THE indeuours of such disturbers as haue bene the chiefest staies of a further propagation of the Gospell , and the onely staines of her Maiesties happie reformation ; haue rested most , in aduancing a new found discipline , & in discrediting the present gouernement Ecclesiasticall , by their speeches and writings . The later whereof they haue gone about ; as well by impugning the callings and forme of gouernement Ecclesiasticall , ( as if they were contrary to Gods word ) as also by defacing the persons of the Gouernours , with vnchristian gibes , contumelies , and other indignities .

But these succeeding not to their wish , nor sorting to that effect they purposed ; sundry of them haue entred into , & pursued a more politike course . for by themselues & others ( more simple ) excited cunningly by them , they chalenge diuers receiued proceedings in Courts Ecclesiasticall , not to bee iustifiable by lawe : pretending now their especiall griefe to rest herein ; for that they are delt with and oppressed contrary to law , euen as if they did carie a principall and zealous care to haue all her Maiesties lawes dulie obserued .

By whose frequent clamours , some very graue , wise and learned ( no way affected to their other fansies ) either not being well informed of proceedings Ecclesiasticall , or not weying ( for want of leisure ) certain points seeming to bee doubtfully reported in the bookes of Common lawe , so throughly as their great learning therein doeth affoord : in a kind of commiseration ( for so I interprete it ) towards some of those who seeme distressed , and to be otherwise well meaning men ; haue lately called into question diuers proceedings Ecclesiastical , both for matter , and for circumstance or maner ; that they are contrary to the lawes of this Realme .

Yet all of them doe not iumpe in the selfe same opinions hereafter touched . For they are seuerally holden by seuerall men ; the most whereof , are stood in by men of meanest place and reckoning in that studie ; and such as are knowen to bee ouermuch addicted to factious innouations . But all the chalenges whatsoeuer ( for contrarietie vnto the lawes of the realme only , so farre foorth as they are hitherto commen to knowledge ) may fitly be reduced into this order & summe . They tende to the chalenging of proceedings Ecclesiasticall , done either by those who proceed by her Maiesties immediate Commission , who are either Iudges delegates ( dealing in matters onely betwixt partie and partie brought before them by appellation ) or Commissioners in causes Ecclesiasticall ( seruing especially for punishing of crimes & offences ) or els such as be executed by those , who deale in ordinary iurisdiction .

The exceptions that touch the very matter and obiect of Ecclesiasticall iurisdiction , do in very deed by necessarie consequence tend , either to the whole taking away of the Ordinarie iurisdiction ( as where it is affirmed , that no Canon , constitution , nor ordinance prouinciall whatsoeuer , may now be put in vre , without her Maiesties expresse assent first had to execute the same : ) or els do reach to the taking of it away but in part .

Those opinions that tend to the abridging of it but in some part ; doe goe about it partly by way of excluding Ecclesiasticall Iudges , from the handling of certeine matters ; ( as by holding , that none Ordinarie may cite any whomesoeuer , but in causes Testamentarie and Matrimoniall : and that no Lay man ought to be cited or summoned to appeare before any Iudge Ecclesiasticall , to take an oath in any other cause , then Testamentarie or Matrimoniall : ) And partly by deriuing them from the conisance Ecclesiasticall vnto other Courts : ( as that the iudgement of heresie now lieth rather in the Common law , then in the law Ecclesiasticall : ) and some other of them ( being defended by the same men that holde the next precedent opinion ) doe tend both to the excluding of Courts Ecclesiasticall , and to the diuerting of such causes another way , as that nothing now can be adiudged heresie , but according to the statute , 1. Eliz. cap. 1.

