Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	body_n	great_a	know_v	1,518	5	3.5656	3	false

Text snippets containing the quad

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

Maxime in lawe not denied by themselues That Nemo tenetur seipsum prodere where should the benefite thereof be had or taken but in their Courtes and Cōsistories But if it should be graunted that this rule faileth where a man is proditus per famam doeth not that as a gloase confoundinge the text wholie and altogither destroy that rule or principle except for some reliefe this narrowe shifte may be vsed That the fame neuerthelesse standeth in force where any other then the Ordinarie assumeth to proue that cryme But in this case also they haue so weakned this maxime that scarcelie will it stande for a minome affirminge if I mistake them not that the infamed must aunswere on his oath to other articles not principallie touching the verie crymes objected For what should be meant by other articles but such as concerne circumstaunces and inducementes to the cryme And is not this to goe like the crabb oblique and to proceede the same way although not to treade the direct steppes But why there should bee any distaunce betweene the suyte or instance of the partie and the proceeding ex officio I knowe not the reason Alleadged therefore is this Penaunces enjoyned by Ordinaries are not taken to bee panae but medicinae what their lawe presumeth is not sufficient reason to prooue their lawe reasonable but what they are in deed is to be weyed And shall they be medicines onelie where proceeding is ex officio Or tende they in that case alone to the reformation of the delinquent Th' example of others and satisfaction of the Church May not all this aswell bee verefied where the cryme is complained of and punished at th'instaunce of the partie And shall not penaunce although it bee but the standing in a sheete as well as the standing on the pillorie respect of publique shame and reproache grieuous and odious vnto all men be accompted for a punishment True it is all corrections are or should bee medicines for the amendement of maners But doeth it therefore follow that the same be no paines or punishments As concerning th' offence to God by the abuse of his Name and Maiestie Haue we not learned before that to offer an oath vnto persons defamed in life and conuersation and speciallie concerning the matter of his owne corrupt life argueth a lightnes and wante of good discretion in the Magistrate who thereby wittinglie doeth minister an occasion of perjurie And are not all those on whome these purgations are imposed men greatlie defamed and vehementlie suspected of the crymes objected for as these Doctours affirme the law when secrete crymes by circumstaunces knowne abroade are become vehementlie suspected offensiue and daungerous then are they firste enquired of The proceeding also by inquisition beginning vppon fame proued not slenderlie but by presentment vpon oath or by deposed witnesses being many honest voide of malice neighbours to the partie and rendring a wise sufficient reason of their knowledge concerning the same And howe then may a Iudge in such a case with any good cōscience to Godward or to the satisfaction of his church force an oath vpon such a one for the finall ende of the cause Is not the perill and presumption of perjurie very great and pregnaunt Knowe we not that all or the moste part of men liking the counsell dedecus magis quam periculum vites will rather hazard their soules then put their bodies to shame and reproach presume the lawe neuer so much that after fame they should not make scruple to discouer them selues If the like course of purgatiō should be vsed at the common lawe vpon Indightmentes of fellonie or other criminall causes what doubt were to bee made but that perjurie in short time would ouerflowe the whole lande and shall we not thinke that the same is not frequent in these kindes of purgations But say they the partie is not trusted alone he bringeth with him his many compurgators who depose also de credulitate waying his feare of God and former conuersation Be it so the matter thereby is no whit amended but rather made worse and impaired For what doe those compurgators but by lending their oathes justifie in effect him to be honest whom fame and the former deponentes haue proued to be dishonest and verie neare the circumstances considered conuinced of the crime objected Why rather doe not these Ordinaries which challendge and assume to them selues the goodlie name and tytle of spiritual men if they respect the honor of God and regard the soules of men free the people from these pernitious oathes and deadlie purgations and proceede to their sentence of condemnation not by feyned offices and fictions of lawe but by good proofe and lawfull witnesses And againe absolue the partie defamed where such sufficient proofe doeth faile them why should they thinke much to offer to the laitie in their Ecclesiasticall Courts the like good measure and vpright sincere justice that they themselues finde obteine in the courts temporall of this Realme Where neyther they nor any other are forced ex officio Iudicis by strayning oathes and strong purgations not healthfull but hurtfull to bewray or accuse them selues Perhaps this counsell would be receyued if it were as profitable as good and honest but according to the prouerbe auro loquente tacendum est For it is no small gaine and lucre that dailie riseth and accreweth to the Cleargie and Courtes Ecclesiasticall by slaunder fame rumour and false report in respect wherof these faire names of Office and discharge of publique duetie are so cunninglie pretexed and these poysoninge purgations so daungerouslie giuen for preseruatiues A matter being since well knowne vnto the worlde Carolus 5 and by the Princes of Germanie in the Counsell of Norenberg among many other abuses and corruptions moste monstrous complained of to this effecte It happeneth oftentimes say they that men and women through sinister and false reportes and slaunders are brought before the Officiall or Ecclesiasticall Iudge as men guiltie and shall not be declared innocent before they haue cleared themselues by an oath which purgation so made they are restored to their former estimation And albeit the dammages and costes ought to bee repaide vnto such as be so falselie accused yet are the innocentes them selues forced to paye two Gilders and a quarter for their letters of absolution And this is the cause why the Officialls and other Ecclesiasticall Iudges doe so greatlie followe the action of such vnlawfull false and slaunderous accusations challenging the hearing thereof onelie to them selues Which thing no doubt saye they redowneth to the great and most singular hurt and detriment of all men For often times it hapneth that Women falling togither in contention through anger hatred or some other affection doe speake euill of or slaunder one another and outrage so much that the one often times accuseth the other eyther of Adulterie or Witcherie which being brought before the Officiall shee which through anger had so

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