slaundered the other is forced by an oath to excuse and purge herselfe that what soeuer injurious or slaunderous worde she had spoken came not of any deliberate purpose or intent but through wrath and displeasure In like manner th' other which is accused eyther of adulterie or sorcerie is commaunded by an oath to declare her innocēcie so that it is euident vnto all men that in such cases whether they bee guiltie or not guiltie they must sweare if they will keepe their good name and fame whereby not onely the vnlawfull lucre of gaine and money is fought but also wilful perjurie forced c. Thus these honorable persons you see haue made it cleare what is chiefelie entended by these canonicall purgations pretende the Cleargie what soeuer they will and howe such forced oathes are not onelie offensiue vnto God but injurious also vnto men Therefore leauing these men to whō the fauour of gaine is so sweete togither with their famous lawe the matter which wee endeuour to prooue is that those generall oathes and oathes ex officio publiquelie heretofore much practized by Ordinaries and Ecclesiasticall Iudges are altogither vnlawfull whether by the Canonicall sanctions or lawe cannon I care not but by the lawes of God and of this Realme And therefore since we haue sufficientlie spoken of the lawe of God nowe least peraduerture it may be saide that such Catholique oathes are warraunted by the common lawes or statutes of this Realme or by the vse and practise of some Courtes of Iustice therein let vs consider hereof also and deliuer both our lawes and the Iustice of our land from so foule a slaunder Concerning the common lawes of this Realme we may finde an oath diuerslie allowed of and vsed in causes of suyte judiciallie depending But such a generall oathe or such like ex officio at any time eyther offred by Magistrate or taken or made by subject of this lande by authoritie of the common lawe can neuer be proued I am sure eyther by good recorde or sounde reporte of the same Long it were and tedious to remember the particular cases when and where an oath is required by the lawes and statutes of this Realme But this may be saide in generall and that truelie to the great honor and highe commendations of our gouuernement that the same common lawes haue not imposed or appointed an oathe to bee vsed otherwise then according to the right institution thereof the godlie rules before remembred yea moreouer this may trulie be affirmed that the common lawe of this Kingdome yea the common wealth it selfe hath euer rejected and impugned as a thing vnlawfull and injurious this maner of swearing whereof we nowe intreat as by that we shall hereafter say may euidentlie appeare Touching the oathes imposed or admitted at the common lawe by Iudges or Magistrates for of them onelie we are to speake First it is vsed as by good reason in all Courtes of Iustice established for determination of causes in suite or controuersie eyther betweene the Prince and subject or the subjectes them selues to require an oath of all such as are called or produced to testifie their knowledge concerning the matter or point in yssue whereby the trueth may appeare and the cause receyue an ende The defendent also in diuers personall actions voluntatilie offring an oathe for his cleare discharge Wager of lawe is admitted by course of the lawe therevnto which maner of proceeding is termed the doing of his lawe and seemeth to haue bene grounded vpon the judicialles before rehearsed giuen by God vnto his people the Isralites as by the obseruation of the cases hereafter mentioned may be gathered For in an action of debt brought for money due by reason of some simple cōtract or in an action of detinue of goods and chattelles the oath of the defendent in the one case that he oweth not the money and in the other that hee deteineth not the things required is allowed for a finall ende and barre vnto the pleadant For in the former case the repayment of the money may be priuate and in secrete so in the other the deliuerie of the goods And although the baylment and deliuerie of the pleadaunt goods to the defendent were by the handes of a third person or testified by writing yet these are no causes to put the defendent from his oath or wager of his lawe for asmuch as the answere is not to the baylment or deliuerie but to the deteiner or withholding and in the action of debt although the defendent eyther hanging the action or otherwise had confessed the contract yet is he to be admitted to his lawe or oath in so much as the point in suite is not the contract but the debt 7. H. 4. fo 7. 