As for the exceptions ( pretended to be taken from the lawes of the Realme ) against the circumstances , or maner of proceeding in courts Ecclesiasticall , they do either concerne such points as goe afore , and are preparatories to the suite ( & such is this : that , the Queenes Maiestie cannot giue , nor any man receiue authoritie , to vse any other processe in matters Ecclesiasticall , then by citation : ) Or do touch the maner of entring into the suite , as that an Ecclesiasticall Court may not proceed without accusation or presentment , and that Lay men may not be cited ex officio , in any cause but Testamentarie or Matrimoniall : Or they concerne the maner of handling , and proceeding in the suite , as that , If a matter be duely presented against a man , he may not be examined vpon his oath : whereunto some ( belike meaning to qualifie and distinguish it ) do adde this , viz. in a matter of incontinencie or such cause : and that , no man is bound to declare any matter against another , except some be an accuser : Or do concerne the sentence or iudgement of the Court Ecclesiasticall , as that by none Ecclesiasticall authoritie , a man may be depriued of his benefice being his freeholde , being not endited , and no suite of partie offered against him : Or els doe touch the execution of the iudgement : as that the Q. Maiestie cannot giue , nor any man may take authority of her , to vse any coërtion for any matter Ecclesiasticall , but excommunications & such like : and that therefore a man may not be punished by imprisonment or fine , for or in any matter Ecclesiasticall : and lastly , that a man that standeth aboue fortie dayes excommunicate , may no way be punished , but vpon the writ De excommunicato capiendo : and that the said writ may not be awarded , but vpon originall cause arising vpon some of the ten crimes touched in the stat. 5. El. c. 23.

But others that be indeed professed dealers for an innouation in the Church ( when they are conuented before authority ) not only do most greedily take hold of these exceptions pretended to be taken from the Common law against iurisdiction Ecclesiasticall ; but do allege also sundry others , yet pretending to ground themselues for both , not alonely vpon the lawes of the realme ( as those do , of whom we hitherto haue spoken ) but vpon Gods law also , the Ciuill , the Canon , or Ecclesiasticall law , and vpon equitie and reason . Not because they were persuaded by the pregnancy of any of these so to thinke , but hauing embarked themselues in that common quarrell , viz. to impugne the gouernment Ecclesiasticall of this Realme , in all things to their vtmost : haue first ( as is probable ) entred into the opinions ; and after haue sought some colour to vernish them ouer with , wheresoeuer they could hit of it . Which their exceptions peculiarly framed by the professed Innouatours , and their owne proofs both for them , and for these also afore recited , ( which were put into their heads by some Lawyers ) shall ( God willing ) then be distributed & layd forth , when we come to the handling of them , because other parts of this Treatise are more apt for that purpose , then this generall Preface .

These opinions of late ringing sundry times in mine eares , and seeming to me to be diuersly mistaken ; I called to memorie ( so nere as I could ) what , and where I had read any thing touching them . Whereupon turning some books , and confusedly noting what I found , I was more and more confirmed in my former conceits , sufficient for mine owne persuasion .

Now because you pretend not to haue trauelled in these kinde of questions , & haue so earnestly importuned me to take some paines therein : I haue bin content for your owne onely priuate reading & satisfaction , to plot my simple conceits into this order as you see . For owing very much vnto you , & therefore not daring to deny you so small a matter , I haue ( with the litle leasure I could get ) hazarded rather to haue want of iudgement in me , then lacke of good will , by you to be censured . Meaning in the first part of this Treatise to pursue the particular order heere aboue comprised : sauing that those foure recited opinions which touch the circumstances of entring into a suite Ecclesiasticall , and the maner of proceeding in it , I shall be forced ( contrarie to the naturall methode ) to put after all the others , as requiring seuerall handling , and falling more fit in the second and third partes of this Treatise .

I will omit that this reason concludeth not necessarily , being ex meris particularibus : because it might bee , that though sundry othes by those three Lawes were in deede of such forme ; neuerthelesse other there may be also farre different ; and yet both sorts allowable .

But for answere I say , that the Assumption , or second proposition ( which must be vnderstoode ) is by the Treatiser not once mentioned , much lesse vndertaken to be proued , but is taken vp by him as graunted , which in trueth is flatly by vs denied . For it shall bee prooued ( God willing ) that there is no such contrarietie as is by him surmised , no nor great diuersitie betwixt the othes there ministred , and those , which Scripture mentioneth , or Common Lawe practiseth .

