man will say as this Archbish that a subject ought not to suppose that his Prelat will coÌ„maund him any vnlawfull thing but should repose him self in the good discretion vpright dealing of his ordinarie without further aunswere Let the subtill practise of this one Prelate and the cruell and the accursed dealinges of that barbarous Bi. Longlande stande at this present for a sufficient caueat to euerie man that shall depose to take heede howe he giue ouer-much credite to such glosinge and deceyuable speaches least too late he finde it true that 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 Iohn Lam bert after he had acknowledged it lawfull at the commaundement of a Iudge to take an oathe to say the trueth wishing the Magistrates neuertheles to minister oathes with great discretion good aduisement and exhorting them to forbeare and spare them in trifling causes and matters of no necessitie least by too much haunt first contempt than perjurie doe creepe in Hee proceedeth further to this effect This haue I shewed saith he because it pitieth me to heare and see the contrarie vsed in some of our Nation and such also as name themselues spirituall men and should be head ministers of the Church who incontinentlie as any man commeth before them anon they call for a booke and doe mooue him to sweare without any futher respite yea and they will charg him by vertu of the contentes of the Euangely to make true relation of all they shal demaunde him he not knowing what they will demaunde neither whether it bee lawfull to shewe them the trueth of their demaunde or no for such things there be that are not lawfull to bee shewed As if I were accused of fornication and none could be founde in mee or if they should require me to sweare to bewraye another that I haue knowen to offende in that vice I suppose it were expedient to holde me still and not to followe their will for it should be contrarie to charitie if I should so assent to bewray them that I neede not and to whom perhaps though I haue knowne them to offende yet trusting of their amendment I haue promised afore to keepe their fault secrete Yea moreouer such Iudges sometimes not knowing by any due proofe that such as haue to doe before them are culpable will enforce them by an oath to detect them selues in opening before them their heartes In this so doing I cannot see that men need to condescend in their requestes for as it is in the lawe 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 coÌ„cerning 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 froÌ„ 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 Canonists Procedere ex officio mero est quando Iudex à seipso ex officio assumit informationes contra delinquentem contra eum procedit hoc est quod dicitur procedere per viam inquisitionis Et recte loquendo inquirere contra aliquem â—ul Cla. in proe crim â— fin 3. quaest vers quaero quibuâ— non est ei transferre Inquisitionem sed recipere testes seu informationes contra eum And moreouer Formare inquisitionem contra aliquem est facere processum informatiuum assumendo informationes iudicia contra eum super alique delicto So that to proceede by inquisition is not to make the partie by oath or examination to bee his owne accusor but to accept and receyue information and witnesses against him 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
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 A briefe treatise of Oathes exacted by Ordinaries and Ecclesiasticall Iudges to aunswere generallie to all such Articles or Interrogarories as pleaseth them to propound And of their forced and constrained Oathes ex officio wherein is proued that the same are vnlawfull FOrasmuch as the matter whereof we meane to intreate is concerning Oathes It will bee verie necessarie for the better vnderstanding thereof firste to consider what an oath is and the nature thereof By whom it was instituted and to what vse end and purpose How many kindes of lawfull oathes there are howe they ought to behaue themselues that eyther require or receyue an oath An Oath therefore as learned Diuines haue defined is a calling or takinge to recorde or witnesse of the sacred Name of God or of God him selfe by the vse of his holie Name for the confirmation of the trueth of such thinges which we speake or for the true performance of our promise Or more brieflie An oath is a confirmation of the will of man by the testimonie of God The same of his owne nature in asmuch as it proceedeth from a right faith is verie good for thereby wee acknowledge all things to bee thoroughlie knowen vnto God and that he is a louer of trueth and a reuenger of perjurie It serueth also to the honor of Almightie God because therby we extoll and magnifie his most holie Name Hebrewes cap. 6. Deuterono cap. 6.13 and consesse the excellencie of his great Majestie for that men sweare by him that is greater It is a part of his diuine seruice and commanded by him And the same is to be vsed onely for the setting forth of the glorie of God and for the profite and benefite of men 〈…〉 thereof was from and by God him self for the helpe and reliefe of our necessitie eyther for the Assurance of such dueties couenauntes contractes promises as we owe or make or to procure faith or credit certaintie of proofe fayling to the trueth which wee affirme That an end of controuersies may be had For as it is written in the same chapter of the Epistle to the Hebrewes An oath for confirmation is amongst men An ende of all strife 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 Exod. ca. â—2 If any man deliuer to his neigh bout to keepe Affe or Oxe or Sheepe or any beast and it dye or be hurt or be taken by force no man see it An oath of the Lord shal be the meane betwene them twaine that he put not his hand vnto his neighbours good And the owner of it shall accept the oath and the other shall not make it good Concerning him that is to take an oath The deponent he is taught by the holy Ghost first to sweare in trueth That is to say truelie without falshood deceipt or dissimulation the heart mouth agreeing in one Hiere ca. 4. for since God is the authour and louer of trueth and the Diuell is a lyar and the father of lies there can not be a greater dishonour or indignitie offred to the sacred Maiestie of God then to make his most fearfull and reuerende name a witnesse of falshoode or deceipt neither let any man thinke that by craftie or subtill swearing he can auoyde the detestable sinne of perjurie For fraus distringit non dissoluit perjurium fraude strayneth harder it dissolueth