9. E. 4. fo 24 But in an action of accompt supposinge the receipt by the hands of a stranger or thirde person the lawe is otherwise for here the thing deliuered is not preciselie in demaunde but an accompt onelie thereof required And the receipt being the cause of action to which a thirde person is priuie as a witnes the oath of the defendent as a thinge not of necessitie is rejected For that reason was the defendent put from his wager of lawe Anno 31. Ed. 1. where the case was this An action of detenewe was brought for a Challice the defendent pleaded howe the pleadaunt deliuered the same in gage for vj. markes and that vppon the repayment thereof he was readie to deliuer the Challice the pleadent replying that he had repayed the money by the handes of one such the defendent offring his oath to the contrarie was nor admitted therevnto inasmuch as there was a witnes of the repayment by whose testimonie the trueth might be knowen And as the common lawe is thus on the part of the defendent so is it likewise for the pleadant comminge as it were in place of a defendent Therefore Anno 21. Ed. 3. fol. 49. the case was that the defendent vppon his accompt would haue discharged him selfe by certen tallyes and so by his oath continued the charge against the defendent But Anno 29. Ed. 3. the defendent in accompt alleadged before the Auditors payment to the pleadant by the hands of another and the pleadent offring his oath that hee had not teceyued the money was in respect of the third person denied to wage his lawe And the good discretion and consideration which the lawe vseth in the allowing and admitting of wager of lawe is not to be forgotten Whiche lawe least men of light credite or doubtfull faith should take an oath suffereth no man to doe his lawe but such onelie as is able to bring with him 11. other persons of ripe yeres and of good name to depose with him that they thinke he sweareth truelie Neither are th' one parties or th' other in any personal action by the courses of the common lawe suffered to cleare themselues by their oathes where they are charged eyther by
their lawfull writing or matter of recorde for that these are testimonies and proofes sufficient wherevnto faith and credite ought to be giuen much more might bee saide in such particulars but these may suffice to shewe howe in suites for goods chattels debtes or personall dueties the common lawes of this Realme admit no ydle vaine suspitious or vnnecessarie oathes neyther compell any man to sweare concerning them but vppon cause allowe of the plâ—and desertes volontarie and necessarie oath for an ende of the controuersie As touching the causes and controuersies for landes and inheritaunces depending in fuyte eyther in admitting or requiring of oathes some fewe cases there be Neuerthelesse where an oath for them is vsed As if a Praecipe quod reddat be brought of lande wherein the tenaunt was not lawfullie sommoned he may vpon returne of the proces of graund cape wage his lawe for none sommons and thereby as not well executed abate the demaundentes writ in which case an oath seemeth rightlie to bee admitted since the cause is both of weight and necessitie to the tenaunt this being the onely way to relieue him against the vntrue returne of the Sherife whereby his lande for want of apparaunce was to bee recouered against him For as the lawe seemeth to way a triall of this sommons by 12. men is not allowable And although it may bee saide that the tenaunt vpon his losse by default might haue a writ of deceipt and recouer againe his lande 33. H. 6. fo yet that often times falleth out to be a faint remedie the death of such as were returned sommoners depriuing him of that aduantage In the case also of deceipt vpon a recouerie by default the sommoners viewers and perueors are judiciallie examined by oath whether they haue duelie accordinge to the lawes of the lande executed and perfourmed that whiche appertayneth vnto them who in this case are vsed but as witnesses to search and sifte out by them the good or euill dealing of the Sherife by whom the execution of the writ and processe was committed 41. Ed. 3. fo In like maner if the plaint in a scire facias recouer by default the defendent bring this action of deceipt against the Sherife the bailife and the partie that sued execution of the lande processe shal be awarded against the supposed garnishers and vppon their apparaunce they shal be examined and that by oath concerning the maner of the garnishment and the same beeing founde insufficient the plaintife shal be restored to his lande with the prosites meane We may finde also in such reall actions an oath required in another maner but yet to good purpose that is to take away vnnecessarie delayes of Iustice For if the tenaunt in a praecipe of lande will cast an Essoyne of the Kings seruice the Essoygner shall sweare and that directlie the same to be no feined excuse otherwise the Essoyne shall not be allowed Some fewe other particular cases of like nature may peraduenture be shewed where an othe is admitted or required in these reall actions but none I am sure tending to anie such purpose as these oathes commaunded and enforced ex officio In criminall causes and suytes Criminall causes whereby eyther the losse of life libertie member of the bodie or good name may ensue which among worldlie things are most deare and pretious vnto men the common lawes of this lande haue wholie forborne and that for just respectes to vrge or impose an oath vpon the accused For in wisedome it was foreseene that the frailtie of man for the safetie of life the preseruation of libertie credite and estimation would not spare to prophane euen that which is most holie and by committing