Now touching the last point of the three : Hee maketh it as a sufficient answere vnto obiections that may be made , for assertion of such othes as hee impugneth : if hee can but note any difference betwixt the things resembled together : though such diuersitie bee not in the point , for which the comparison is made : no , nor in any other point , that is materiall . As for example . If a man affirme , that Christes second comming may bee compared to the comming of a thiefe in the night , meaning for the secresie thereof , and want of expectation ; should hee well confute this comparison , that woulde thus say : No Sir , that is vntrue , for there is a great diuersitie betwixt their commings : because Christ commeth to deale iustly , but a thiefe to doe vniustly ? But to come neerer home : If I did argue thus , viz. The receiued vse of the Starre-Chamber to deny men counsell , when they answere to Interrogatories , is not against the Rules of Iustice ; therefore no cause is there , why the like approoued vse in the Chauncerie , should be counted against Iustice : I pray ye , should he reason soundly against it , that would answere it in this sort : Oh Sir , there is a great diuersitie betwixt those two Courtes : for the one proceedeth Criminallie , to inflict penalties for the Queene , the other but Ciuillie for priuate amendes in equitie , vnto the partie ? Or if hee shoulde answere thus : The Lordes of the Counsell bee Iudges in the one , but not so in the other ? Considering , that in all things ( being not the same ) there is diuersitie ; and yet a reason of comparison is concludent ; if there be no difference in the point , for which it is brought .

If then the whole substance of that Treatise shall bee founde vpon discussing , to labour of some of those three infirmities ; so that ( as himselfe affirmeth in the winding vp of all ) he might truely say hee hath vsed but fewe proofes : I could therefore haue wished , that hee had not shewed himselfe as Suffenus sibiipsi , by setting the Garland vpon his owne head , before the victorie ; where hee telleth vs , that albeit his proofes by him brought be fewe , yet ( saith he ) they are effectuall . And thus much for the matter of that Treatise .

Now let vs here also consider the maner of penning , and the briefe of the rest of his vnnecessarie wordes , which are wholly besides the matter . For the enditing , surely I doe esteeme it ( for my part ) to be a very commendable , easie , and flowing ( if not ouerflowing ) stile . Yet if I may be pardoned to speake freely , that which I thinke , truely it runneth altogether vpon an haughtie , comptrolling , contemptuous , disdainefull , and salte minerall veyne , as may appeare by a taste of some particulars , not vnfitte to bee opened ; which for order sake , I will contriue into these fiue seuerall heades : viz. 1. Of his discourteous and opprobrious termes vsed against sundrye particular persons and callings : 2. His couert reproching and wounding of all Ecclesiasticall Iudges through the sides of Papists , for their raging against Subiects , and treacherie to their Soueraignes , in former times : 3. His reuiling the proceedings Ecclesiasticall , which he there impugneth : 4. His vntrue imputations and slander of these proceedings : And lastly , the pretended impieties supposed thereby to be committed , with the dangers and penalties , that hee chargeth all such to haue incurred , which haue bene dealers in such practise of Ecclesiasticall Iurisdiction .

For the first of these : as where hee termeth all that practise that part of Ecclesiasticall Iurisdiction ( whether Ordinaries or Commissioners ) by the names of Inquisitors , rough and rigorous exactors , and offensiue butchers : Chargeth them to cloake and shadowe foule matters vnder glorious and painted glosses , beautifull shewes , and fained pretenses : that of their Iudiciall Courtes and Consistories , this saying of the Poet is verified , viz.

Victa iacet pietas , & tergo caede madentes

Vltima coelestûm terras Astraea reliquit : As if they had there murdered or vnlawfully put some to death .

Where hee also saith , that Ordinaries challenge or assume to themselues the goodly name and title of Spirituall men : that they are men to whome the sauour of gaine is sweete , and therefore sayeth of them , Auro loquente tacendum est .

Those Doctors also which by commandement do ( as afore ) seeke to iustifie the course that he oppugneth , he calleth ( thorowe contempt ) English Doctours : a terme vsually sastened but vpon such , as beare the name of learned , and yet besides English ( their mother tongue ) perhappes vnderstand none other language at all : yet the meanest of such Doctors can tell , that a Publican differeth from a Collectour , and that regula Iuris signifieth not an example or precedent , at both which he stumbleth . He pleasantly also ( like a Sennor Soldado ) sorteth nine of them by rankes , into more then two quaternions , as the souldiers which kept S. Peter were sorted : as if through their basenesse , a quaternion of them were not woorthie to be laid in ballance with a messe of such as himselfe is ; or as though in a braue resolution of his owne single valour , he valued them by dozzens together , and durst encounter them all at once , like as the single Spaniard doth , with so many naked and contemptible Barbarians .

