Reignes of King H. 2. and Richarde the 1. and of King Iohn denied the payment of tribute and subsidie blustering and puffinge out moreouer like Cacus in his denne his smokie blastes of cursse and excommunication against the Kings collectours A notable example of humilitie and obedience in a Popeholie Bishop It is saide also by Maister Frowick Anno 10. H. 7. That the Cleargie had a Constitution that no Priest should be impleaded by the common lawe of this Realme for any cause whatsoeuer whether he saide truelie therein lette the Canonistes judge But certain I am the whole rabble of that Romish Cleargie did from time to time their best endeuour to make them selues lawlesse altogither as by the grieuances exhibited by the Princes of Germanie at the Counsell of Norrenberg in the time of the Emperour Charles the fifte may well appeare And this our haughtie Hugh of Lincolne eyther emboldened by such a Cannon or of his own free courage as a lustie champion of that irregular confederacie drewe out his woodden dagger of excommunication against the Kings Iudges and Magistrates secluding them as farre as his follie might from the fellowship and companie of Christians because they had by course of lawe imposed a fine vpon a Proselite of theirs newlie crept into their vnholie orders for his trespasse committed in the Kings Forrestes 27. H. 8. So likewise the reuerende Iudge Maister Fitzherbert declared that in the time of King Henrie the 6. a Bishop of Winchester being outlawed for no lesse fault then wilfull murther and his temporalities therfore seized into the Kings handes refused the iudgement of lawe and sued to the court of Roome the Pope writinge to the King in his behalfe aunswere was made that the lawes of this Realme were such wherevpon as vanquished and driuen from his shiftes the Bishop submitted himselfe to the grace of the King and though vnworthie obteined pardon We heard also in the 2. yeare of King H. 4. howe the Popes publication or collector tooke vpon him by vsurpation of authoritie to take both oath and obligation of a certain Vicar to holde him selfe contented with such endowment as the collector had appointed the Parsonage being appropriate to the Deanrie of Windsor and howe the Deane drewe the Vicar into plea before this new founde Iudge the Collector for the breache both of his oath and bonde Vpon which wrong done to the Royall jurisdiction the Vicar complayning had a Prohibition In which case are principallie to be noted the vnlawfull imposing of an oath by one that was no Magistrate but quid domini facient audent cum talia fures and th' injurious pro sequting and drawing into plea of the Kinges subject before an incompetent Iudge by this Deane a Cleargie man of the Realme In like sorte the Hospitallers and Templers assuming to them selues jurisdiction in prejudice of the King and of his Crowne drewe the subjectes of this Realme into suite before the Conseruators of their Priuiledges for causes perteyning to the jurisdiction of the Kings Courtes for reformation whereof the statute of Westm. the 2. cap. 43. was ordeyned Howe rigorous injurious and intollerable the dealinges ex officio by those Prelates and Ordinaries were whereof these examinations by extorted oath were a principall parte the grieuous complaint of the whole Communaltie of this Realme in the 23. yeare of the reigne of King H. 8. doeth sufficientlie declare Whereby the King was enformed how these mercilesse Ordinaries by their extraordinarie lawlesse power cited and sommoned his subiectes feyned and framed straunge accusations against them no accusers appearing examined them vpon articles captiouslie deuised for their purpose and in the ende admitting no defence and disallowing all purgation forced them to abjure or condemned them to the fire a most fearfull and barbarous course of inquisition Vnto which complaint those Pharisaicall Cleargie men who will not enter Pilates common Hall least they should be defiled and yet crye out with loude voyce Crucifige crucifige made as to the King him selfe there it seemed a verie weake and slender defence And no maruayle since wickednesse may more easilie be committed then well defended But will you see more fullie and clearelie beholde as in a glasse the manifold vsurpations incrochmentes injuries and oppressions committed and done from time to time by the Pope Prince of that curssing accursed Cleargie and by his sworne deuoted Baalamites and shauelinges against the rightes and prerogatiues of this Imperiall Crowne the lawes of this Monarchie and the liberties of the subjectes thereof then read and consider the grieuances of the commons exhibited