sinfull perjurie cast both soule and bodie into eternall perdition This knewe the subtill serpent our aduersarie full well in generall although he were deceyued in the particular when as he saide vnto God concerning the holie man Iob Skinne for skinne Iob cap. 2. and whatsoeuer a man hath will hee giue for him selfe and for his life but stretch out thy hande sayth Sathan and touche his bones and his fleshe and see if he will not then blaspheme thee to thy face Moreouer euerie wise Magistrate may well conceyue vpon howe weake and feeble a foundation he shall ground his sentence trusting to such an oath when before hande the suspition and presumption of perjurie is so pregnant Therefore in causes capitall or otherwise criminall these our lawes neyther vrge by oathe nor force by torment any man to accuse or excuse him selfe but rejecte the oath as vnbeseeming a well gouerned state or common wealth And condemne the torture as a thing most cruel barbarous wherof although they neede no other proofe theÌ„ the dailie practize and proceedinges against parties suspected of such offences yet concerning the inquisitions by torture we may see the same affirmed by that learned Iudge Maister Fortescue in his commentaries of the Pollicie of this Kingdome 49. Ed. 3. And for th' other there are sufficient authorities in the reportes of the lawes them selues therfore in the booke of Assizes it appeareth that diuers Iurours were challenged as lesse indifferent some for matters that founded to their reproach and dishonestie as that corruptlie they had taken money of one of the parties in the suite whervpon it was ordered by the Iustices that such as were challenged for causes not dishonest should bee sworne to declare the trueth the other for the reason aforesaide not to be examined at all but the challenge to be tried without their oath The same lawe is againe reported vnto vs Anno 49. Ed. 3. fol. 1. Vpon the like reason is the refolutioÌ„ of the chiefe Iustices of the Iudges Saunders and Whiddon 12. R. Eliz. That if a bill of perjurie committed in the Chauncere against the forme of the statute made in the fifte yeare of her Maiesties reigne were exhibited in the same Court that the defendent should not be compelled to make aunswere vpon his oath eyther to bill or intertogatories but that the parties ought to descende to yssue and the triall to be had by Iurie in the Kings Benche I shall not neede to spende time in declaring after the parties in suite haue ioyned yssue triall by Iurie howe many wayes an oath is vsed about the triall of such matters of fact as the oath of Iurors them selues and of their triars vpon challenge or to speake any thing of the oath to be ministred vnto suck as require the suertie of peace neither to discourse of the doing of homage or fealtie by the tenaunt to the Lord since these and such like are well known to euery one although but of meane judgement to bee necessarilie vsed for the better administration of Iustice and assuraunce of dueties making nothing at all for those phantasticall and officious oathes and examinations proceeding rather ab officio the verbe then ex officio the nowne Neyther is it necessarie to
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
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
conclude thus All answeres are made vpon oath in the Kings Courtes of Starchamber Chaūcerie Ergo the same course may be vsed in the Courtes of the Kings Bench and common place which neuerthelesse were an absurd conclusion It is verie true in deede that these honorable Courtes of Starchamber and Chauncerie proceede not to the tryall of causes by Iurie after the manner of the common lawes of this Realme but giue their judgementes and definitiue sentence vppon the aunswere and examination of the defendent affirmed by his corporall oathe and vpon the depositions of witnesses But who hath euer seene in these Courtes any subject of this lande in a cause concerning him selfe brought forth and compelled to depose or make aunswere vppon his oath no bill of complainte or information formerlie exhibited against him Nay on the contrarie these Courtes obseruing the due forme of Iustice enforce no man to answere but where hee hath a knowne accusor and perfect vnderstandinge of the cause or cryme objected and therewithall is permitted to haue a coppie of the bill of complainte or information beeing not ore tenus And allowed moreouer both tyme conuenient and counsell learned well to consider and aduise of his oathe and aunswere And if his aduersaries complaint bee either insufficient in forme or matter or such as the Court hath no jurisdiction to determine the defendent vppon demurrer without oathe is dismissed and that with costes And admitt the accusation such as euery way is aunswerable yet if the Interr ministred bee impertinent to the matter of complaint the defendent without offence to the Court may refuse to make aunswere to the same What similitude or likenes then is there betweene the oathes and examinations vsed in these honorable Courtes and those constreiners ex officio since the former sorte bee orderlie taken in Courtes of Iustice