an
offence
against
the
Maiestie
of
Almightie
God
.
And
what
difference
is
there
I
pray
you
betweene
the
oath
of
Herode
and
that
which
nowe
we
haue
in
question
,
the
one
being
to
performe
or
graunt
whatsoeuer
should
be
required
:
and
the
other
,
to
aunswere
to
all
questions
that
shal
be
demaunded
,
since
there
may
be
as
vnlawfull
and
as
vnhonest
questions
ministred
,
as
vngodlie
requestes
made
or
desired
.
Againe
,
it
would
not
be
forgotten
that
in
all
the
volume
the
sacred
scriptures
(
to
my
remembrance
)
there
is
no
one
president
or
example
to
bee
shewed
of
any
such
generall
oath
taken
by
any
godlie
man
in
priuate
,
or
exacted
by
any
Magistrate
in
publique
,
neither
yet
any
rule
,
lawe
,
or
commaundement
for
the
same
.
But
against
this
our
last
assertion
may
happilie
bee
alleadged
by
some
fauourer
of
this
foule
abuse
,
the
manner
of
triall
by
adjuration
of
the
suspected
wife
,
that
is
the
law
of
jelousie
.
The
inquisition
and
expiation
of
man-slaughter
,
where
the
authour
is
vnknowen
,
and
the
examination
of
Achan
:
all
which
neuerthelesse
make
nothing
for
these
generall
oathes
,
or
those
enjoyned
ex
officio
,
as
by
the
consideration
of
the
lawes
and
historie
it selfe
shall
easilie
appeare
.
For
as
concerning
the
lawe
of
jelousie
,
although
the
wife
were
to
be
tried
by
oath
and
adjuration
in
that
manner
and
with
those
circumstances
as
is
there
prescribed
,
either
to
satisfie
the
restlesse
head
of
her
jelous
husbande
,
if
shee
were
guyltlesse
,
or
to
receyue
by
the
wonderfull
workinge
of
that
accursed
water
,
if
shee
were
saultie
condigne
punishment
for
her
heynous
offence
,
both
of
perjurie
and
adulterie
,
yet
is
it
verie
manifest
in
this
case
that
the
wife
is
not
sommoned
or
cited
by
the
Priest
or
Magistrate
ex
officio
,
but
brought
vnto
him
by
her
accusing
husband
,
who
vpon
offence
conceyued
offring
vp
his
complaint
,
and
thervpon
the
woman
is
called
for
,
and
put
to
her
purgation
,
well
knowing
her
accusor
,
and
hauinge
perfect
notice
before
shee
sweare
of
the
crime
objected
.
Moreouer
,
who
is
so
simple
that
seeth
not
howe
weake
an
argument
or
conclusion
this
were
.
God
hath
appointed
an
oath
to
be
taken
by
the
wife
in
this
especiall
and
singular
case
of
jelousie
for
the
satisfaction
of
the
suspitious
minde
of
the
husband
,
Ergo
euery
Iudge
Ecclesiasticall
to
satisfie
his
jelous
suspition
or
imagination
of
any
crime
,
may
appose
by
oath
and
compell
men
to
their
purgation
.
For
by
as
good
reason
the
Ordinarie
or
Iudge
Ecclesiasticall
may
also
vpon
euerie
such
oath
denounce
a
cursse
of
consumption
and
rotting
to
the
partie
deposing
in
such
&
the
same
maner
as
there
is
prescribed
.
And
as
touchinge
the
inquisition
for
murther
or
manslaughter
before
remembred
,
it
is
ordeyned
,
that
the
Elders
of
that
Citie
,
which
vpon
measure
taken
falleth
out
to
be
next
vnto
the
slayne
man
,
should
washe
their
handes
ouer
a
beheaded
Heyfer
,
protesting
and
saying
in
the
presence
of
the
Priestes
:
Our
hands
haue
not
shed
this
bloud
,
neyther
haue
our
eyes
seene
the
slear
.
O
Lorde
be
mercifull
vnto
thy
people
Israel
,
whom
thou
hast
redeemed
,
&
lay
no
innocent
bloud
to
the
charge
of
this
people
,
&c.
Howe
any
thing
here
may
proue
the
exacting
of
oathes
to
be
lawfull
,
I
see
not
.
A
man
is
slayne
,
th'
offendour
vnknowen
,
th'
Elders
by
this
especiall
lawe
of
expiation
doe
protest
as
aforesaide
.
But
where
is
an
oath
in
this
case
giuen
to
any
particular
person
?
If
this
protestation
shall
bee
thought
in
some
sorte
to
conteruaile
an
oath
of
purgation
,
yet
where
is
there
any
protestation
or
oath
required
or
taken
to
aunswere
generallie
to
such
Interrogatories
as
shal
be
propounded
vpon
vnknowne
,
secret
,
or
barelie
suspected
matter
?
Nay
we
see
euidentlie
,
the
fact
and
felonie
(
to
th'
offence
both
of
God
and
man
)
to
bee
publique
and
apparaunt
,
th'
offendor
only
lyeth
hidden
and
vnknowne
.
On
the
contrarie
,
those
Inquisitors
ex
officio
,
haue
the
man
before
them
whom
they
will
examine
,
but
the
matter
for
the
most
part
is
secreat
and
concealed
which
they
enquire
after
,
and
many
tymes
there
is
no
matter
at
all
but
bare
&
naked
suspition
or
fame
of
a
cry
me
neuer
committed
.
Concerning
Achan
and
the
proceeding
against
him
,
we
see
by
the
sacred
historie
howe
the
offence
in
generall
is
by
God
him selfe
made
manifest
vnto
Joshua
the
Prince
of
the
people
(
vz
)
That
an
excommunicate
or
cursed
thing
was
taken
and
concealed
,
&c.
th'
offendour
was
onely
to
be
founde
out
.
Inquisition
being
had
by
lot
or
otherwise
,
(
God
assisting
)
Achan
is
deprehended
as
guiltie
.
What
followed
?
He
is
by
Iosua
examined
of
the
particular
,
vsing
these
wordes
:
My
sonne
,
I
beseeche
thee
giue
glorie
to
the
Lord
God
of
Israell
,
and
make
confession
vnto
him
,
and
shewe
me
nowe
what
thou
hast
done
,
hide
it
not
from
me
.
Herevpon
the
detected
Achan
confesseth
the
trueth
in
particular
.
But
where
doeth
it
appeare
that
hee
was
deposed
,
or
by
what
conceyued
wordes
or
forme
of
oath
doeth
he
sweare
?
Except
wee
shall
say
,
there
is
no
difference
betweene
the
intreatie
or
charge
of
the
Magistrate
,
remembring
the
glorie
of
God
,
and
an
oath
taken
and
pronounced
by
th'
offendour
to
confesse
the
trueth
.
Which
graunted
,
it
must
consequentlie
followe
,
that
whosoeuer
is
in
that
manner
charged
and
confesseth
not
the
trueth
,
although
he
haue
no
will
to
sweare
,
is
both
a
liar
and
a
person
perjured
,
which
were
a
harde
conclusion
.
Nay
rather
such
kinde
of
charge
as
adiuro
te
,
as
a
learned
man
sayeth
.
Non
est
alium
ad
iurandum
inducere
,
I
knowe
very
well
what
that
learned
and
excellent
light
of
Gods
Church
Maister
Caluin
saith
in
his
booke
of
Institution
of
christian
Religion
,
That
is
,
howe
Josua
minding
to
driue
Achan
to
confesse
the
trueth
,
said
:
My
sonne
giue
glorie
to
the
Lord
God
of
Israell
,
meaning
thereby
that
the
Lord
is
grieuouslie
dishonored
,
if
a
man
sweare
falslie
by
him
.
And
this
maner
of
speach
sayeth
hee
,
was
vsed
amonge
the
Iewes
,
so
oft
as
any
was
called
to
take
an
oath
,
as
appeareth
by
the
like
protestation
that
the
Pharisees
vse
in
the
Gospell
of
Saint
Iohn
.
In
the
booke
also
of
Ezra
we
reade
the
same
phrase
(
Giue
prayse
vnto
the
Lorde
)
as
some
in
Englishe
haue
translated
it
,
William
Thorp
in
the
time
of
King
Henry
the
fourth
,
faire
wordes
make
fooles
faine
.
Neythet
is
this
any
sufficient
allegation
to
say
,
that
the
partie
Deponent
is
no
further
bounde
to
aunswere
then
the
lawe
requireth
,
howe
generall
soeuer
his
oath
be
,
since
it
is
false
,
for
the
conscience
of
such
a
Deponent
to
stande
vpon
termes
and
questions
,
howe
farre
by
lawe
,
and
by
what
lawe
he
is
bounde
to
answere
.
Will
you
heare
also
what
that
godlie
and
blessed
Martyr
Maister
Iohn
Lambert
sayth
concerning
the
Exactinge
of
such
kinde
of
oathes
,
Nemo
tenetur
prodere
scipsum
.
And
in
another
place
of
the
lawe
it
is
written
:
Cogitationis
poenam
nemo
patiatur
.
To
this
agreeth
the
common
prouerbe
,
Cogitationes
liberae
sunt
à
vectigalibus
,
Thoughtes
be
free
from
toll
.
By
which
wise
speach
of
this
good
man
we
may
see
condemned
,
and
that
for
just
cause
and
vpon
sounde
reasons
th'
indiscreete
and
vnlawfull
enforcing
of
this
kinde
of
oathe
,
seruing
to
no
good
,
nay
rather
to
bad
endes
&
purposes
.
We
read
also
howe
Bonner
that
infamous
bloudsucker
,
vnworthie
the
name
of
a
Bishoppe
,
hunting
(
as
the
woolfe
for
his
pray
)
after
matter
of
accusation
,
among
many
other
his
mischieuous
and
detestable
factes
,
offered
also
this
oath
ex
officio
vnto
the
fellowe
prisoners
of
that
holy
and
worthie
Martyr
Maister
Philpot
,
saying
after
the
rashe
and
indiscrete
maner
before
remembred
,
Holde
them
a
booke
,
you
shall
sweare
by
the
contentes
of
that
booke
,
that
you
shall
(
all
maner
of
affection
laide
a
part
)
say
the
trueth
of
all
such
articles
as
you
shal
be
demaunded
concerning
this
man
here
present
(
meaning
Maister
Philpot.
)
But
those
wise
and
godlie
prisoners
,
well
knowing
and
considering
howe
they
ought
to
take
an
oath
,
aunswered
to
this
vnjust
request
:
That
they
would
not
sweare
,
except
they
first
knewe
where
vnto
,
and
being
therevpon
offred
an
oath
,
and
that
with
threates
of
Excommunication
to
aunswere
the
articles
propounded
against
themselues
,
refused
it
also
,
saying
:
That
they
would
not
accuse
them selues
.
So
that
wee
see
plainely
by
these
examples
,
as
also
by
that
auncient
and
godlie
writing
intituled
The
prayer
and
complaint
of
the
Ploughman
,
that
this
kinde
of
generall
oath
and
examinations
ex
officio
mero
,
were
not
first
mishked
by
Iesuites
and
seminarie
Priestes
,
and
from
them
deriued
to
others
that
mislike
gouernement
and
would
bring
the
Church
to
an
Anarchie
,
as
the
world
hath
bene
borne
in
hande
.
But
by
true
Christians
,
holie
,
learned
and
Religious
men
,
and
that
for
good
causes
and
considerations
why
they
should
so
doe
.
