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
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
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
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
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