th' other without all course of judgement th' one where pl. and complaint are manifest the other where neyther accusor nor matter of accusation doe appeare the one oath made vppon certen knowledge and good aduisement the other soddenlie without all discretion vpon vncertaine demaundes the one wiselie restrained to certen limittes and boundes the other foolishlie wandringe at the doubtfull will of a slie and subtill apposer Vpon the one the deponent aunswereth to the accusation of his aduersarie by the other hee is compelled oftentimes to bee his owne accusor and condemner the one enquireth an aunswere to matter in fact done eyther to the injurie of some priuate person or hurte of the publique state the other constreyneth the reuealing of wordes deedes and thoughtes though neuer offensiue to any Than since it is apparaunt that these manner of oathes are altogither mere straungers to our pollicie The practise of the cleargie and not so much as once countenaunced by any lawe custome statut or Court of this Realme Howe then by whose meanes hath this alien heretofore intruded as a troublesome guest into the house of the common wealth This partlie as before hath bene declared with some griefe of minde by that godlie seruaunt of Christ Iohn Lambert who noteth the papisticall Cleargie and religious men of his time most irreligiouslie to haue practized the same And no doubt the Prelates of former ages fayning and pretendinge such oathes to be necessarie for the gouernment of the church and to purge the Prouince of euill men as aforesaide But in trueth finding it a fitt instrument to maintaine the Romishe Hierarchie and to tyrannize ouer the consciences of good men most impiouslie violating the lawes both of God and man imposed this maner of corrupt oath vppon the people and no mervaile since there was no euil or mischiefe that could bee deuised either against the Prince people or pollicie of this lande which these kinde of our Prelates haue not attempted and put in practize For firste disguising themselues vnder the visor and maske of hipocrisie and feined holines and making marchandize of all thinges euen of heauen and hell purchased and acquired in short time such was the blinde deuotion of the superstitious laitie great and large Seignories Landes and possessions the verie mother and nource of pryde presumption and vaine pompe of this worlde And not so satisfied but vnsaitablie and most ambitiouslie lusting after rule dominion spared not against their due alleadgance to ensest euen the Kings and Princes of the lande Lett the contention and strife of Anselme Archbishop of Canterburie with King Rufus the manifolde practizes of Thomas Becket against King Henrie the seconde the tragicall life and pitifull ende of King John occasioned chieflie by the malitious meanes of the Archbishop Stephen Langton the treason of Archbishop Arundell against his soueraigne Lorde and King Richard the second and the pryde and insolencie of Cardinall Woolsey against that renowmed Prince Kinge H. 8. among others be sufficient testimonies in this behalf And as these pontificall Prelates with others more puffed vp in swelling pryde and ambition strake at the head so the crewe of that Antichristian Cleargie ceased not from time to time to wrastle and make warre euen with the sinewes and strength of the bodie politike of this Realme the lawes I meane and customes of this kingdome beinge the principall stay and stoppe to their insolent and ambitious attemptes endeuouring them selues to writhe out and exempt them selues from their due subjectiō to the same sometimes againe encroching and vsurping the right and jurisdiction of the Kinges courtes coueringe to drawe all causes into their costlie and lingring Consistories And oftentimes bringing in to the prejudice both of the Prince and the people forreine decrees and constitutions with the corrupt Canons and ceremonies of the accursed sea of Rome For proofe whereof lette the particular examples hereafter mentioned serue as a fewe amongest manie The Pope sayeth Polidore Virgill made a lawe in the Counsell of Lyons that the Cleargie should not bee taxed without his leaue or commaundement which lawe of immunitie although it were of no force to binde within this Realme for that the same is not subject to any foreine made lawes or constitutions not suffred by the King and voluntarilie accepted and vsed by his people as is expreslie declared by the statute made Anno 25. H. 8. cap. 21. yet see the good disposition and obedience of the Cleargiemen of this Realme in the time of King Ed. 1. which Churchmen with great obstinacie refused to paye the subsidie graunted to the King Robert then Archbish of Canterburie head primate of that faction wickedlie abusing this text of holie scripture to serue his rebellious intent obedire oportet Deo magis quam hominibus The Pope and his pursle beeing his best beloued Gods Howe much better and more Bishoplike might he haue remembred Date quae sunt Caesaris Caesari quae sunt Dei Deo That holy saint Hugh sometimes Bishop of Lincolne related amongest the Romish Gods puffed vp with the like arrogancie in the time of the seuerall