And
I
should
much
meruaile
,
were
it
not
that
the
world
hath
euer
bene
set
in
wickednes
,
howe
any
that
professe
the
holie
name
and
title
of
Christianitie
,
durst
at
any
time
put
in
practize
within
this
Realme
or
elswhere
,
so
prophane
and
more
then
heathenishe
manner
of
Inquisition
,
not
onely
repugnaunt
to
God
and
Christian
Religion
,
but
contrarie
also
to
the
rules
and
cannons
of
the
Antichristian
church
of
Rome
.
Which
lawes
(
if
I
be
not
deceyued
)
are
more
just
and
lesse
vnjust
a
great
deale
,
then
such
as
haue
taken
vpon
them
to
judge
by
coulor
of
the
same
.
So
that
in
a
sorte
it
may
be
verified
of
them
which
was
sometimes
spoken
of
the
people
of
Athens
,
that
hauing
just
&
good
lawes
,
they
neuerthelesse
behaued
them selues
as
bad
and
dishonest
men
.
For
it
is
saide
by
some
of
their
Canonistes
,
And
in
what
sorte
and
maner
the
proceeding
ought
to
be
,
is
also
declared
to
this
effect
:
Iudex
nunquam
debet
procedere
ex
officio
,
&
sic
per
viam
inquisitionis
,
nisi
aliquod
precedat
quod
appareat
viam
inquisitioni
scilicet
,
vel
defamatio
,
vel
quaerela
partis
,
vel
denunciatio
,
vel
huiufmodi
,
aeliter
processus
erit
,
nullus
ipso
jure
neque
in
hoc
intenduntur
notificationes
factae
extra
judicialiter
,
neque
illae
quae
fiunt
incerto
autore
,
&
suppresso
nomine
notificantis
.
By
whiche
wordes
manifestlie
appeareth
,
that
no
Iudge
Ecclesiasticall
ought
to
proceede
by
way
of
inquisition
,
except
there
precede
a
defamation
of
the
partie
complaint
,
or
information
against
him
,
intelligence
of
faultes
and
offences
out
of
course
of
judgement
,
or
by
vncertaine
authour
,
or
suppressed
name
,
is
wholie
by
the
Lawe
rejected
,
but
by
the
executors
thereof
altogither
admitted
.
Another
also
therevnto
agreeing
,
sayth
:
quia
dicta
paucorum
non
infamant
.
Secondlie
,
they
must
bee
graues
&
honesti
,
non
maleuoli
,
nec
inimici
partis
.
Thirdlie
,
they
must
bee
such
as
are
conuersant
in
the
place
where
the
partie
hath
liued
,
whereby
they
may
bee
acquainted
with
the
order
and
manner
of
his
life
and
conuersation
,
wherevppon
chiefelie
riseth
the
true
judgement
of
his
good
or
euill
fame
.
Fourthlie
,
those
witnesses
ought
to
be
receyued
judiciallie
.
Fiftlie
,
they
must
be
deposed
.
And
sixtlie
,
they
are
to
render
a
wife
and
sufficient
cause
of
their
knowledge
of
the
infamie
.
The
Iudge
in
no
cause
(
if
he
would
of
his
owne
knowledge
say
,
the
partie
is
infamous
)
is
to
bee
receyued
or
beleeued
,
the
reason
is
,
for
that
the
lawe
will
quod
secundum
acta
&
probata
justitia
ministretur
.
And
the
grounde
and
foundation
of
the
inquisition
must
not
be
extorted
or
wrested
from
the
partie
,
but
,
lawfullie
proued
as
aforesaide
by
sufficient
witnesses
.
Notwithstanding
all
which
lawes
,
what
contrarie
courses
haue
bene
practized
by
Ordinaries
and
Cleargie
men
,
many
haue
felt
,
and
euery
man
knoweth
too
well
.
So
that
concerninge
their
judiciall
Courtes
and
Consistories
,
the
saying
of
the
Poet
is
verified
,
Victa
iacet
pietas
,
&
virgo
caede
madentes
vltima
coelestium
terras
astraea
reliquit
.
But
since
that
more
then
two
quaternions
of
learned
Canonistes
haue
of
late
taken
the
paines
to
set
downe
the
vndoubted
groundes
of
the
lawe
Ecclesiasticall
(
as
they
say
)
according
to
which
the
proceedings
haue
bene
vsed
time
out
of
minde
,
in
all
the
Courtes
Ecclesiasticall
of
this
Realme
,
and
all
other
proceedings
haue
bene
at
all
times
reformable
by
appellations
,
Let
vs
heare
also
what
they
say
concerning
this
matter
.
These
Doctors
firste
graunt
it
to
bee
good
and
sounde
law
,
That
no
man
may
be
vrged
to
bewray
him self
in
hidden
and
secrete
crimes
,
or
simplie
therein
to
accuse
himselfe
.
They
confesse
further
,
that
if
any
man
besides
the
Ordinarie
will
prosequute
in
their
Courtes
,
making
himselfe
partie
to
proue
a
cryme
whereof
there
is
suspition
:
The
partie
conuented
in
that
case
,
albeit
he
must
answere
on
his
oath
to
other
articles
not
principallie
touching
the
verie
crime
objected
,
is
not
bounde
by
lawe
to
aunswere
vpon
oath
any
articles
of
the
verie
crime
it selfe
.
Neuerthelesse
say
they
,
when
by
circumstaunces
once
knowne
a
broade
,
secrete
crymes
are
become
vehementlie
to
bee
suspected
,
and
offensiue
to
the
well
disposed
,
and
daungerous
to
be
suffred
,
then
are
they
meete
by
enquirie
and
all
good
meanes
to
bee
discouered
,
to
the
ende
they
may
bee
reformed
,
&
the
partie
delinquent
brought
to
penitencie
,
and
others
discouraged
to
commit
the
like
.
The
wayes
and
meanes
how
suspition
&
fame
of
crimes
come
to
the
Ordinaries
eares
,
they
saye
are
these
,
manie
bruites
of
credible
persons
called
in
the
lawe
clamosa
infinuatio
,
and
presentmentes
of
Church-wardens
and
Sydemen
:
which
presentmentes
if
they
be
not
direct
thorough
ignoraunce
of
the
presentours
or
insufficient
in
the
lawe
to
proue
a
fame
(
yet
some
scandall
therevppon
growinge
)
howe
litle
by
like
is
not
respected
,
th'
Ordinarie
by
lawe
Ecclesiasticall
and
good
discretion
may
examine
other
witnesses
,
being
neighbours
,
warning
the
partie
suspected
to
be
present
.
The
fame
once
prooued
(
say
they
)
or
the
first
presentement
sufficient
than
th'
ordinarie
of
duetie
,
&
for
the
publique
trust
reposed
in
him
is
,
to
proceede
against
the
infamed
,
although
no
other
man
will
,
which
by
lawe
is
termed
proceeding
by
enquirie
,
especiall
ex
officie
,
they
adde
a
reason
for
confirmation
Ne
maleficia
remanoant
impunita
,
vtque
Prouincia
purgetur
malis
hominibus
.
And
in
this
sorte
,
if
the
Ordinarie
proceed
ex
officio
,
and
the
partie
denie
the
crime
objected
,
then
by
lawe
hee
is
enjoyned
his
purgation
.
At
which
time
of
purgation
(
say
they
)
he
must
directlie
aunswere
in
clearing
or
conuincing
him selfe
de
veritate
vel
falsitate
ipsius
criminis
objecti
,
and
his
compurgators
are
to
sweare
de
credulitate
(
weying
his
feare
of
God
and
conuersation
of
former
tymes
)
That
they
beleeue
he
hath
taken
a
true
oath
,
whiche
if
they
all
doe
,
then
he
is
holden
cleare
or
dismissed
.
But
if
he
fayle
in
his
purgation
,
then
fictione
juris
hee
is
taken
to
bee
guiltie
and
to
be
reformed
.
They
shewe
likewise
a
reason
of
diuersitie
betweene
the
proceeding
in
the
case
ex
officio
,
And
that
which
is
by
suite
of
the
partie
,
That
is
,
Licet
nemo
tenetur
seipsum
prodere
,
tamen
proditus
per
famam
tenetur
seipsum
ostendere
vtrum
possit
suam
innocentiam
ostendere
,
&
seipsum
purgare
.
And
a
reason
of
that
reason
is
added
,
because
penaunces
enjoyned
by
the
ordinarie
,
are
not
taken
in
lawe
to
be
poenae
but
medicinae
,
or
tending
to
the
reformation
of
the
delinquent
.
Th'
example
of
others
and
satisfaction
of
the
Church
offended
:
And
so
they
conclude
vpon
all
their
reasons
,
that
the
suspected
are
not
to
make
scruple
to
discouer
themselues
after
fame
.
This
being
the
true
and
onely
course
of
proceeding
by
Ordinaries
and
Ecclesiasticall
Iudges
in
causes
criminall
,
where
is
then
become
the
exacting
of
those
general
oathes
so
often
vsed
to
aunswere
all
Interrogatories
that
shal
bee
ministred
,
and
that
before
notice
or
vnderstanding
(
for
the
most
parte
)
of
the
cryme
objected
.
And
the
extortinge
by
oath
of
the
ground
and
foundation
of
the
inquisition
from
the
partie
conuented
,
doeth
it
not
appeare
by
the
resolution
of
these
learned
men
,
that
the
same
haue
no
good
or
sufficient
〈…〉
by
the
lawe
,
howe
long
or
much
soeuer
by
cou●●t
&
pretence
of
lawe
and
justice
they
haue
bin
practized
or
imposed
.
And
as
concerning
their
proceedings
exofficio
to
forced
p●●●gations
approued
(
as
they
seeme
to
affirme
)
both
by
〈…〉
Ecclesiasticall
and
tytle
of
prescription
,
if
we
looke
〈◊〉
thereto
,
and
take
good
view
thereof
,
what
other
thing
●●all
we
finde
then
harde
and
vnjust
dealing
towards
men
,
and
great
abuse
of
the
Name
and
Maicstie
of
Almightie
God
,
cloaked
and
shadowed
neuerthelesse
vnder
the
glorious
and
painted
glosses
of
beautifullshewes
and
feyned
pretences
of
purging
of
Prouinces
,
Reformation
of
delinquentes
necessarie
examples
,
discharge
of
publique
trust
,
and
satisfaction
of
the
offended
church
,
honest
and
honorable
termes
in
deede
,
but
ill
applied
to
this
purpose
.
For
firste
,
as
concerning
the
injustice
offred
vnto
men
,
if
it
be
a
true
and
sounde
principle
or
Maxime
in
lawe
,
not
denied
by
themselues
,
That
Nemo
tenetur
seipsum
prodere
,
where
should
the
benefite
thereof
be
had
or
taken
but
in
their
Courtes
and
Consistories
.
But
if
it
should
be
graunted
that
this
rule
faileth
where
a
man
is
proditus
per
famam
,
doeth
not
that
as
a
gloase
confoundinge
the
text
wholie
and
altogither
destroy
that
rule
or
principle
,
except
for
some
reliefe
this
narrowe
shifte
may
be
vsed
.
That
the
fame
neuerthelesse
standeth
in
force
where
any
other
then
the
Ordinarie
assumeth
to
proue
that
cryme
.
But
in
this
case
also
they
haue
so
weakned
this
maxime
,
that
scarcelie
will
it
stande
for
a
minome
,
affirminge
(
if
I
mistake
them
not
)
that
the
infamed
must
aunswere
on
his
oath
to
other
articles
not
principallie
touching
the
verie
crymes
objected
.
For
what
should
be
meant
by
other
articles
but
such
as
concerne
circumstaunces
and
inducementes
to
the
cryme
,
And
is
not
this
to
goe
like
the
crabb
oblique
,
and
to
proceede
the
same
way
,
although
not
to
treade
the
direct
steppes
?