against the Cleargie Anno 21. H. 8. the seuerall statutes of Prouision and Premunire the statutes of Mortmaine with the diuers kindes of prohibitions to the Courtes and Consistories Ecclesiasticall Among which you may finde an especiall prohibition with an attachement therevpon deuised against these injurious oathes and examinations as against abuses greatlie offensiue to the Crowne and dignitie Royall Which the better shall appeare by the writtes them selues which are in this forme set downe in the Register Prohibitiō Rex Vicecomiti salutem Praecipimus tibi quod non permittas quod aliqui Laici ad citationem talis Episcopi aliquo loco conueniant de caetero ad aliquas recognitiones faciendas vel Sacramentum praestandum nisi in casibus Matrimonialibus Testamentarijs teste c. And the Attachement is in this maner Rex Vic salutem Pone per vados c. talem Episcopum quod sit corā Justiciarijs nostris c. ostensurus quare fecit summoniri per Censuras Ecclesiasticas distringi laicos personas vel laicos homines foeminas ad comparendum coram eo ad praestandum juramentum pro voluntate sua ipsis invitis in graue praejudicium Coronae dignit atis nostrae Regiae necnon contra consuetudinem Regni nostri c. By the consideration of which writtes and especiallie of these wordes recognitiones sacramentum pro voluntate sua and ipsis invitis we may plainlie perceyue howe all these inquiries examinations Hindes case and 18. R. Eliz. prooueth no lesse and sifting out of matters by oath and by way of inquisition in the Courtes Ecclesiasticall are by the Regall authoritie impugned and that as prejudicial to the Crowne and dignitie Royall and the lawes and customes of this Realme these wordes pro voluntate sua expreslie deuoting vnto vs the vsurped officious power and licentious pleasure whereby contrarie to all due course of Iustice they constraine an aoth And these wordes ipsis invitis manifestlie painting out the rigorous injurious and compulsarie exacting of the samo Moreouer we see it declared by the statute of Marlebridge cap. 23. That no man may compell anie free-holder of this Realme to sweare against his will without the Kings precept or commaundement that is according to the lawe and Iustice of this Realme for so are we taught to vnderstande the same by the
booke of Anno 2. R. 3. whereby it is euident that vnlesse these Ordinaries could prooue their forcing of oathes ex officio to be warranted by authoritie of the lawes and justice of this lande as in trueth they can not all their dealinges in such cases are by the same lawes vtterlie disallowed and condemned But here me thinkes some retchlesse or inconsiderate reader steppeth forth and sayeth What is your meaning to circumscribe and include all authoritie of ministringe oathes in the Courtes Ecclesiasticall within the streight limites and boundes of causes Testamentarie and Matrimoniall howe then shall all other matters subiect to their jurisdiction being in number manie and in nature diuers receyue due examination For aunswere therevnto this shortlie may suffice That the state of the question whiche at this present we haue in hande is not in what cases those Courtes may giue or impose an oath but the matter wher of we nowe intreate is concerning forced and constrained oathes ex officio and especiallie in that generall maner before remembred And as touching the triall of causes by examination of witnesses judiciallie depending betweene partie and partie in th'Ecclesiasticall Courtes it standeth firme and for founde lawe according to the saide Prohiâ—â—on and the opinion of Maister Iustice Fitzherbert in his booke of Iustice of Peace is That those Iudges Ecclesiasticall haue no lawfull power or authoritie to force or constraine by censures of the Church or otherwise any subject of this Realme against his will to testifie vppon his oathe other then in the foresaide causes of Mariage and Testamentes although comming before them as produced by the parties in the suite they may lawfullie as vnto men voluntarilie accepting the same minister an oath otherwise it is plaine extortion and wrong vnto the partie And admitte they would denie to depose what prejudice were that to the Court Christen but rather a faylinge in proofe in the partie suing And in this state and sorte standeth the proofe of causes by witnesses at the common law Neuerthelesse since the statute made against wilfull perjurie the witnesse serued with processe and hauinge his charges tendered making default incurreth a paine pecuniarie And why should the Cleargie and Iudges Ecclesiasticall thinke it much to be ruled and restrayned concerning their jurisdiction by the Kings Prerogatiue