He termeth them also ( in scorne ) Learned Canonists : as if he would insinuate , that the litle skill they haue , were in the Canon lawe onely , which he nameth the Popes Testament : and as if their degrees of schooles were taken in that profession . Whereas it is well knowen , that their profession and degree , is in the Ciuill lawes : a lawe being ( for the equitie and wisedome thereof ) by the space of sundrie quaternions of hundreths of yeeres , the common lawe of all the Ciuill nations of the world saue one . What he esteemeth of it , greatly skilleth not , but Tullie , a man more wise then he , doeth giue it exceeding great commendations . And all the Christian worlde ( sauing ourselues ) are not destitute of reason , for well esteeming and practising of it . For the course of those Doctours education , it hath beene in the liberall sciences , in the languages called learned , and perhaps in such of the vulgar also , as be of any commendable note , and in other sortes of good learning . Wherein if they haue accordingly profited , their employment ( happely ) may bee many wayes ( thereby ) as behoofefull to the seruice of their Countrey , as that which some call learning , is beneficiall and gainefull to themselues .

Likewise the poore Apparitors that serue in Ecclesiasticall Courtes , he calleth them , their hunting Spaniels , malepert Apparitours , Messengers and Pursuiuants : men though in meane place , and but ministeriall qualitie , yet as necessary to be had in those Courtes , as Errand-bailifs be for Temporall .

To come to the second ; may it be denied , that the matters wherewith he reprocheth the Popish prelates , of former times , are bent per obliquum , through their sides to wound all the Reuerend fathers , and others nowe liuing ? who ( for proceeding of Office against some of his darlings ) are fallen as deepely into his indignation . For haue these sharpe biting termes bene bestowed vpon any of their late Predecessours , or vpon them , till of late yeeres , that certaine disordered persons ioyning ( though in other respectes ) with the Papistes , to oppugne this Church , haue bene dealt with in the same course , that Papists are , and were from the beginning of her Maiesties reigne , before these other sprung vp ? If this were not his meaning , for what ende is almost halfe his Treatise spent by way of Inuectiue against the Popish Prelates ? So that ( no doubt ) hee meant to lay vpon the present Iudges Ecclesiasticall the reproches of them , whose steppes hee chargeth them to followe , in that this course of proceeding was ( if wee may trust him vpon his bare worde ) brought in by the practice of the Popish Cleargie : And therefore hee sayeth , that Bishops nowe practice Antichristian decrees , and Popish Canons , the very heades of that Hellish Cerberus of Rome , and the synewes of his tyrannicall authoritie : For else this were but running of riot , and vaine barking against the Moone .

Of this sort are those his other speeches also , viz. that the Papisticall Cleargie most irreligiously practised the same : that they finding it a fitte instrument to mainteine their Romish Hierarchie , and to tyrannize ouer the consciences of good men , most impiously violating the lawes both of God & man , imposed this maner of corrupt oath vpon the people : that they were far more cruell then Claudius or Caligula : mad men , greedie & deuouring Wolues : that they fed ( with delight ) their fierce and cruell mindes : that they tyrannized in cruell maner : that they forced men with rough and rigorous termes of disgrace & reproch : that they were mercilesse magistrates vsing sudden and raging committance : that they promised in verbo sacerdotali , if that be ought worth : and he calleth them vnbridled Clergie men , Pharisaicall Clergie men , vniust & lawlesse men , with their bad practices and fond intentions : mercilesse Ordinaries , with their extraordinarie and lawlesse power : their actions cruell and accursed dealings of Barbarous bloudy bishops , murtherous mindes and intollerable iniquitie of bishops , vsing a Barbarous course of inquisition . He inueigheth also at large , against their hypocrisie & feined holinesse : against their temporall possessions , as the nurses of pride , presumption , and vaine pompe of the world . Truly if this kinde of mislikers , had that litle of temporalties which is still left , how humble they would be may iustly be doubted : but I durst vndertake for them , that they will vse no great pompe in hospitalitie , nor in any thing els , sauing in words . Likewise against their ambition : for he affirmeth , that three Archb. inforced aboue the kings of the land : against vsurping & encroching vpon the kinges iurisdiction by Popish prelates , to bring causes to their costly and lingering consistories : against bringing in ( by them ) of forrein decrees , corrupt canons , and ceremonies of the accursed See of Rome : against their claiming of exemption from taxes imposed by any other whomsoeuer , then by the Popes authority : and against certeine clergie men , that ( in former times ) opposed themselues ( with great obstinacie ) against the paiment of a subsidie : as if lay men had not done ( rebelliously ) as much , as these did obstinately : Against haughtie Hugh bishop of Lincolne , who ( hee saith ) as a lusty champion of that irregular confederacy drew out his woodden dagger of excommunication , against the kinges Iudges : against a bishop of Winchester , who was outlawed for a wilfull murther , and a while refused the iudgement of the kings law : against the Popes collectour who conuented the vicar of Saltash afore himselfe , for breach of an othe giuen for strength of a bond : against the Hospitallers and Templers , who drew the kings subiects into suite , before the conseruatour of their priuileges : And against the proud prelate cardinall Woolseys court legatine ; and both his and Nixe the blinde bishop of Norwich his falling into praemunire , for encroching vpon the kings iurisdiction : Adding also a slie surmise of some other things ( in the times of Poperie ) to haue bene vsed , which he doth but vainely imagine , to be now practised by Commissioners Ecclesiasticall . So that by this tricke of cunning conueyance , he would induce and draw on his affectionate readers to beleeue , the same to be now in all bishops present , which was blame woorthie in any of their predecessours . For his fauourers may not iudge that such a man as he , would wander so farre wide ( as he doth ) from his purpose : belike if these now do but any one action ( though neuer so iustifiable ) which the Papists haue done in times past , they shall carry all the contumelies , which they ( in any other respects ) haue either worthely , or vnworthely deserued . Whether this be a direct Christian course , euery one that is in any place of iustice shall most sincerely discerne ; which will but consider with himselfe , how vnequall he would iudge it to bee , to haue his owne honestie , discretion , loialtie , and religion measured and esteemed of , according to the actions of the worst men that euer afore occupied the same place that he now doeth .