But
why
there
should
bee
any
distaunce
betweene
the
suyte
or
instance
of
the
partie
and
the
proceeding
ex
officio
,
I
knowe
not
the
reason
.
Alleadged
therefore
is
this
,
Penaunces
enjoyned
by
Ordinaries
are
not
taken
to
bee
panae
but
medicinae
,
what
their
lawe
presumeth
is
not
sufficient
reason
to
prooue
their
lawe
reasonable
,
but
what
they
are
in
deed
is
to
be
weyed
.
And
shall
they
be
medicines
onelie
,
where
proceeding
is
ex
officio
?
Or
tende
they
in
that
case
alone
to
the
reformation
of
the
delinquent
,
Th'
example
of
others
,
and
satisfaction
of
the
Church
?
May
not
all
this
aswell
bee
verefied
where
the
cryme
is
complained
of
,
and
punished
at
th'
instaunce
of
the
partie
?
And
shall
not
penaunce
although
it
bee
but
the
standing
in
a
sheete
,
as
well
as
the
standing
on
the
pillorie
,
respect
of
publique
shame
and
reproache
(
grieuous
and
odious
vnto
all
men
)
be
accompted
for
a
punishment
?
True
it
is
,
all
corrections
are
or
should
bee
medicines
for
the
amendement
of
maners
.
But
doeth
it
therefore
follow
that
the
same
be
no
paines
or
punishments
?
As
concerning
th'
offence
to
God
by
the
abuse
of
his
Name
and
Maiestie
,
Haue
we
not
learned
before
that
to
offer
an
oath
vnto
persons
defamed
in
life
and
conuersation
,
and
speciallie
concerning
the
matter
of
his
owne
corrupt
life
argueth
a
lightnes
and
wante
of
good
discretion
in
the
Magistrate
,
who
thereby
wittinglie
doeth
minister
an
occasion
of
perjurie
?
And
are
not
all
those
on
whome
these
purgations
are
imposed
,
men
greatlie
defamed
,
and
vehementlie
suspected
of
the
crymes
objected
,
for
as
these
Doctours
affirme
the
law
when
secrete
crymes
by
circumstaunces
knowne
abroade
,
are
become
vehementlie
suspected
,
offensiue
and
daungerous
,
then
are
they
firste
enquired
of
.
The
proceeding
also
by
inquisition
beginning
vppon
fame
,
proued
not
slenderlie
,
but
by
presentment
vpon
oath
,
or
by
deposed
witnesses
,
being
many
honest
,
voide
of
malice
,
neighbours
to
the
partie
,
and
rendring
a
wise
&
sufficient
reason
of
their
knowledge
concerning
the
same
,
And
howe
then
may
a
Iudge
in
such
a
case
with
any
good
conscience
to
Godward
,
or
to
the
satisfaction
of
his
church
,
force
an
oath
vpon
such
a
one
for
the
finall
ende
of
the
cause
?
Is
not
the
perill
and
presumption
of
perjurie
very
great
and
pregnaunt
?
Knowe
we
not
that
all
,
or
the
moste
part
of
men
liking
the
counsell
(
dedecus
magis
quam
periculum
vites
)
will
rather
hazard
their
soules
then
put
their
bodies
to
shame
and
reproach
:
presume
the
lawe
neuer
so
much
that
after
fame
they
should
not
make
scruple
to
discouer
them selues
.
If
the
like
course
of
purgation
should
be
vsed
at
the
common
lawe
vpon
Indightmentes
of
fellonie
,
or
other
criminall
causes
,
what
doubt
were
to
bee
made
,
but
that
perjurie
in
short
time
would
ouerflowe
the
whole
lande
:
and
shall
we
not
thinke
,
that
the
same
is
not
frequent
in
these
kindes
of
purgations
?
But
say
they
,
the
partie
is
not
trusted
alone
,
he
bringeth
with
him
his
many
compurgators
,
who
depose
also
de
credulitate
,
waying
his
feare
of
God
and
former
conuersation
.
Be
it
so
,
the
matter
thereby
is
no
whit
amended
,
but
rather
made
worse
and
impaired
.
For
what
doe
those
compurgators
but
by
lending
their
oathes
,
justifie
in
effect
him
to
be
honest
,
whom
fame
and
the
former
deponentes
haue
proued
to
be
dishonest
,
and
verie
neare
(
the
circumstances
considered
)
conuinced
of
the
crime
objected
.
Why
rather
doe
not
these
Ordinaries
which
challendge
and
assume
to
them selues
the
goodlie
name
and
tytle
of
spiritual
men
,
if
they
respect
the
honor
of
God
,
and
regard
the
soules
of
men
,
free
the
people
from
these
pernitious
oathes
and
deadlie
purgations
,
and
proceede
to
their
sentence
of
condemnation
,
not
by
feyned
offices
and
fictions
of
lawe
;
but
by
good
proofe
and
lawfull
witnesses
?
And
againe
,
absolue
the
partie
defamed
,
where
such
sufficient
proofe
doeth
faile
them
,
why
should
they
thinke
much
to
offer
to
the
laitie
in
their
Ecclesiasticall
Courts
,
the
like
good
measure
,
and
vpright
&
sincere
justice
,
that
they
themselues
finde
&
obteine
in
the
courts
temporall
of
this
Realme
,
Where
neyther
they
nor
any
other
are
forced
ex
officio
Iudicis
,
by
strayning
oathes
and
strong
purgations
,
not
healthfull
but
hurtfull
to
bewray
or
accuse
them selues
.
Perhaps
this
counsell
would
be
receyued
,
if
it
were
as
profitable
as
good
and
honest
,
but
according
to
the
prouerbe
auro
loquente
tacendum
est
.
For
it
is
no
small
gaine
and
lucre
that
dailie
riseth
and
accreweth
to
the
Cleargie
and
Courtes
Ecclesiasticall
,
by
slaunder
,
fame
,
rumour
,
and
false
report
:
in
respect
wherof
these
faire
names
of
Office
and
discharge
of
publique
duetie
,
are
so
cunninglie
pretexed
,
and
these
poysoninge
purgations
so
daungerouslie
giuen
for
preseruatiues
.
A
matter
being
since
well
knowne
vnto
the
worlde
,
Concerning
the
common
lawes
of
this
Realme
,
we
may
finde
an
oath
diuerslie
allowed
of
and
vsed
in
causes
of
suyte
judiciallie
depending
.
But
such
a
generall
oathe
or
such
like
ex
officio
at
any
time
eyther
offred
by
Magistrate
or
taken
or
made
by
subject
of
this
lande
,
by
authoritie
of
the
common
lawe
,
can
neuer
be
proued
,
I
am
sure
,
eyther
by
good
recorde
or
sounde
reporte
of
the
same
.
Long
it
were
and
tedious
to
remember
the
particular
cases
,
when
and
where
an
oath
is
required
by
the
lawes
and
statutes
of
this
Realme
.
But
this
may
be
saide
in
generall
,
and
that
truelie
,
to
the
great
honor
and
highe
commendations
of
our
gouuernement
,
that
the
same
common
lawes
haue
not
imposed
or
appointed
an
oathe
to
bee
vsed
otherwise
then
according
to
the
right
institution
thereof
,
&
the
godlie
rules
before
remembred
:
yea
moreouer
this
may
trulie
be
affirmed
,
that
the
common
lawe
of
this
Kingdome
,
yea
the
common
wealth
it selfe
hath
euer
rejected
and
impugned
as
a
thing
vnlawfull
and
injurious
,
this
maner
of
swearing
,
whereof
we
nowe
intreat
,
as
by
that
we
shall
hereafter
say
,
may
euidentlie
appeare
.
Touching
the
oathes
imposed
or
admitted
at
the
common
lawe
by
Iudges
or
Magistrates
(
for
of
them
onelie
we
are
to
speake
.
)
First
it
is
vsed
as
by
good
reason
in
all
Courtes
of
Iustice
established
for
determination
of
causes
in
suite
or
controuersie
,
eyther
betweene
the
Prince
and
subject
,
or
the
subjectes
them selues
,
to
require
an
oath
of
all
such
as
are
called
or
produced
to
testifie
their
knowledge
concerning
the
matter
or
point
in
yssue
,
whereby
the
trueth
may
appeare
,
and
the
cause
receyue
an
ende
.
The
defendent
also
in
diuers
personall
actions
voluntatilie
offring
an
oathe
for
his
cleare
discharge
,
But
in
an
action
of
accompt
supposinge
the
receipt
by
the
hands
of
a
stranger
or
thirde
person
,
the
lawe
is
otherwise
:
for
here
the
thing
deliuered
is
not
preciselie
in
demaunde
,
but
an
accompt
onelie
thereof
required
.
And
the
receipt
being
the
cause
of
action
to
which
a
thirde
person
is
priuie
as
a
witnes
(
the
oath
of
the
defendent
as
a
thinge
not
of
necessitie
)
is
rejected
.
For
that
reason
was
the
defendent
put
from
his
wager
of
lawe
.
Anno
31.
Ed.
1.
where
the
case
was
this
:
An
action
of
detenewe
was
brought
for
a
Challice
,
the
defendent
pleaded
howe
the
pleadaunt
deliuered
the
same
in
gage
for
vj.
markes
,
and
that
vppon
the
repayment
thereof
he
was
readie
to
deliuer
the
Challice
,
the
pleadent
replying
that
he
had
repayed
the
money
by
the
handes
of
one
such
,
the
defendent
offring
his
oath
to
the
contrarie
,
was
nor
admitted
therevnto
,
inasmuch
as
there
was
a
witnes
of
the
repayment
,
by
whose
testimonie
the
trueth
might
be
knowen
.
And
as
the
common
lawe
is
thus
on
the
part
of
the
defendent
,
so
is
it
likewise
for
the
pleadant
,
comminge
as
it
were
in
place
of
a
defendent
.
Therefore
Anno
21.
Ed.
3.
fol.
49.
the
case
was
that
the
defendent
vppon
his
accompt
would
haue
discharged
him selfe
by
certen
tallyes
,
and
so
by
his
oath
continued
the
charge
against
the
defendent
.
But
Anno
29.
Ed.
3.
the
defendent
in
accompt
alleadged
before
the
Auditors
,
payment
to
the
pleadant
by
the
hands
of
another
,
and
the
pleadent
offring
his
oath
that
hee
had
not
teceyued
the
money
,
was
in
respect
of
the
third
person
denied
to
wage
his
lawe
.
And
the
good
discretion
and
consideration
which
the
lawe
vseth
in
the
allowing
and
admitting
of
wager
of
lawe
,
is
not
to
be
forgotten
.
Whiche
lawe
(
least
men
of
light
credite
or
doubtfull
faith
,
should
take
an
oath
)
suffereth
no
man
to
doe
his
lawe
,
but
such
onelie
as
is
able
to
bring
with
him
11.
other
persons
of
ripe
yeres
and
of
good
name
,
to
depose
with
him
,
that
they
thinke
he
sweareth
truelie
.
Neither
are
th'
one
parties
or
th'
other
in
any
personal
action
by
the
courses
of
the
common
lawe
suffered
to
cleare
themselues
by
their
oathes
where
they
are
charged
,
eyther
by
their
lawfull
writing
or
matter
of
recorde
,
for
that
these
are
testimonies
and
proofes
sufficient
wherevnto
faith
and
credite
ought
to
be
giuen
,
much
more
might
bee
saide
in
such
particulars
,
but
these
may
suffice
to
shewe
howe
in
suites
for
goods
,
chattels
,
debtes
,
or
personall
dueties
,
the
common
lawes
of
this
Realme
admit
no
ydle
,
vaine
,
suspitious
or
vnnecessarie
oathes
,
neyther
compell
any
man
to
sweare
concerning
them
,
but
vppon
cause
allowe
of
the
pl●and
desertes
volontarie
and
necessarie
oath
for
an
ende
of
the
controuersie
.