and the common lawes of this Realme since what jurisdiction or authoritie soeuer they haue or enjoye matters of the Diuine lawe excepted yea euen in those especiall causes of Testamentes Mariages Diuorses and Tythes is no otherwise theirs then by the goodnes of the Princes of this Realme and by the lawes and customes of the same as the statute of Anno 24. H. 8. cap 12. well declareth and may be taken from them and restored to the temporall Iudges especiallie the abuses of the Cleargie well descruing it at the will and pleasure of the Prince and people But to returne againe to our prohibition and attachment it is euident thereby that all the sommons and citations which those Ecclesiastical Iudges sende forth vnder these general termes propter saluteÌ„ animarum or ex officio mero And all their arrestes distresses impeachmentes excommunications and imprisonmentes therevpon ensuing are altogither injurious both to the Prince and people And of this opinion seemeth to be that learned Iudge Maister Fitzherbert who in his booke De natura breuium sayeth vppon these writtes in this maner By this appeareth that these generall citations which Bb. make to cite men to appeare before them pro salute animae without expressing any cause especiall are against the lawe And true it is for by the statute of Magna Charta Magna Charta conteyninge many excellent lawes of the liberties and free customes of this Kingdome It is ordeyned that no free man be apprehended imprisoned distrained or impeached but by the lawe of the lande and by the statute made Anno 5. Ed. 3. ca. 9. It is enacted That no man shall be attached vpon any accusation contrarie to the forme of the great Charter and the lawe of the Realme Moreouer it is accorded by Parliament Anno 43. E. 3. ca. 9. for the good gouernement of the Communaltie That no man be put to aunswere without presentment before Iustices or matter of recorde or by due processe or by writt originall after the auncient lawe of this Lande And howe then shall that kinde of proceedinge ex officio by forced oathes the vrging of this general oath and streight imprisoning of such as refuse to sweare bee justifiable If these things were not yet a man would haue thought that at the least the sharpe and seuere statutes of Prouision and Premunire so offensiue to popishe Polidore and such like Premunire should haue staied and stopt the violent course of those injurious inquisitions examinations and wrested oathes ex officio For no doubt the Ordinaries Cleargiemen practizing the same are all offendors doe incur the forfaitures of those penal lawes For profe wherof let vs consider the wordes of the statute of Premunire made AnnÌ„ 16. Ri. 2. ca. 5. and the judgments expositions thervpon had that statute reciting first the grieuous complaint of the whole Realm against the Pope of Rome who impeached many Patrons in the presentations to their Ecclesiasticall benefices excommunicated the Bb. of this realme for executing the kings writts de Clerice admittendo sought to translate some of them against their and the Kings will and diuers other inconueniences in derogation of the Kings Crowne and Regalitie prouideth remedie for those and such like mischiefes in this maner That if any purchase or pursue or doe to be purchased or pursued in the Court of Rome or elswhere any such translations processe sentences of excommunications bulles instrumentes or any other thinges whiche touche the Kinge against him his Crowne and his Regalitie or his Realme or them receyue or make thereof notification or any other execution within the same Realme or without that they their Notaries Procurators Mainteiners Abbetters Fautors and Counsellors shal be put out of the Kings protection and their landes and tenementes goods and chattelles forfait to the King c. Since the making of whiche statute it hath bene helde and adjudged for cleere lawe in the Kinges Courtes That if any subject of the kinges sue or impleade an other in any Ecclesiasticall Court of this Realme for any cause or matter appertayninge to the examination and judgement of the Courtes of the common lawe or any judge Ecclesiasticall presume to holde plea thereof or deale in any causes not belonginge to his jurisdiction that they incurre the daunger and penaltie of premunire as by the booke of 5. Ed. 4. fol. 6. by th' opinion of the Court Anno 11. H. 7. remembred by Maister Fitzherbert plainelie doeth appeare According also therevnto is the case of Maister Barloo late Bishop of Bathe reported by Maister Iustice Brooke Which Bish in the time of Kinge Edwarde the 6. depriuing the
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