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
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
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 excōmunicate 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 cōcerning 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 cōsequentlie 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 absolutiō 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