As
touching
the
causes
and
controuersies
for
landes
and
inheritaunces
depending
in
suyte
,
eyther
in
admitting
or
requiring
of
oathes
,
some
fewe
cases
there
be
:
Neuerthelesse
where
an
oath
for
them
is
vsed
,
As
if
a
Praecipe
quod
reddat
be
brought
of
lande
wherein
the
tenaunt
was
not
lawfullie
sommoned
,
he
may
vpon
returne
of
the
proces
of
graund
cape
,
wage
his
lawe
for
none
sommons
,
and
thereby
(
as
not
well
executed
)
abate
the
demaundentes
writ
,
in
which
case
an
oath
seemeth
rightlie
to
bee
admitted
,
since
the
cause
is
both
of
weight
and
necessitie
to
the
tenaunt
,
this
being
the
onely
way
to
relieue
him
against
the
vntrue
returne
of
the
Sherife
,
whereby
his
lande
for
want
of
apparaunce
was
to
bee
recouered
against
him
.
For
as
the
lawe
seemeth
to
way
a
triall
of
this
sommons
by
12.
men
is
not
allowable
.
And
although
it
may
bee
saide
,
that
the
tenaunt
vpon
his
losse
by
default
might
haue
a
writ
of
deceipt
,
and
recouer
againe
his
lande
,
We
may
finde
also
in
such
reall
actions
an
oath
required
in
another
maner
,
but
yet
to
good
purpose
,
that
is
,
to
take
away
vnnecessarie
delayes
of
Iustice
.
For
if
the
tenaunt
in
a
praecipe
of
lande
will
cast
an
Essoyne
of
the
Kings
seruice
,
the
Essoygner
shall
sweare
,
and
that
directlie
,
the
same
to
be
no
feined
excuse
,
otherwise
the
Essoyne
shall
not
be
allowed
.
Some
fewe
other
particular
cases
of
like
nature
may
peraduenture
be
shewed
where
an
othe
is
admitted
or
required
in
these
reall
actions
,
but
none
I
am
sure
tending
to
anie
such
purpose
as
these
oathes
commaunded
and
enforced
ex
officio
.
In
criminall
causes
and
suytes
,
This
knewe
the
subtill
serpent
our
aduersarie
full
well
in
generall
,
although
he
were
deceyued
in
the
particular
,
when
as
he
saide
vnto
God
concerning
the
holie
man
Iob
:
Skinne
for
skinne
,
(
sayth
Sathan
)
and
touche
his
bones
and
his
fleshe
,
and
see
if
he
will
not
then
blaspheme
thee
to
thy
face
.
Moreouer
,
euerie
wise
Magistrate
may
well
conceyue
vpon
howe
weake
and
feeble
a
foundation
he
shall
ground
his
sentence
,
trusting
to
such
an
oath
,
when
before
hande
the
suspition
and
presumption
of
perjurie
is
so
pregnant
.
Therefore
in
causes
capitall
or
otherwise
criminall
,
these
our
lawes
neyther
vrge
by
oathe
nor
force
by
torment
any
man
to
accuse
or
excuse
him selfe
,
but
rejecte
the
oath
as
vnbeseeming
a
well
gouerned
state
or
common
wealth
:
And
condemne
the
torture
as
a
thing
most
cruel
&
barbarous
,
wherof
although
they
neede
no
other
proofe
than
the
dailie
practize
and
proceedinges
against
parties
suspected
of
such
offences
,
yet
concerning
the
inquisitions
by
torture
,
we
may
see
the
same
affirmed
by
that
learned
Iudge
Maister
Fortescue
in
his
commentaries
of
the
Pollicie
of
this
Kingdome
,
Neyther
is
it
necessarie
to
set
forth
at
large
where
and
in
what
particular
cases
Oathes
are
appointed
by
Actes
of
Parliament
of
this
Realme
,
as
to
remember
the
diuers
Oathes
of
Bishops
,
Counsellours
,
Iudges
,
Magistrates
,
Officers
,
and
Ministers
of
Lawe
and
Iustice
.
The
oath
ordeined
for
the
maintenaunce
of
the
supremacie
Royall
,
and
abolishing
of
forreine
jurisdiction
.
The
power
of
examination
by
oath
by
the
statute
of
Anno
5.
H.
4.
and
manie
others
,
for
that
by
perusall
of
the
statutes
,
the
same
may
vnto
him
that
will
searche
,
easilie
appeare
.
Vpon
consideration
of
all
which
actes
of
Parliament
,
beeing
in
force
,
it
may
truelie
be
affirmed
that
there
is
not
so
much
as
a
bare
shewe
or
shadowe
of
matter
to
giue
credite
or
allowaunce
to
these
infinite
wrested
and
extorted
oathes
ex
officio
.
But
it
may
be
that
some
man
in
the
defence
of
the
cause
and
for
allowance
of
those
oathes
will
alleadge
the
twise
damned
and
repealed
statute
made
vpon
the
sinister
suggestion
of
the
Cleargie
Anno
2.
H
4.
cap.
15.
That
euerie
mans
lawe
must
bee
consonant
to
the
lawe
of
God
.
And
therefore
the
lawes
of
Princes
,
the
commaundements
of
Prelates
,
the
statutes
of
Communalties
,
ne
yet
the
ordinances
of
the
Church
,
is
not
righteous
or
obligatorie
,
Except
it
be
consonant
and
agreeable
to
the
lawe
of
God
.
But
as
concerning
that
statute
,
will
you
heare
what
is
declared
by
Parliament
Anno
25.
H.
8.
The
subjects
of
this
Realme
at
that
time
lamentablie
shewe
vnto
their
Soueraigne
Lord
and
King
,
They
moreouer
affirme
,
that
it
standeth
not
with
the
right
order
of
justice
nor
good
equitie
,
that
any
person
should
be
conuict
&
put
to
the
losse
of
his
life
,
good
name
,
or
goodes
,
vnlesse
it
were
by
due
accusation
and
witnesse
;
or
by
presentment
,
verdict
,
confession
,
or
processe
of
outlawrie
:
Declaringe
moreouer
,
that
by
the
lawes
of
the
Realme
for
treasons
committed
to
the
perill
of
the
Kinges
most
Royall
Maiestie
,
vpon
whose
suertie
dependeth
the
wealth
of
the
whole
Realme
,
no
person
can
ne
may
be
put
to
death
,
but
by
presentment
,
verdict
,
or
processe
of
outlawrie
:
and
therfore
not
reasonable
that
any
Ordinarie
by
any
suspition
conceyued
of
his
owne
fantafie
,
without
due
accusation
or
presentment
,
should
put
any
subject
of
this
Realme
,
in
the
infamie
or
slaunder
of
heresie
,
to
the
perill
of
life
,
losse
of
name
,
and
goods
.
They
further
shewe
that
there
may
be
heresies
and
paines
and
punishmentes
declared
and
ordeined
in
and
by
the
canonicall
sanctions
,
and
by
the
lawes
and
ordinances
made
by
the
Popes
and
Bishops
of
Rome
,
and
by
their
authorities
,
for
holdinge
,
doing
,
preaching
or
speaking
of
things
contrartie
to
the
saide
canonicall
sanctions
,
lawes
and
ordinances
,
whiche
be
but
humane
,
mere
repugnant
and
contrarious
to
the
Prerogatiue
of
the
Kings
Imperiall
Crowne
.
Regall
jurisdiction
,
lawes
,
statutes
,
and
ordinaunces
of
the
Realme
,
by
reason
whereof
the
people
of
the
same
for
obseruing
,
maintayning
,
defending
,
and
due
executing
of
the
Kinges
lawes
,
statutes
,
and
prerogatiue
Royall
,
by
authoritie
of
that
act
,
may
be
brought
into
slaunder
of
heresie
,
to
their
great
infamie
and
daunger
and
perill
of
their
liues
.
So
wee
see
first
howe
the
craftie
and
subtill
Cleargiemen
were
the
procurers
of
that
statute
lawe
,
to
the
ende
that
they
might
execute
their
crueltie
,
and
howe
vnder
cloked
and
couert
termes
of
canonical
sanctions
,
they
vnjustlie
vsurped
jurisdiction
ouer
the
people
,
ministring
vnto
them
captious
&
snarling
Interrogatories
.
And
(
as
it
should
seeme
by
the
histories
)
vpon
oath
contrarie
to
the
true
meaning
of
the
lawe
and
law
makers
,
and
against
the
right
order
of
justice
and
all
good
equitie
:
impugning
thereby
the
Royall
Prerogatiue
,
th'
Imperiall
Crown
,
the
Princelie
Scepter
,
lawes
and
Pollicie
of
this
Kingdome
.
In
consideration
whereof
,
and
to
take
from
them
all
coulor
of
lawe
positiue
of
this
Realme
,
that
statute
was
then
repealed
,
and
a
newe
forme
of
enquirie
of
heresie
by
indightment
,
presentment
or
due
accusation
by
two
lawfull
witnesses
at
the
least
,
was
established
.
And
it
is
further
to
be
noted
,
that
although
the
Statute
made
Anno
31.
H.
8.
commonlie
called
the
statute
of
sixe
articles
,
was
a
verie
streight
,
sore
,
extreeme
&
terrible
act
,
And
although
at
that
tyme
this
statute
lawe
seemed
just
and
equall
,
as
concerning
the
maner
of
enquirie
and
trial
,
yet
time
(
disclosing
all
thinges
)
made
it
appeare
that
the
same
was
not
false
,
in
respect
that
diuers
secret
and
vntrue
accusations
and
presentementes
might
bee
,
and
by
all
likelihoode
were
maliciouslie
conspired
,
and
therefore
it
was
enacted
Anno
35.
H.
8.
cap.
5.
That
no
person
should
bee
arraigned
or
put
to
triall
for
or
vpon
any
accusation
,
information
or
presentment
,
concerning
any
of
the
offences
mentioned
in
the
statute
of
6.
articles
,
but
onely
vppon
such
presentementes
and
indightements
as
shoulde
bee
sounde
and
made
by
the
oathes
of
12.
men
or
moe
,
&c.
These
things
standing
thus
,
howe
may
any
man
justifie
or
defende
(
much
lesse
practize
)
those
generall
oathes
or
examinations
by
oath
ex
officio
by
any
statute
lawe
of
this
Realme
,
being
by
them
not
onelie
rejected
,
but
vtterlie
condemned
as
not
standing
with
the
right
order
of
Iustice
nor
good
equitie
,
especiallie
the
statute
made
Anno
25.
H.
8.
beinge
in
force
and
limitinge
vnto
Archb.
and
Bish.
none
other
jurisdiction
then
such
as
they
may
vse
without
offence
to
the
Prerogatiue
Royall
and
the
lawes
and
customes
of
this
Realme
.
Of
which
lawes
and
customes
the
common
lawe
is
no
part
or
portion
.
And
as
a
well-willer
I
would
aduise
all
Ordinaries
and
such
as
exercise
Ecclesiasticall
jurisdiction
,
especiallie
hauing
taken
the
oathe
ordeyned
for
the
maintenaunce
of
the
Supremacie
Royall
,
(
wherein
they
sweare
to
assist
to
their
power
,
and
defende
all
jurisdictions
,
Priuiledges
,
Preheminences
and
authorities
graunted
or
belonging
to
the
Queenes
Highnes
,
her
heyres
and
successours
,
or
vnited
and
annexed
to
the
Imperiall
Crowne
of
this
Realme
)
to
take
heede
that
they
attempt
not
to
put
in
practize
or
exercise
any
such
Oathes
or
examinations
ex
officio
,
least
happilie
they
bee
not
onely
founde
thereby
to
be
impugnors
of
the
Royall
Prerogatiues
,
but
discredited
farther
by
the
breach
of
their
oath
.