not the perjurie as the learned Tullie verie well saide Secondlie Hier. ca. 4. he that taketh an oath ought to sweare in judgement that is to saye with good discretion soberlie well aduised and assured of that he wil affirme or denie vppon his oath Not ignorauntlie rashlie vainlie or in causes of no moment or necessitie for such vaine and foolish swearing is expreslie forbidden by the commandement wherein also God threatneth That he will not holde him guilt les that taketh his name in vaine that is wil surelie punish him that so abuseth his name The same also in the newe Testament is by Christ him selfe condemned Moreouer the holy Ghost by the Preacher well aduiseth euerie man not to be rashe with his mouth nor to suffer his heart to be hastie to vtter any thing before God for that sayeth hee God is in the Heauens and thou art on the earth 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 more 's praestitum iuramentum yet by swearing to doe the thinge that is vnjust or vnlawfull the glorious
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 Thomas Aquinas sed per similitu dinem juramenti alium ad aliud agēdum inducere And such speaches are also vsed for commaundementes in the name of the Diuine Maiestie Act. cap. 19.1 Thes ca. 5 as we reade done by the Exorcistes by Sain Paule who chargeth the Thessal in the Lord that his Epistle be read vnto all the brethren the Saints Otherwise if euerie such kinde of speache should straight way make an oath then would it followe wdich were absurde that the Deuill made our Sauiour to sweare at such time as he saide I charge thee by God that thou torment mee not 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 Cap. 9. but according to the Latine translation of the learned Tremelius Iunius the wordes are aedite confessionem Jehouae Deo So that although it bee graunted that where an oath was giuen for the confession of the trueth there the Magistrate vsed those wordes Giue glorie vnto God putting the partie in minde thereby of the Maiestie of Almightie God yet followeth it not that in euerie place where wee finde the same speach there the partie to whom it was spoken had taken an oath to confesse the matter whereof hee was demaunded But be it graunted that Achan made his confession by oath yet nothing will ensue thereof to justifie the dealings of those Inquisitors ex officio For if those rough and rigorous exactors of an oath followinge onely this legall course of inquisition set forth in this sacred historie That is after an offence committed so grieuous and daungerous to the publique estate and the same made knowen and notorious would then onelie seeke out the partie offending and that by due and lawfull course of triall and hauing founde him then after so mylde and curteous a manner and in the name of God intreat or if they thinke good depose him to reueale the trueth in particular No man I suppose would finde him self grieued with their proceedings But this their vnjust dealinge in this great abuse of an oath can not by authoritie of the holie scriptures be any way defended or mainteyned Wiselie therefore and with good discretion did that godlie man William Thorp in the time of King Henry the fourth William Thorp being willed by that bloodie persecutor of the true Christians Archb. Arundell to lay his hande vpon the booke and sweare faithfullie to submit him selfe to his correction to stande vnto and fulfill his ordinaunce desired firste to knowe wherefore he should be corrected and vnto what ordinaunce he was to be obliged which being declared to this effect that he should forsake all the opinions of the sectes of Lollardes in deede the true Christians that hee should preache no more vnto the people that he should from thenceforth become an accusor of such as him selfe was He vtterlie refused to take any such oath least thereby he should haue fallen into many foule and heynous sinnes and offences against God as the abjuringe of true Religion the forsaking of his lawfull calling against his conscience to his publique reproach to become a bloodie accusor or as he him selfe sayth an appeallor of his brethren euerie Bishops espie and the somner of all Englande deepely detesting such a bad office as vnméete for a Minister of the word nay altogither vnbeseeming a faithfull Christian If any
booke of Anno 2. R. 3. whereby it is euident that vnlesse these Ordinaries could prooue their forcing of oathes ex officio to be warranted by authoritie of the lawes and justice of this lande as in trueth they can not all their dealinges in such cases are by the same lawes vtterlie disallowed and condemned 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 Prohiâ—â—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 saluteÌ„ 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 Magna Charta conteyninge many excellent lawes of the liberties and free customes of this Kingdome It is ordeyned that no free man be apprehended imprisoned distrained or impeached but by the lawe of the lande and by the statute made Anno 5. Ed. 3. ca. 9. It is enacted That no man shall be attached vpon any accusation contrarie to the forme of the great Charter and the lawe of the Realme Moreouer it is accorded by Parliament Anno 43. E. 3. ca. 9. for the good gouernement of the Communaltie That no man be put to aunswere without presentment before Iustices or matter of recorde or by due processe or by writt originall after the auncient lawe of this Lande And howe then shall that kinde of proceedinge ex officio by forced oathes the vrging of this general oath and streight imprisoning of such as refuse to sweare bee justifiable If these things were not yet a man would haue thought that at the least the sharpe and seuere statutes of Prouision and Premunire so offensiue to popishe Polidore and such like Premunire should haue staied and stopt the violent course of those injurious inquisitions examinations and wrested oathes ex officio For no doubt the Ordinaries Cleargiemen practizing the same are all offendors doe incur the forfaitures of those penal lawes For profe wherof let vs consider the wordes of the statute of Premunire made AnnÌ„ 16. Ri. 2. ca. 5. and the judgments expositions thervpon had that statute reciting first the grieuous complaint of the whole Realm against the Pope of Rome who impeached many Patrons in the presentations to their Ecclesiasticall benefices excommunicated the Bb. of this realme for executing the kings writts 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
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