Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	king_n	law_n	prerogative_n	3,673	5	10.4433	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A07722	A briefe treatise of oathes exacted by ordinaries and ecclesiasticall iudges, to answere generallie to all such articles or interrogatories, as pleaseth them to propound And of their forced and constrained oathes ex officio, wherein is proued that the same are vnlawfull.	Morice, James.	1590 (1590)	STC 18106; ESTC S112894	39,864	66

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may be that some man in the defence of the cause and for allowance of those oathes will alleadge the twise damned and repealed statute made vpon the sinister suggestion of the Cleargie Anno 2.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. The statute against haeresie 2. H. 5. Which bloodie and broyling lawe gaue authoritie to Diocesans to cause the persons defamed or euidentlie suspected of supposed heresie to be arrested and vnder safe custodie to be deteyned in their Prisons till they of the articles laide to their charge did cannonicallie purge them selues or els abjure it according to the lawes of the Church And did appoint the proceeding and determination of the cause against the arrested to be according to the effect of the law and cannonicall decrees For aunswere wherevnto I saye that although the sword by that stature lawe was committed into the handes of madde men and the seelie lambes deliuered ouer to the greedie and deuouring woolues yet doeth it not appeare by any apparaunt or expresse wordes of that law that any authoritie was therby giuen or meant to be giuen to Ordinaries or Iudges Ecclesiasticall to impose any such generall oathe or otherwise to compell by oath the prisonner to become his owne accusor for that and especiallie in cases of life and death had bene directlie against the lawes and justice of this lande But if it bee alleadged that the same was tacite and inclusiue allowed by those wordes of cannonicall sanctions or decrees and that there be any such yet the same decree beeing against the lawes and decrees of God as before is proued that statute was therein no binding lawe neyther gaue sufficient warraunt to put in execution any such corrupt course of proceeding since all lawes and ordinances of man whatsoeuer being repugnaunt to the lawes of God are meerelie voyde and of none effect as the learned Saint Germaine in his booke of Doctor and Student hath wel obserued where he saieth 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 Ca. 14. howe that statute was impetrate obteined I vse the wordes of the lawe by the suggestion of the Cleargie of this Realme not declaring or defininge any certen cases of heresie that those wordes canonicall sanctions or decrees were so generall that vnneth the most expert and best learned men of the Realme diligentlie lying in wayte vpon him selfe could eschewe and auoyd the penaltie and daunger of that act And canonicall sanctions if he should be examined vpon such captious Interrogatories note I pray you as is and hath bene accustomed to bee ministred by the Ordinaries of the Realme in cases where they will suspect any person of heresie 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 31. H. 8. c. 14 as the statute of the repeale thereof speaketh yet finde wee not by that lawe or any other these generall oathes or examinations by oath ex officio of persons suspected or accused for heresie or other cryme Ecclesiasticall 1. Ed. 6. c. 16 to be enacted or allowed of but rather by the courses and fourmes of enquire and triall otherwise prescribed in this and other statutes the same is rejected and disallowed whollie as vnjust and full of iniquitie For by this statute of sixe