Vnto the third point ( which is reuiling of proceedings Ecclesiasticall ( in this behalfe ) all such speeches of his , as these following doe appertaine : of the whole Canon lawe indistinctlie and generally he speaketh thus : that they be lawes and ordinances contumelious against God , iniurious to Magistrates , and especially established to maintaine Antichristian tyrannie : Of an Oath of purgation , or an oath ministred to answere ( in some cases ) vnto Articles and interrogatories criminall , he saieth , It is against law and reason ; an intollerable error and disorder : a fowle and great abuse : hard and vniust dealing : vndiscreete , vniust , and vnlawfull forcing : offensiue proceeding : vsurped officious power , and licentious pleasure , contrarie to all due course of Iustice : a violent course of iniurious inquisition , examination , and of wrested oaths : a lawlesse proceeding which the Iustice of the land detesteth : that they be vniust oaths , and full of iniquitie : strange oaths & strong purgations , not healthfull but hurtful : poisoning purgations , giuen for preseruatiues : Catholique oaths : a vicious and lawlesse inquisition : and lastly , a prophane , and more then heathenish Inquisition .

The fourth point concerneth his vntrue and slanderous accusations of their proceedings , who be Iudges Ecclesiastical : as where he saieth , that such generall oaths ( viz. as afore hath bene touched , when I spake of the issue mistaken ) are exacted , none accusation , suite , lawfull information , presentment or inditement iudiciallie preceding : that the Ecclesiasticall Commissioners , terme themselues high and supreme Commissioners : that it is exacted by euery ecclesiasticall Iudge to satisfie his iealous suspicion of any crime , to appose by othe , and compell men to their purgation , or vpon euery bare surmise and vncertaine rumour : that by the like reason ( vnto the practise of this othe ) there should bee erected a court of Inquisition , more then Spanish , to sift and ransacke ( by othe ) most secret thoughts : That the Interrogatories vsed by Ecclesiasticall Iudges are not certaine , but doe foolishly wander at the doubtfull will of a slie and subtill apposer : that hauing snared the sillie subiect , they doe either ( against lawe ) enforce him to accuse himselfe of his most secrete thoughts ; or contrarie to Christian charitie , yea humanitie , constraine him to answere against his naturall parents , &c. And that in defence of these abuses , diuers euen of the learned sorte , doe great violence to the Statute , 1. Eliz. cap. 1. wresting the same to a wrong sense : all which are verie calumnious accusations .

