Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	arundel_n	end_n	time_n	25	3	2.1255	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

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

Ecclesiasticall may also vpon euerie such oath denounce a cursse of consumption and rotting to the partie deposing in such the same maner as there is prescribed And as touchinge the inquisition for murther or manslaughter before remembred it is ordeyned that the Elders of that Citie which vpon measure taken falleth out to be next vnto the slayne man should washe their handes ouer a beheaded Heyfer protesting and saying in the presence of the Priestes Our hands haue not shed this bloud neyther haue our eyes seene the slear O Lorde be mercifull vnto thy people Israel whom thou hast redeemed lay no innocent bloud to the charge of this people c. Howe any thing here may proue the exacting of oathes to be lawfull I see not A man is slayne th'offendour vnknowen th'Elders by this especiall lawe of expiation doe protest as aforesaide But where is an oath in this case giuen to any particular person If this protestation shall bee thought in some sorte to conteruaile an oath of purgation yet where is there any protestation or oath required or taken to aunswere generallie to such Interrogatories as shal be propounded vpon vnknowne secret or barelie suspected matter Nay we see euidentlie the fact and felonie to th' offence both of God and man to bee publique and apparaunt th' offendor only lyeth hidden and vnknowne On the contrarie those Inquisitors ex officio haue the man before them whom they will examine but the matter for the most part is secreat and concealed which they enquire after and many tymes there is no matter at all but bare naked suspition or fame of a cry me neuer committed Concerning Achan and the proceeding against him we see by the sacred historie howe the offence in generall is by God him selfe made manifest vnto Joshua the Prince of the people vz That an excommunicate or cursed thing was taken and concealed c. th'offendour was onely to be founde out Inquisition being had by lot or otherwise God assisting Achan is deprehended as guiltie What followed He is by Iosua examined of the particular vsing these wordes My sonne I beseeche thee giue glorie to the Lord God of Israell and make confession vnto him and shewe me nowe what thou hast done hide it not from me Herevpon the detected Achan confesseth the trueth in particular But where doeth it appeare that hee was deposed or by what conceyued wordes or forme of oath doeth he sweare Except wee shall say there is no difference betweene the intreatie or charge of the Magistrate remembring the glorie of God and an oath taken and pronounced by th'offendour to confesse the trueth Which graunted it must consequentlie followe that whosoeuer is in that manner charged and confesseth not the trueth although he haue no will to sweare is both a liar and a person perjured which were a harde conclusion Nay rather such kinde of charge as adiuro te as a learned man sayeth Non est alium ad iurandum inducere Thomas Aquinas sed per similitu dinem juramenti alium ad aliud agēdum inducere And such speaches are also vsed for commaundementes in the name of the Diuine Maiestie Act. cap. 19.1 Thes ca. 5 as we reade done by the Exorcistes by Sain Paule who chargeth the Thessal in the Lord that his Epistle be read vnto all the brethren the Saints Otherwise if euerie such kinde of speache should straight way make an oath then would it followe wdich were absurde that the Deuill made our Sauiour to sweare at such time as he saide I charge thee by God that thou torment mee not I knowe very well what that learned and excellent light of Gods Church Maister Caluin saith in his booke of Institution of christian Religion That is howe Josua minding to driue Achan to confesse the trueth said My sonne giue glorie to the Lord God of Israell meaning thereby that the Lord is grieuouslie dishonored if a man sweare falslie by him And this maner of speach sayeth hee was vsed amonge the Iewes so oft as any was called to take an oath as appeareth by the like protestation that the Pharisees vse in the Gospell of Saint Iohn In the booke also of Ezra we reade the same phrase Giue prayse vnto the Lorde as some in Englishe haue translated it Cap. 9. but according to the Latine translation of the learned Tremelius Iunius the wordes are aedite confessionem Jehouae Deo So that although it bee graunted that where an oath was giuen for the confession of the trueth there the Magistrate vsed those wordes Giue glorie vnto God putting the partie in minde thereby of the Maiestie of Almightie God yet followeth it not that in euerie place where wee finde the same speach there the partie to whom it was spoken had taken an oath to confesse the matter whereof hee was demaunded But be it graunted that Achan made his confession by oath yet nothing will ensue thereof to justifie the dealings of those Inquisitors ex officio For if those rough and rigorous exactors of an oath followinge onely this legall course of inquisition set forth in this sacred historie That is after an offence committed so grieuous and daungerous to the publique estate and the same made knowen and notorious would then onelie seeke out the partie offending and that by due and lawfull course of triall and hauing founde him then after so mylde and curteous a manner and in the name of God intreat or if they thinke good depose him to reueale the trueth in particular No man I suppose would finde him self grieued with their proceedings But this their vnjust dealinge in this great abuse of an oath can not by authoritie of the holie scriptures be any way defended or mainteyned Wiselie therefore and with good discretion did that godlie man William Thorp in the time of King Henry the fourth William Thorp being willed by that bloodie persecutor of the true Christians Archb. Arundell to lay his hande vpon the booke and sweare faithfullie to submit him selfe to his correction to stande vnto and fulfill his ordinaunce desired firste to knowe wherefore he should be corrected and vnto what ordinaunce he was to be obliged which being declared to this effect that he should forsake all the opinions of the sectes of Lollardes in deede the true Christians that hee should preache no more vnto the people that he should from thenceforth become an accusor of such as him selfe was He vtterlie refused to take any such oath least thereby he should haue fallen into many foule and heynous sinnes and offences against God as the abjuringe of true Religion the forsaking of his lawfull calling against his conscience to his publique reproach to become a bloodie accusor or as he him selfe sayth an appeallor of his brethren euerie Bishops espie and the somner of all Englande deepely detesting such a bad office as vnméete for a Minister of the word nay altogither vnbeseeming a faithfull Christian If any