If
it
be
saide
(
for
what
will
not
be
moued
for
a
defence
)
that
the
King
heretofore
gaue
in
those
commissions
besides
the
lettre
and
meaning
of
the
statute
of
6.
If
the
King
(
sayeth
hee
)
commaunde
any
thing
impossible
that
which
the
lawe
will
in
the
case
must
be
done
?
Anno
42.
Ed.
3.
There
was
a
Commission
awarded
out
of
the
Chauncerie
to
apprehende
a
certen
subject
of
this
Realme
,
and
to
seize
his
goods
and
chattells
,
no
enditement
,
suite
of
partie
,
or
other
due
processe
of
lawe
precedent
,
and
the
same
was
by
the
Iustices
holden
to
be
altogither
voyde
,
as
a
matter
against
the
Pollicie
of
the
Realme
,
and
maner
of
execution
of
justice
.
Likewise
it
appeareth
in
the
same
yeare
,
that
a
writte
proceeding
from
the
Chauncerie
,
to
enquire
of
Chaunperties
,
Conspiracies
,
&c.
whereby
one
of
the
Kings
subjectes
stood
indighted
,
was
by
Iustice
Kneuet
vppon
the
resolution
of
the
rest
of
the
Iudges
,
damned
&
adjudged
voyd
in
respect
that
such
matters
are
not
inquireable
by
writ
,
but
by
Commission
.
But
it
wil
be
said
of
some
(
I
verily
suppose
)
that
although
neither
the
common
lawes
,
nor
statutes
of
this
Realme
,
nor
the
Kings
commission
,
doe
or
can
warrant
such
maner
of
oath
and
examinations
ex
officio
,
yet
the
publique
practize
and
vse
of
the
honorable
Courtes
of
Starchamber
&
Chauncerie
,
the
one
in
causes
criminall
,
the
other
in
suites
ciuill
of
equitie
and
conscience
concurring
in
one
forme
of
taking
aunsweres
and
examinations
by
oath
,
doe
fortifie
and
confirme
the
thing
which
wee
impugne
.
Whiche
speach
as
it
may
seeme
at
the
first
to
giue
some
coulor
and
shewe
of
credit
to
their
cause
,
so
vppon
consideration
had
and
due
comparing
the
one
with
the
other
,
it
will
soone
appeare
to
be
but
a
vanishing
smoake
,
and
shadowe
voyde
of
substance
.
For
first
,
if
it
should
bee
graunted
,
that
such
kinde
of
oathes
and
examinations
were
vsed
in
the
Courts
of
Starchamber
and
Chauncerie
,
yet
would
it
not
followe
that
the
same
might
be
practized
in
the
Courtes
and
Consistories
Ecclesiasticall
,
vnlesse
the
like
allowance
thereto
and
consent
of
the
whole
Realme
might
be
prooued
also
.
And
who
knoweth
not
howe
weake
a
profe
,
examples
,
and
presidentes
are
where
an
expresse
lawe
or
certen
policie
is
to
the
contrarie
.
Therefore
it
is
well
said
in
the
ciuill
lawe
,
Jus
non
ex
regula
sumatur
,
sed
ex
jure
regula
fiat
.
By
better
Logick
might
they
conclude
thus
:
All
answeres
are
made
vpon
oath
in
the
Kings
Courtes
of
Starchamber
&
Chauncerie
,
Ergo
the
same
course
may
be
vsed
in
the
Courtes
of
the
Kings
Bench
and
common
place
,
which
neuerthelesse
were
an
absurd
conclusion
.
It
is
verie
true
in
deede
,
that
these
honorable
Courtes
of
Starchamber
and
Chauncerie
proceede
not
to
the
tryall
of
causes
by
Iurie
,
after
the
manner
of
the
common
lawes
of
this
Realme
,
but
giue
their
judgementes
and
definitiue
sentence
vppon
the
aunswere
and
examination
of
the
defendent
,
affirmed
by
his
corporall
oathe
,
and
vpon
the
depositions
of
witnesses
.
But
who
hath
euer
seene
in
these
Courtes
any
subject
of
this
lande
,
in
a
cause
concerning
him selfe
,
brought
forth
and
compelled
to
depose
or
make
aunswere
vppon
his
oath
,
no
bill
of
complainte
or
information
formerlie
exhibited
against
him
.
Nay
on
the
contrarie
,
these
Courtes
obseruing
the
due
forme
of
Iustice
,
enforce
no
man
to
answere
,
but
where
hee
hath
a
knowne
accusor
,
and
perfect
vnderstandinge
of
the
cause
or
cryme
objected
,
and
therewithall
is
permitted
to
haue
a
coppie
of
the
bill
of
complainte
or
information
(
beeing
not
ore
tenus
,
)
And
allowed
moreouer
both
tyme
conuenient
,
and
counsell
learned
well
to
consider
and
aduise
of
his
oathe
and
aunswere
.
And
if
his
aduersaries
complaint
bee
either
insufficient
in
forme
or
matter
,
or
such
as
the
Court
hath
no
jurisdiction
to
determine
the
defendent
vppon
demurrer
,
without
oathe
is
dismissed
,
and
that
with
costes
.
And
admitt
the
accusation
,
such
as
euery
way
is
aunswerable
,
yet
if
the
Interr
.
ministred
,
bee
impertinent
to
the
matter
of
complaint
,
the
defendent
without
offence
to
the
Court
,
may
refuse
to
make
aunswere
to
the
same
.
What
similitude
or
likenes
then
is
there
betweene
the
oathes
and
examinations
vsed
in
these
honorable
Courtes
,
and
those
constreiners
ex
officio
,
since
the
former
sorte
bee
orderlie
taken
in
Courtes
of
Iustice
,
th'
other
without
all
course
of
judgement
,
th'
one
where
pl.
and
complaint
are
manifest
,
the
other
where
neyther
accusor
nor
matter
of
accusation
doe
appeare
,
the
one
oath
made
vppon
certen
knowledge
and
good
aduisement
,
the
other
soddenlie
without
all
discretion
vpon
vncertaine
demaundes
,
the
one
wiselie
restrained
to
certen
limittes
and
boundes
,
the
other
foolishlie
wandringe
at
the
doubtfull
will
of
a
slie
and
subtill
apposer
.
Vpon
the
one
the
deponent
aunswereth
to
the
accusation
of
his
aduersarie
,
by
the
other
hee
is
compelled
oftentimes
to
bee
his
owne
accusor
and
condemner
:
the
one
enquireth
an
aunswere
to
matter
in
fact
,
done
eyther
to
the
injurie
of
some
priuate
person
,
or
hurte
of
the
publique
state
,
the
other
constreyneth
the
reuealing
of
wordes
,
deedes
,
and
thoughtes
,
though
neuer
offensiue
to
any
.
Than
since
it
is
apparaunt
that
these
manner
of
oathes
are
altogither
mere
straungers
to
our
pollicie
,
Iohn
Lambert
,
who
noteth
the
papisticall
Cleargie
and
religious
men
of
his
time
most
irreligiouslie
to
haue
practized
the
same
.
And
no
doubt
the
Prelates
of
former
ages
,
fayning
and
pretendinge
such
oathes
to
be
necessarie
for
the
gouernment
of
the
church
,
and
to
purge
the
Prouince
of
euill
men
,
as
aforesaide
.
But
in
trueth
,
finding
it
a
fitt
instrument
to
maintaine
the
Romishe
Hierarchie
,
and
to
tyrannize
ouer
the
consciences
of
good
men
,
most
impiouslie
violating
the
lawes
both
of
God
and
man
,
imposed
this
maner
of
corrupt
oath
vppon
the
people
,
and
no
mervaile
,
since
there
was
no
euil
or
mischiefe
that
could
bee
deuised
,
either
against
the
Prince
,
people
or
pollicie
of
this
lande
,
which
these
kinde
of
our
Prelates
haue
not
attempted
and
put
in
practize
.
For
firste
disguising
themselues
vnder
the
visor
and
maske
of
hipocrisie
and
feined
holines
,
and
making
marchandize
of
all
thinges
(
euen
of
heauen
and
hell
)
purchased
and
acquired
in
short
time
(
such
was
the
blinde
deuotion
of
the
superstitious
laitie
)
great
and
large
Seignories
,
Landes
and
possessions
(
the
verie
mother
and
nource
of
pryde
,
presumption
and
vaine
pompe
of
this
worlde
)
And
not
so
satisfied
,
but
vnsaitablie
and
most
ambitiouslie
lusting
after
rule
&
dominion
,
spared
not
against
their
due
alleadgance
,
to
ensest
euen
the
Kings
and
Princes
of
the
lande
.
Lett
the
contention
and
strife
of
Anselme
,
Archbishop
of
Canterburie
with
King
Rufus
,
the
manifolde
practizes
of
Thomas
,
Becket
against
King
Henrie
the
seconde
,
the
tragicall
life
,
and
pitifull
ende
of
King
John
,
occasioned
chieflie
by
the
malitious
meanes
of
the
Archbishop
Stephen
Langton
,
the
treason
of
Archbishop
Arundell
against
his
soueraigne
Lorde
and
King
Richard
the
second
,
and
the
pryde
and
insolencie
of
Cardinall
Woolsey
against
that
renowmed
Prince
Kinge
H.
8.
among
others
,
be
sufficient
testimonies
in
this
behalf
.
And
as
these
pontificall
Prelates
with
others
more
,
puffed
vp
in
swelling
pryde
and
ambition
,
strake
at
the
head
,
so
the
crewe
of
that
Antichristian
Cleargie
ceased
not
from
time
to
time
to
wrastle
and
make
warre
euen
with
the
sinewes
and
strength
of
the
bodie
politike
of
this
Realme
,
the
lawes
I
meane
and
customes
of
this
kingdome
,
beinge
the
principall
stay
and
stoppe
to
their
insolent
and
ambitious
attemptes
,
endeuouring
them selues
to
writhe
out
and
exempt
them selues
from
their
due
subjection
to
the
same
,
sometimes
againe
encroching
and
vsurping
the
right
and
jurisdiction
of
the
Kinges
courtes
,
coueringe
to
drawe
all
causes
into
their
costlie
and
lingring
Consistories
.
And
oftentimes
bringing
in
(
to
the
prejudice
both
of
the
Prince
and
the
people
)
forreine
decrees
and
constitutions
,
with
the
corrupt
Canons
and
ceremonies
of
the
accursed
sea
of
Rome
.
For
proofe
whereof
,
lette
the
particular
examples
hereafter
mentioned
,
serue
,
as
a
fewe
amongest
manie
.
The
Pope
(
sayeth
Polidore
Virgill
)
made
a
lawe
in
the
Counsell
of
Lyons
,
that
the
Cleargie
should
not
bee
taxed
without
his
leaue
or
commaundement
:
which
lawe
of
immunitie
,
although
it
were
of
no
force
to
binde
within
this
Realme
,
for
that
the
same
is
not
subject
to
any
foreine
made
lawes
or
constitutions
not
suffred
by
the
King
,
and
voluntarilie
accepted
and
vsed
by
his
people
,
as
is
expreslie
declared
by
the
statute
made
Anno
25.
H.
8.
cap.
21.
yet
see
the
good
disposition
and
obedience
of
the
Cleargiemen
of
this
Realme
in
the
time
of
King
Ed.
1.
which
Churchmen
with
great
obstinacie
refused
to
paye
the
subsidie
graunted
to
the
King
.
