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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	act_n	king_n	time_n	1,609	5	3.5743	3	false

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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

partes in judgement that is to be both Actor Reus Accusor and accused whereby the three principall parties by the rule aforesaide faylinge true judgement by no meanes may consist Furthermore by this kinde of oath it can not be truely saide that Innocentes circumuented by fraude or practise are cleared since there is no complaint or accusation judiciallie exhibited Except we shall affirme that the Iudge or Magistrate by enforcing such an oathe doeth him selfe play the patt of a subtil circumventor and accusor which as it is a most wicked sinne in any man so in the person of a publique Magistrate whose actions should be sincere the same is most detestable And finally howe can an ende of controuersie ensue by such an oathe whereas no quarrell or complaint is any way dependinge Nay rather the same is often tymes the cause of stirring vp of debate and contention in steade of former quietnes being principallie vsed not to make an end of controuersies but to procure some accusation and that by the secrete malice of some vndermining or malignant aduersarie or calumniatour 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 demaūded 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 ignorāce 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

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