The fifth and last point of his lauish and loose speeches ; concerneth the impieties , dangers and penalties , wherewith he chargeth all that haue delt in any such Ecclesiastical cause . As first , that it is a great and prophane abuse of the holie name and maiestie of God : that Gods sacred institution is thereby greatlie peruerted : that it is hurtful to the Church and common weale : that it is a great indignitie to the Crowne : that they vsurpe conisance of pleas : that they doe no lesse-then Thorpe sometime chiefe Iustice did , who ( as much as in him lay ) broke the oath which the king is bound to keepe towardes the people : that they are violaters of the king , and iniurious dealers against his Regalitie , Crowne and kingdome : nay rather laie violent handes on him , impugne his royall throne and scepter contrarie to the policie , Iustice , lawes , customes , and freedomes of this kingdome ; yea contrarie to the lawe of God it selfe : that hereby they impugne the royall prerogatiues vnited to the Crowne , with the breach of their owne oaths ; especiallie if they haue taken the oath for the maintenance of the supremacie royall , whereof hee maketh some doubt ( as it seemeth ) and aduiseth them of this danger , as a 1 1 Scilicet . welwiller : that it is playne extortion and wrong vnto the partie . And lastlie , that they are all offenders , and doe incurre the forfaiture of the penall lawes of Premunire .

Seeing then his wordes of this matter bee so bigge , his termes so biting , his speeches so confident and peremptorie , and his accusations so grieuous : Is there not ( in defence of Iustice and of so many good and great learned men in seuerall professions ) great occasion offered to haue it examined ; whether the force and weight of his reasons will beare out this copious haruest , and hote raging feuer of wordes , or whether these wordes were but vsed because matter wanted ? What weight and moment his reasons are of , is not of this place particularlie to discusse , but shall bee reserued to the seuerall partes of the Discourse following . And I will not striue by bare wordes to returne these of-scowrings of a fowle mouth and a defiled penne vpon him agayne ; further then must needes cleaue fast to himselfe , the Authour of them : when they shall ( by reason ) bee wiped off from the persons charged , and so are to rebound backe , vpon their first owner .

And to giue you an inckling ( in the meane time ) that it is not otherwise like , then to fall out so : It shall not bee amisse , a little to consider how gingerlie sometimes hee treadeth in this matter : and how here and there himselfe minceth and qualifieth the state of the controuersie , as it were waiuing his first issue ; notwithstanding all those his former high lookes and braue termes . For first he granteth , that diuers euen of the learned sort , doe hold , and that verie confidently , ( meaning hereby as I take it , sundrie professors of the Common lawe ) that these proceedings which he impugneth , are warranted by the Statute , 1. Eliz. cap. 1. and can he ( whosoeuer he be for a man ) shewing no more , yet see more herein then so many of the learned sort can , that be of an other iudgement ?

And though he exclaime ( as yee haue heard ) mightilie , that this kind of oath is contrarie , and a stranger to the lawes , Iustice , and policie of this Realme ; yet in the verie closing vp of his treatise , hauing sayd , that it was neuer put in vre or vse by any Ciuill magistrate of this land : by the strength of trueth is forced to adde thereunto this exception : viz. but as it is corruptly crept in amongst other abuses , by the sinister practises and pretenses of the Romish prelates : thereby imploying , that yet it hath bene vsed of long time by the Ciuill policie and magistrates of this Realme : noting them withall , I know not with what other abuses , as being ouerrought , which belike they also shall heare of , as his leisure will permit him , if they please him not in the meane time the better .

Likewise , going about to answere the obiection that may be made , for iustifying of this othe by the like approoued course in the Starre-chamber : he vseth these wordes as a reason of his allowance of such proceeding there : viz. The Starre-chamber requireth an answere to matter in fact , done either to the iniurie of a priuate person , or hurt to the publike State . Then ( by like reason ) if Iudges and Commissioners Ecclesiasticall , shall but require this oath to answere matter in facte ( as in very trueth they doe none otherwise ) done to the hurt of the publike State , then is the cause in controuersie thus farre yeelded vp by him . But can he ( in deed ) thinke it reasonable and iust , to exact such oath for punishment of an iniurie done but to a priuate person in his temporall goods , or such like : and shall it bee in his iudgement vniust and vnreasonable to be exacted for discouerie and restraint of such enormities , which cannot be denied to be preiudiciall both to the state of the Church & Common weale , wherein Iudges Ecclesiasticall most vsually doe practise it ? Vltrà non desidero ; habemus quasi confitentem reum .