Robert
,
then
Archbish.
of
Canterburie
(
head
&
primate
of
that
faction
)
wickedlie
abusing
this
text
of
holie
scripture
to
serue
his
rebellious
intent
,
obedire
oportet
Deo
magis
quam
hominibus
,
The
Pope
and
his
pursle
beeing
his
best
beloued
Gods
:
Howe
much
better
and
more
Bishoplike
might
he
haue
remembred
,
Date
quae
sunt
Caesaris
Caesari
,
&
quae
sunt
Dei
Deo
.
That
holy
saint
Hugh
,
sometimes
Bishop
of
Lincolne
,
related
amongest
the
Romish
Gods
,
puffed
vp
with
the
like
arrogancie
in
the
time
of
the
seuerall
Reignes
of
King
H.
2.
and
Richarde
the
1.
and
of
King
Iohn
,
denied
the
payment
of
tribute
and
subsidie
,
blustering
and
puffinge
out
:
moreouer
like
Cacus
in
his
denne
his
smokie
blastes
of
cursse
and
excommunication
against
the
Kings
collectours
,
A
notable
example
of
humilitie
and
obedience
in
a
Popeholie
Bishop
.
It
is
saide
also
by
Maister
Frowick
Anno
10.
H.
7.
That
the
Cleargie
had
a
Constitution
,
that
no
Priest
should
be
impleaded
by
the
common
lawe
of
this
Realme
,
for
any
cause
whatsoeuer
:
whether
he
saide
truelie
therein
,
lette
the
Canonistes
judge
.
But
certain
I
am
,
the
whole
rabble
of
that
Romish
Cleargie
,
did
from
time
to
time
their
best
endeuour
to
make
them selues
lawlesse
altogither
,
as
by
the
grieuances
exhibited
by
the
Princes
of
Germanie
at
the
Counsell
of
Norrenberg
in
the
time
of
the
Emperour
Charles
the
fifte
,
may
well
appeare
.
And
this
our
haughtie
Hugh
of
Lincolne
,
eyther
emboldened
by
such
a
Cannon
,
or
of
his
own
free
courage
,
as
a
lustie
champion
of
that
irregular
confederacie
,
drewe
out
his
woodden
dagger
of
excommunication
against
the
Kings
,
Iudges
,
and
Magistrates
,
secluding
them
as
farre
as
his
follie
might
,
from
the
fellowship
and
companie
of
Christians
,
because
they
had
by
course
of
lawe
imposed
a
fine
vpon
a
Proselite
of
theirs
,
newlie
crept
into
their
vnholie
orders
,
for
his
trespasse
committed
in
the
Kings
Forrestes
.
But
will
you
see
more
fullie
and
clearelie
,
beholde
as
in
a
glasse
the
manifold
vsurpations
,
incrochmentes
,
injuries
and
oppressions
committed
and
done
from
time
to
time
,
by
the
Pope
,
Prince
of
that
curssing
&
accursed
Cleargie
,
and
by
his
sworne
&
deuoted
Baalamites
and
shauelinges
,
against
the
rightes
and
prerogatiues
of
this
Imperiall
Crowne
,
the
lawes
of
this
Monarchie
,
and
the
liberties
of
the
subjectes
thereof
,
then
read
and
consider
the
grieuances
of
the
commons
exhibited
against
the
Cleargie
Anno
21.
H.
8.
the
seuerall
statutes
of
Prouision
and
Premunire
,
the
statutes
of
Mortmaine
,
with
the
diuers
kindes
of
prohibitions
to
the
Courtes
and
Consistories
Ecclesiasticall
.
Among
which
you
may
finde
an
especiall
prohibition
with
an
attachement
therevpon
deuised
against
these
injurious
oathes
and
examinations
,
as
against
abuses
greatlie
offensiue
to
the
Crowne
and
dignitie
Royall
.
Which
the
better
shall
appeare
by
the
writtes
them selues
,
which
are
in
this
forme
set
downe
in
the
Register
,
But
here
(
me
thinkes
)
some
retchlesse
or
inconsiderate
reader
steppeth
forth
and
sayeth
,
What
is
your
meaning
to
circumscribe
and
include
all
authoritie
of
ministringe
oathes
in
the
Courtes
Ecclesiasticall
within
the
streight
limites
and
boundes
of
causes
Testamentarie
and
Matrimoniall
,
howe
then
shall
all
other
matters
subiect
to
their
jurisdiction
(
being
in
number
manie
,
and
in
nature
diuers
)
receyue
due
examination
.
For
aunswere
therevnto
,
this
shortlie
may
suffice
,
That
the
state
of
the
question
whiche
at
this
present
we
haue
in
hande
,
is
not
in
what
cases
those
Courtes
may
giue
or
impose
an
oath
,
but
the
matter
wher
of
we
nowe
intreate
is
,
concerning
forced
and
constrained
oathes
ex
officio
,
and
especiallie
in
that
generall
maner
before
remembred
.
And
as
touching
the
triall
of
causes
by
examination
of
witnesses
judiciallie
depending
betweene
partie
and
partie
in
th'
Ecclesiasticall
Courtes
,
it
standeth
firme
and
for
founde
lawe
,
according
to
the
saide
Prohi●●on
,
and
the
opinion
of
Maister
Iustice
Fitzherbert
,
in
his
booke
of
Iustice
of
Peace
,
is
,
That
those
Iudges
Ecclesiasticall
haue
no
lawfull
power
or
authoritie
to
force
or
constraine
by
censures
of
the
Church
or
otherwise
,
any
subject
of
this
Realme
,
against
his
will
to
testifie
vppon
his
oathe
,
other
then
in
the
foresaide
causes
of
Mariage
and
Testamentes
,
although
comming
before
them
,
as
produced
by
the
parties
in
the
suite
,
they
may
lawfullie
(
as
vnto
men
voluntarilie
accepting
the
same
)
minister
an
oath
,
otherwise
it
is
plaine
extortion
,
and
wrong
vnto
the
partie
.
And
admitte
they
would
denie
to
depose
,
what
prejudice
were
that
to
the
Court
Christen
,
but
rather
a
faylinge
in
proofe
in
the
partie
suing
.
And
in
this
state
and
sorte
standeth
the
proofe
of
causes
by
witnesses
at
the
common
law
.
Neuerthelesse
,
since
the
statute
made
against
wilfull
perjurie
,
the
witnesse
serued
with
processe
,
and
hauinge
his
charges
tendered
,
making
default
,
incurreth
a
paine
pecuniarie
.
And
why
should
the
Cleargie
and
Iudges
Ecclesiasticall
thinke
it
much
,
to
be
ruled
and
restrayned
concerning
their
jurisdiction
by
the
Kings
Prerogatiue
,
and
the
common
lawes
of
this
Realme
,
since
what
jurisdiction
or
authoritie
soeuer
they
haue
or
enjoye
(
matters
of
the
Diuine
lawe
excepted
)
yea
euen
in
those
especiall
causes
of
Testamentes
,
Mariages
,
Diuorses
,
and
Tythes
,
is
no
otherwise
theirs
,
then
by
the
goodnes
of
the
Princes
of
this
Realme
,
and
by
the
lawes
and
customes
of
the
same
,
as
the
statute
of
Anno
24.
H.
8.
cap
,
12.
well
declareth
,
and
may
be
taken
from
them
and
restored
to
the
temporall
Iudges
,
especiallie
the
abuses
of
the
Cleargie
well
descruing
it
at
the
will
and
pleasure
of
the
Prince
and
people
.
But
to
returne
againe
to
our
prohibition
and
attachment
,
it
is
euident
thereby
,
that
all
the
sommons
and
citations
which
those
Ecclesiastical
Iudges
sende
forth
vnder
these
general
termes
,
propter
salutem
animarum
,
or
,
ex
officio
mero
:
And
all
their
arrestes
,
distresses
,
impeachmentes
,
excommunications
,
and
imprisonmentes
therevpon
ensuing
,
are
altogither
injurious
,
both
to
the
Prince
and
people
.
And
of
this
opinion
seemeth
to
be
that
learned
Iudge
Maister
Fitzherbert
,
who
in
his
booke
De
natura
breuium
,
sayeth
vppon
these
writtes
in
this
maner
:
By
this
appeareth
,
that
these
generall
citations
which
Bb.
make
to
cite
men
to
appeare
before
them
pro
salute
animae
,
without
expressing
any
cause
especiall
,
are
against
the
lawe
.
And
true
it
is
,
for
by
the
statute
of
Magna
Charta
,
de
Clerice
admittendo
,
sought
to
translate
some
of
them
against
their
and
the
Kings
will
,
and
diuers
other
inconueniences
,
in
derogation
of
the
Kings
Crowne
and
Regalitie
,
prouideth
remedie
for
those
and
such
like
mischiefes
,
in
this
maner
:
That
if
any
purchase
,
or
pursue
,
or
doe
to
be
purchased
or
pursued
in
the
Court
of
Rome
,
or
elswhere
,
any
such
translations
,
processe
&
sentences
of
excommunications
,
bulles
,
instrumentes
,
or
any
other
thinges
whiche
touche
the
Kinge
,
against
him
,
his
Crowne
,
and
his
Regalitie
,
or
his
Realme
,
or
them
receyue
,
or
make
thereof
notification
,
or
any
other
execution
within
the
same
Realme
or
without
,
that
they
,
their
Notaries
,
Procurators
,
Mainteiners
,
Abbetters
,
Fautors
,
and
Counsellors
,
shal
be
put
out
of
the
Kings
protection
,
and
their
landes
and
tenementes
,
goods
and
chattelles
forfait
to
the
King
,
&c.
Since
the
making
of
whiche
statute
,
it
hath
bene
helde
and
adjudged
for
cleere
lawe
in
the
Kinges
Courtes
,
That
if
any
subject
of
the
kinges
sue
or
impleade
an
other
in
any
Ecclesiasticall
Court
of
this
Realme
,
for
any
cause
or
matter
appertayninge
to
the
examination
and
judgement
of
the
Courtes
of
the
common
lawe
,
or
any
judge
Ecclesiasticall
presume
to
holde
plea
thereof
,
or
deale
in
any
causes
not
belonginge
to
his
jurisdiction
,
that
they
incurre
the
daunger
and
penaltie
of
premunire
,
as
by
the
booke
of
5.
Ed.
4.
fol.
6.
&
by
th'
opinion
of
the
Court
Anno
11.
H.
7.
remembred
by
Maister
Fitzherbert
,
plainelie
doeth
appeare
.
According
also
therevnto
is
the
case
of
Maister
Barloo
,
late
Bishop
of
Bathe
,
reported
by
Maister
Iustice
Brooke
,
Which
Bish.
in
the
time
of
Kinge
Edwarde
the
6.
depriuing
the
Deane
of
Welles
,
whose
Deanrie
was
a
donatiue
,
passing
therein
beyonde
the
limites
of
his
jurisdiction
,
fell
into
the
daunger
of
premunire
.
And
being
called
into
question
,
and
hauinge
no
just
defence
,
was
faine
to
appeale
to
the
Kings
mercie
,
and
obteyned
a
pardon
.
And
that
booke
of
5.
E.
4.
before
remembred
,
setteth
downe
the
reason
,
noting
these
wordes
of
this
statute
(
in
curia
Romana
vel
alibi
)
In
which
wordes
(
alibi
)
sayeth
that
booke
,
is
intended
the
Courtes
of
Bb.
So
that
if
a
man
be
excommunicate
in
any
of
their
Courts
for
a
thing
which
apperteyneth
to
the
Royal
Maiest
.
that
is
to
say
(
sayeth
that
booke
)
in
a
matter
of
the
common
lawe
,
the
partie
excommunicate
shall
haue
a
premunire
facias
,
and
so
was
it
adjudged
.
In
whiche
wordes
among
other
,
is
speciallie
to
be
noted
,
that
when
so
euer
a
wrong
or
injurie
is
offered
to
the
common
lawe
of
this
lande
,
there
the
Kinge
is
saide
to
be
touched
,
and
his
Royall
Maiestie
impeached
.
For
accordinge
to
the
Princelie
speach
of
that
most
Noble
King
Ed.
3.
in
the
statute
of
Prouision
made
in
the
38.
yeare
of
his
raigne
,
the
Kinges
Regalitie
chieflie
consisteth
in
this
,
To
susteine
his
people
in
peace
and
tranquillitie
,
and
to
gouerne
them
according
to
the
lawes
,
vsages
,
and
franchises
of
this
Lande
,
wherevnto
he
is
bounde
by
his
sacred
oath
made
at
his
Coronation
.
If
then
by
vsurping
cognizance
of
plea
,
in
causes
concerning
the
common
lawe
,
and
the
jurisdiction
of
the
Kinges
Courtes
,
the
Ecclesiasticall
Iudges
touch
the
King
in
Capite
,
doe
against
him
,
his
Crown
,
Regalitie
&
Realme
,
&
so
consequentlie
incurre
the
forfeiture
&
penalties
of
Premunire
:
Howe
much
more
doe
they
touch
the
King
,
nay
rather
lay
violent
handes
on
him
,
&
impugne
his
Royall
Throne
and
Scepter
,
who
contrarie
to
the
Pollicie
,
Iustice
,
Lawes
,
Customes
,
and
Freedomes
of
this
Kingdome
,
yea
the
lawe
of
God
it selfe
,
enforce
&
constraine
by
censure
of
excommunication
&
otherwise
,
the
Kings
people
to
appeare
before
them
,
and
extort
from
them
an
oath
to
accuse
them selues
.
And
for
more
plaine
demonstration
(
if
plainer
may
be
)
put
the
case
that
a
Iudge
,
Iustice
,
or
Commissioner
,
authorised
by
the
Kinge
to
execute
justice
according
to
the
lawes
of
this
Realme
,
should
take
vpon
him
by
colour
of
his
office
and
authoritie
to
conuent
the
Kings
people
before
him
,
and
vppon
their
apparaunce
to
offer
vnto
them
this
general
oath
to
aunswere
vnto
all
such
questions
as
him selfe
should
propounde
,
playing
in
causes
criminall
the
part
both
of
accusor
and
Iudge
,
or
seekinge
by
oath
and
captious
Interrogatories
,
matter
of
accusation
,
wherevppon
to
proceede
to
condemnation
,
and
to
commit
the
partie
refusing
such
oath
,
to
streight
prison
without
bayse
or
mainprise
,
could
any
man
justifie
this
his
doing
to
stande
with
lawe
or
justice
?
Nay
rather
,
might
not
euerie
man
justlie
cry
out
against
him
,
as
against
a
subuerter
of
lawe
and
judgement
,
and
a
hatefull
enimie
to
our
pollicie
&
common
wealth
,
yea
should
not
that
bee
verified
of
him
,
which
is
recorded
in
the
judgement
against
Sir
William
Thorp
,
sometime
chiefe
Iustice
of
Englande
,
for
his
corrupt
dealing
,
which
is
,
that
as
muche
as
in
him
laye
,
he
had
broken
the
oath
which
the
King
is
bounde
to
keepe
towardes
his
people
.
If
all
this
may
truelie
be
affirmed
of
such
a
one
,
howe
then
shall
the
Ecclesiasticall
Iudges
,
practizing
in
their
Courtes
and
Tribunal
Seates
,
the
self-same
vnjust
and
vnlawfull
manner
of
proceeding
against
the
Kings
people
,
escape
the
seuere
sentence
of
law
,
pronouncing
them
offensiue
touchers
,
and
violaters
of
the
King
,
and
injurious
dealers
against
his
Regalitie
,
Crown
and
Kingdome
,
&
so
consequentlie
worthie
to
suffer
the
paines
and
penalties
declared
in
this
statute
of
Premunire
.
That
this
is
no
newe
opinion
or
construction
,
wee
finde
the
resolution
of
that
learned
man
Saint
Germaine
,
in
his
booke
of
Doctor
and
Student
well
agreeing
,
where
he
writeth
in
this
maner
:
Jf
any
man
bee
excommunicate
in
the
spirituall
Court
for
debt
,
trespas
,
or
such
other
thing
,
as
belongeth
to
the
Kings
Crowne
and
to
his
Royall
dignitie
,
there
he
ought
to
be
assoyled
without
making
any
satisfaction
,
for
they
not
onelie
offended
the
partie
,
in
calling
him
to
aunswere
before
them
of
such
things
as
belong
to
the
law
of
the
Realme
,
but
also
the
King
,
who
by
reason
of
such
suites
,
looseth
a
great
aduantage
,
which
he
might
haue
of
the
writs
,
originalles
,
judicialls
,
fines
,
amerciamentes
,
and
such
other
thangs
,
if
the
suites
had
bene
in
his
Courtes
accordinge
to
his
lawes
.
Hee
sheweth
further
,
That
if
the
Ecclesiasticall
Iudges
will
not
make
the
partie
his
letters
of
absolution
where
hee
ought
,
the
partie
shall
haue
his
action
against
him
.
Hee
affirmeth
also
,
The
Lawe
to
bee
according
where
a
man
is
accursed
(
he
meaneth
excommunicate
)
for
a
thinge
that
the
Judge
had
no
power
to
accurse
him
in
,
notwithstandinge
that
he
may
haue
his
suite
of
premunire
facias
.
Againe
we
reade
howe
the
late
Cardinall
Woolsey
,
the
Popes
Legate
here
in
Englande
,
erected
a
newe
Court
or
Consistorie
called
The
Court
of
the
Legate
,
in
which
he
tooke
vppon
him
to
proue
Testamentes
,
and
to
heare
and
determine
causes
in
prejudice
of
the
jurisdiction
Ecclesiasticall
of
this
Realme
.
And
howe
by
his
vsurped
power
Legatiue
,
he
gaue
and
bestowed
benefices
by
preuention
,
to
the
disinheritance
of
the
Kings
subjectes
,
and
vifiting
the
state
Ecclesiasticall
,
vnder
coulor
of
reformation
,
gained
to
him selfe
exceeding
great
treasure
.
But
this
loftie
height
of
vnlawfull
authoritie
,
weake
and
feeble
in
foundation
,
could
not
long
continue
,
For
in
the
one
and
twentieth
yeare
of
the
reigne
of
King
Henrie
the
eight
,
this
proude
prieste
with
all
his
glorious
pompe
and
glittering
shewe
of
all
his
Crosses
,
Siluer
Pillers
,
guylt
Axes
,
imbrodered
Cloakbagges
,
and
purple
Hattes
,
was
attainted
by
his
owne
confession
,
in
a
Premunire
,
and
the
next
yeare
following
,
all
the
Lordes
spirituall
,
hauinge
deserued
the
same
paines
and
punishmentes
for
their
vnjust
maintenaunce
and
supportation
,
were
called
to
aunswere
in
the
Kinges
Benche
,
and
knowing
them selues
guiltie
,
before
their
day
of
appearaunce
,
exhibited
to
the
Kinge
their
humble
submission
,
joyninge
therevnto
an
offer
of
a
100000.
pounde
,
to
purchase
their
peace
,
whiche
after
much
suite
,
the
King
accepted
,
and
by
Parliament
gaue
them
a
pardon
.
If
then
this
Romish
Legate
,
for
assuming
to
him selfe
jurisdiction
by
authoritie
Papall
,
in
prejudice
not
of
the
Kinges
Courtes
,
but
of
the
Courtes
Ecclesiasticall
(
neuerthelesse
to
the
hurt
of
the
Royall
Maiestie
)
and
for
disturbaunce
of
the
rightes
and
inheritaunce
of
the
Kinges
subjectes
,
fell
into
the
daunger
and
penaltie
of
Premunire
,
and
all
the
Bishops
and
Ordinaries
of
this
Realme
likewise
,
through
their
maintayning
onelie
and
supporting
the
same
,
may
we
not
safelie
conclude
that
the
Bishops
and
Ordinaries
in
these
dayes
vsurping
power
and
jurisdiction
in
like
sorte
and
maner
(
although
not
in
the
same
particulars
)
by
coulor
of
Antichristian
decrees
,
or
practizing
those
popishe
Cannons
,
the
verie
head
of
that
hellishe
Cerberus
of
Rome
(
as
a
learned
man
well
termed
them
)
and
the
sinewes
of
his
tyrannicall
authoritie
,
repugnant
to
the
Royall
Maiestie
and
Pollicie
of
this
Realme
,
that
is
to
say
,
forcing
vnjustlie
the
people
of
this
lande
,
to
such
vnlawfull
oathes
and
examinations
as
are
before
remembred
(
injuriouslie
touching
thereby
the
Prince
in
her
Regalitie
,
and
her
people
in
their
lawfull
libertie
wherevnto
they
are
inheritable
,
matters
of
more
waight
and
moment
,
then
the
hinderaunce
of
the
Bish.
jurisdiction
or
losse
of
a
presentment
to
a
benefice
)
doe
incurre
the
penalties
and
forfaitures
limited
by
the
foresaide
statute
of
Premunire
.
If
any
man
neuerthelesse
vrge
and
contende
,
that
these
thinges
are
justifiable
by
force
of
the
Popes
testament
(
the
Cannon
and
Pontificall
lawe
I
meane
)
of
long
time
practized
,
Martin
Luther
,
For
where
this
your
graces
Realme
recognizinge
no
superiour
vnder
God
but
onelie
your
Grace
,
hath
bene
and
is
free
from
subiection
to
any
mans
lawes
,
but
onelie
to
such
as
haue
bene
deuised
,
made
and
ordeyned
within
this
Realme
,
for
the
wealth
of
the
same
,
or
to
such
other
as
by
sufferaunce
of
your
Grace
,
and
your
Progenitors
,
the
people
of
this
your
Realme
haue
taken
at
their
free
libertie
,
by
their
owne
consent
,
to
bee
vsed
among
them
,
and
haue
bounde
them selues
by
long
vse
and
custome
,
to
the
obseruaunce
of
the
same
,
not
as
to
the
obseruaunce
of
the
lawes
of
any
forreine
Prince
,
Potentate
,
or
Prelate
,
but
as
to
the
accustomed
and
auncient
lawes
of
this
Realme
,
originallie
established
as
lawes
of
the
same
,
by
the
saide
sufferaunce
,
consentes
,
and
custome
,
and
not
otherwise
,
&c.
So
to
proue
any
forreine
made
lawe
allowable
within
this
Realme
,
there
must
concurre
Tolleration
by
the
Kinge
,
voluntarie
acceptaunce
of
his
people
,
and
a
long
and
a
large
time
of
vsage
.
None
of
which
can
be
auerred
in
these
maner
of
oathes
and
examinations
.
For
firste
it
may
not
be
saide
that
the
King
suffereth
that
whithe
he
expreslie
forbiddeth
by
his
writtes
and
processe
,
as
offensiue
to
his
Crowne
and
Regalitie
.
Neyther
can
his
people
bee
saide
to
haue
giuen
voluntarie
consent
thereto
,
hauing
alwayes
repyned
and
often
complayned
and
cryed
out
against
it
,
as
a
thing
intollerable
and
injurious
to
their
lawfull
libertie
,
the
custome
pretended
,
being
euer
impugned
(
and
that
justlie
)
can
create
no
lawefull
prescription
,
nor
stande
for
an
auncient
lawe
of
this
Realme
,
but
being
against
both
lawe
and
reason
,
it
is
nothing
els
but
an
inveterate
error
or
disorder
.
If
defence
be
sought
by
any
Canon
or
Constitution
,
And
considering
also
that
in
the
same
Parliament
by
their
full
consent
,
it
is
enacted
and
prouided
,
That
no
Canons
,
Constitutions
,
or
Ordinaunces
,
should
be
made
or
put
in
execution
within
this
Realme
,
by
the
authoritie
of
the
conuocation
of
the
Cleargie
,
which
should
be
contratiant
or
repugnaunt
to
the
Kinges
Prerogatiue
Royall
or
the
customes
,
lawes
,
or
statutes
of
this
Realme
,
nor
to
the
dammage
or
hurt
of
the
Kinges
Prerogatiue
Royall
,
should
still
be
vsed
and
executed
vntill
,
&c.
But
notwithstanding
all
those
prouident
and
politique
lawes
and
statutes
thus
for
the
good
of
the
common
wealth
wiselie
established
in
the
great
Assemblie
of
the
Realme
,
and
notwithstandinge
also
those
solemne
promises
and
protestations
made
as
aforesaide
,
&
although
in
the
12.
yeare
of
the
reigne
of
King
Henrie
the
thirde
,
there
was
a
most
seuere
sentence
of
curse
and
anathematization
denounced
in
the
presence
of
the
King
,
and
the
Nobles
of
this
Kingdome
by
Boniface
,
then
Archbishop
of
Canterburie
,
and
manie
other
Bishoppes
,
apparelled
in
their
Pontificalibus
,
against
all
such
as
thereafter
should
willinglie
,
and
maliciouslie
,
by
any
craft
or
engine
,
violate
,
infringe
,
diminishe
,
or
chaunge
secretlie
or
publiquelie
,
by
deede
,
worde
,
or
counsell
,
any
of
the
free
customes
of
this
Kingdome
,
and
especiallie
those
conteyned
in
the
saide
great
Charter
,
yet
the
vnbrideled
Cleargie
men
in
the
Papisticall
time
,
nothing
regarding
the
good
estate
of
this
our
pollicie
,
neyther
yet
terrified
by
their
owne
cursing
censures
,
and
execrations
,
nor
by
the
seuere
lawes
of
Premunire
,
most
impudentlie
(
to
satisfie
their
owne
licentious
and
lordlie
lustes
)
haue
from
time
to
time
ascited
&
sommoned
by
their
lawlesse
processe
,
and
arrested
and
attached
by
their
malapart
apparitours
,
messengers
,
and
purseuauntes
,
the
free
people
of
this
Realme
,
by
violence
drawing
them
not
onelie
into
their
publique
Courtes
and
Consistories
,
but
priuatelie
also
into
secrete
corners
and
priuie
chambers
,
forcinge
them
there
with
roughe
and
rigorous
termes
of
disgrace
and
reproache
,
vpon
euerie
bare
surmise
,
and
vncertaine
rumor
,
to
take
a
corporall
oath
to
bee
examined
vppon
articles
captious
and
deceitfull
,
seekinge
thereby
most
vncharitablie
for
matters
of
accusation
.
Against
whom
if
anie
man
durst
(
standing
vppon
termes
of
his
lawfull
libertie
)
but
a
little
repine
and
refuse
to
sweare
,
streightway
he
must
bee
committed
to
prison
,
without
baile
or
mainprise
,
there
to
abide
paine
fort
et
dure
,
depriuinge
men
of
that
which
is
more
pretious
then
life
it selfe
,
and
as
it
is
saide
in
the
ciuill
lawe
,
a
Iewell
inestimable
,
libertie
I
meane
,
more
to
be
fauoured
,
then
any
thing
,
as
the
same
lawe
speaketh
,
tyrannizing
in
such
cruell
manner
ouer
the
poore
and
miserable
people
,
in
their
vile
and
filthie
Cole-houses
,
murthering
Towers
and
Turrettes
,
and
in
their
darke
and
deadlie
Dungeons
,
as
no
tongue
or
penne
is
sufficient
to
expresse
.
And
whereas
the
prisons
of
this
Realme
were
ordeyned
either
for
the
punishment
of
such
as
are
by
due
course
of
lawe
condemned
,
or
for
restraint
of
persons
suspected
,
not
bayleable
for
a
time
conuenient
of
examination
and
judiciall
proceeding
.
Those
mercilesse
Magistrates
voyde
of
all
pitie
and
compassion
,
after
their
suddaine
and
raginge
commitments
for
the
most
parte
proceeded
not
to
full
examination
and
sentence
,
but
after
long
and
miserable
imprisonment
,
in
so
much
as
it
was
thought
a
great
fauour
,
if
after
one
yeares
grieuous
and
streight
imprisonment
,
the
poore
distressed
partie
were
called
foroth
to
aunswere
.
At
the
time
of
which
sitting
in
their
tribunall
Seate
(
howe
gloriouslie
soeuer
they
paint
out
their
sentences
,
to
haue
God
and
Iustice
in
their
sight
)
these
men
,
or
rather
monsters
,
coueting
more
the
destruction
of
mankinde
,
then
any
amendement
or
reformation
of
maners
,
fedde
with
delight
their
fierce
and
cruel
mindes
,
with
the
pitiefull
sight
of
pyned
,
sicklie
,
and
wretched
creatures
,
they
them selues
in
the
meane
time
being
fatt
and
well
fedde
.
And
although
the
heathen
Emperours
,
Claudius
Caligula
,
&c.
who
tooke
delight
to
be
present
at
the
bloudie
tortures
&
executions
of
their
subjectes
,
&
to
heare
their
pitifull
groanes
and
grieuous
sighes
(
commaunding
th'
executioners
so
to
strike
,
as
the
condemned
might
feele
himselfe
to
die
)
may
worthilie
bee
termed
fierce
,
cruell
and
barbarous
,
accordinge
to
that
sayinge
:
Qui
fruitur
poena
serus
est
,
yet
the
extreeme
crueltie
of
those
men
which
termed
them selues
Catholiques
,
and
would
be
accompted
true
Christians
,
was
more
horrible
&
detestable
a
great
deale
.
In
so
much
as
they
by
lingring
tormentes
of
long
and
painfull
imprisonment
,
exceeded
the
leysure
vsed
by
the
other
in
the
time
of
execution
,
taking
from
Death
his
due
title
of
King
of
terrors
,
and
making
him
a
welcome
friende
,
that
endes
so
manie
miseries
.
Adde
herevnto
that
the
tyrannie
of
those
heathen
men
,
as
fullie
satisfied
,
ceased
with
the
life
of
the
tormented
,
but
the
crueltie
and
furie
of
those
Catholiques
,
as
neuer
wearied
,
condemned
and
put
to
fire
the
dead
bodies
of
those
whom
they
before
moste
treacherouslie
had
sline
and
murdered
.
But
as
these
good
Pastors
,
or
rather
deuouring
Wolues
,
were
in
this
inexcusable
manner
most
cruell
against
Christes
deare
seruauntes
,
so
againe
in
some
other
thinges
they
were
as
vaine
and
ridiculous
.
For
in
this
matter
of
an
oath
,
they
haue
deuised
(
according
to
their
toying
fantasie
)
a
certaine
foolishe
figuratiue
ceremonie
in
the
ministringe
thereof
.
For
the
deponent
forsooth
,
must
laye
his
three
middle
fingers
stretched
out
right
vppon
the
booke
,
in
signification
of
the
holie
trinitie
and
Catholique
faith
,
and
his
thuinbe
and
little
finger
hee
must
put
downe-wardes
vnder
the
booke
,
in
token
of
damnation
,
both
of
bodie
and
soule
,
if
hoe
say
not
the
trueth
:
the
thumbe
belike
,
as
the
greater
,
representing
the
heauie
masse
of
the
bodie
,
and
the
little
finger
,
the
light
and
incorporeall
substaunce
of
the
soule
.
Howe
superstitious
also
they
were
concerning
this
ceremonie
of
the
booke
(
little
regardinge
the
true
vse
and
ende
of
an
oath
)
as
appeareth
by
the
Allegoricall
exposition
curiouslie
set
forth
by
one
of
their
parsonate
and
counterfeite
Prelates
,
who
sayth
,
That
the
circumstances
in
the
acte
of
an
Oath
,
are
verie
great
and
waightie
,
inasmuch
as
hee
that
sweareth
by
a
booke
,
doeth
three
things
.
First
,
as
though
hee
should
saye
,
Let
that
which
is
written
in
the
booke
,
neuer
doe
me
good
,
neyther
the
newe
nor
the
olde
Lawe
if
I
lye
in
this
mine
oathe
.
Secondlie
,
hee
putteth
his
hande
vppon
the
booke
,
as
though
hee
should
say
:
Nor
the
good
worke
whiche
I
haue
done
profite
mee
ought
before
the
face
of
Christe
,
except
I
saye
the
trueth
,
which
is
founded
in
Christe
.
Thirdlie
,
he
kisseth
the
booke
,
as
though
he
should
say
,
Let
neuer
the
prayers
and
petitions
which
by
my
mouth
I
haue
vttered
,
auayle
me
any
thing
to
my
soules
health
,
if
I
saye
not
truelie
in
this
mine
oath
.
Yet
you
must
take
this
I
suppose
,
as
meant
onelie
by
this
reuerend
father
,
where
lay
men
,
or
the
baser
sorte
of
the
Cleargie
,
take
an
oath
.
For
that
blessed
Bonner
,
not
longe
since
hath
taught
,
as
this
tricke
of
their
lawe
,
as
he
termed
it
,
that
a
Bishop
may
sweare
(
such
is
his
priuiledge
)
inspectis
Euangelijs
&
non
tactis
,
bare
sight
of
the
booke
without
touche
or
kisse
,
will
well
ynough
serue
his
Lordshippes
turne
.
Againe
,
the
imposing
of
oathes
vpon
the
rotten
bones
,
ragges
and
reliques
of
their
canonized
and
counterfeit
saints
,
and
vpon
the
Image
of
the
Crucifige
,
is
both
foolishe
and
idolatrous
.
But
to
conclude
,
leauing
these
vnjust
and
lawlesse
men
with
their
bad
practises
&
fonde
inventions
,
I
doubt
not
,
by
these
fewe
,
yet
effectuall
proofes
and
authorities
,
it
doeth
manifestlie
appeare
vnto
all
men
of
vpright
and
sounde
judgement
,
That
aswell
the
imposinge
as
the
taking
of
these
generall
oathes
,
is
a
prophane
abusinge
of
the
holy
Name
of
God
.
That
the
exacting
of
Oathes
ex
officio
,
is
a
great
indignitie
to
the
Crowne
and
Scepter
of
this
Kingdome
,
and
a
wrong
and
injurie
to
the
freedome
and
libertie
of
the
subjectes
thereof
.
That
the
same
is
not
necessarie
or
profitable
to
the
Church
and
common
Wealth
,
but
hurtfull
to
them
both
,
brought
in
onely
by
the
practize
of
the
Popishe
cleargie
,
to
the
prejudice
of
the
publique
peace
and
tranquillitie
of
this
Realme
,
and
that
the
same
neuer
had
any
good
allowaunce
by
anie
lawe
,
custome
,
ordinaunce
or
stature
of
this
Kingdome
,
neyther
yet
put
in
vre
or
vse
by
any
ciuill
Magistrate
of
this
Lande
,
but
as
it
corruptlie
crept
in
among
manie
other
abuses
,
by
the
sinister
practize
and
pretences
of
the
Romish
Prelates
and
Celargie-men
,
so
this
their
vnlawfull
dealing
hath
bene
from
time
to
time
by
lawfull
and
just
Authoritie
impugned
and
restreined
.
FINIS
.