Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	accuse_v	accuser_n	admit_v	19	3	6.5832	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A20031	A true, modest, and iust defence of the petition for reformation, exhibited to the Kings most excellent Maiestie Containing an answere to the confutation published under the names of some of the Vniuersitie of Oxford. Together vvith a full declaration out of the Scriptures, and practise of the primitiue Church, of the severall points of the said petition.	Sprint, John, d. 1623. Anatomy of the controversed ceremonies of the church of England.	1618 (1618)	STC 6469; ESTC S119326	135,310	312

oath Ibid. leg 9. 2. This oath is ministred propter inopiam probationum where other proofes fail Cod. lib. 4. tit 1. leg 3. And the Canon law saith In ipso causae initio non est à quaestionibus inchoandum They must not begin in the entrance of the suit with questions So in the case of iealousie between man and wife where no other evidence was the woman was charged with an oath or execration Numb 5. 21. But now a man convented is first put to his oath though other profes be at hand 3. VVhere one is pressed with this oath a partie and accuser should be given that he which is accused may referre juramentum may haue liberty to returne the like oath upon his accuser Cod. lib. 4. tit 1. leg 9. Iustinian giveth this reason Non debet respuere in persona sua quod placuit in persona adversarij Hee must not refuse to sweare in his own person seeing hee put his adversary to it ibid. leg 12. This course is held in the honorable Court of Chauncery that where that partie is examined upon his oath his adversary that putteth in the bill appeareth against him This standing forth of the accuser is approved by our Saviour Woman where are thine accusers Ioh 8. 10. The heathen Iudge had this equity to say unto Paul I will heare thee when thine accusers are com Act. 23. 35. The Canons are most pregnant this way Iulij 1. decr 1. that an accuser should bee produced in iudgement Non oportet quenquam iudicari aut damnari antequam accusatores suos presentes habeat None ought to be judged or condemned before he haue his accusers present Non ante accusatus supplicio deputetur quant accusator presentitur That the partie accused be not adiudged to punishment before his accuser be produced Wormatens c. 42. Necesse est secundum scripturarum documentum accusatorum accusatum simul adesse It is necessary according to the doctrine of the Scriptures that both the accuser and accused be present at once Nicol. 1. de Iudic. c. 10. No cause shall be admitted to any to determe Nisi personae appareant quae volunt personam criminosi impetere Vnlesse the parties appeare that will accuse the guiltie person Thus both by Scripture lawes imperiall Canons of bishops Councels provinciall and generall it is evident that no man ought to be condemned without an accuser wherein the course which is taken by the ministring of an oath Ex Officio faileth 4. Clergy men are priviledged not to be examined upon their oath Citra iniuriam questiones testimonium dicunt Cod. lib. 1. tit 6. leg 8. Theodos They must giue their testimony not forced therto by question As they are excepted by this law from torture of body so by the same reason from the forcing of their conscience especially the Bishop should not exact such a compulsiue oath of his Clergie Nullus Episcopus Clericos suos nisi forte quibus Ecclesiasticarum rerum dispensatio commissa fuerit sibi iurare compellat Caus 22. 5. 23. Placuit ut nullus Episcopus quenquam Clericorum iudicare aut condemnare presumet nisi accusatus legitimos accusatores habeat Wee think fit that no Bishop do iudge or condemne any of the clergie unlesse the party accused haue lawful accusers present This also is agreeable Inter decret ab Adrian collecta to the Apostle Against an Elder or a Presbyter receiue no accusation but under two or three witnesses 1. Tim. 5. 19. But now in Ecclesiasticall proceedings there is no respect had to the reverent calling of preachers but they are indifferently put to the oath neither is there an accuser produced 5. The Prophet Ieremy would haue us to sweare in iudgement Ierem. 4. 2. that is not rashly but deliberately and advisedly but they which are examined upon the oath can not sweare in iudgement because they know not the articles before to consider of them but they that sweare make a present and direct answer they know not to what This is also contrary to that decree Latran sub Innocent 3. c. 8. Contra quem facienda est iniquisitio c. exponenda sunt illi capitula de quibus fuerit inquirendum ut facultatem habeat defendendi seipsum c. He against whom inquisition is made must haue the points declared unto him whereof hee is to bee exaamined that he may haue power to defed himself Ergo the oath ex officio is not according to iudgement 6. VVe must sweare also in righteousnesse Ierem. 4. 2. But so doe not they which take the oath ex officio because they are forced to accuse and bretray their brethren which is against the law of charitie and righteousnes In which case a man should bee resolved to say with Ambrose prius est ut animam mihi quam fidem auferat I wil sooner loose my life then my faith 7. It is against the Law to force a man to produce witnesses against him self Nemo contra se cogitur testes producere Cod. lib 4. tit 20. leg 6. Ergo it is against the law for a man to be forced to be a witnesse against him selfe 8. By the ciuill law a witnesse produced against his will must not carcerali custodia detineri c. Be commited to prison nor deteyned aboue 15. dayes Cod. l. 4. 20. 15. But they which are produced to testifie against themselves are committed to prison and kept not onely 15. dayes but so many weeks and moneths till they submit themselves to the oath 4. The Scripture saith in the mouth of two or three witnesses shall every word stand 2. Cor. 13. 2. Hereunto agreeth the civill law vox unius vox nullius the voyce of one is the voyce of none Cod. l. 4. tit 20. l. 8. Constan And the canon law Vnius testis responsio omnino non audiatur one witnesse is not to bee heard Caus 4. q. 3. c. 2. If one witnesse is not to be accepted much lesse where no witnes is should any be condemned 10. The same party should not be both accuser and iudge our Saviour to whom as a iudge they presented the adulterous woman would not condemne her without accusers Ioan. 8. The Canons agree Nullus praesumat Cans 4. 44 c. 1. 2. accusator simulesse iudex Let none presume to be accuser and judge Fabian epist 1. Damasc ep 3. c. 7. Concill Oxoniens sub Steph. But in urging the oath ex officio the Iudge and Court are accusers VVherefore O most noble King 1. seing the oath ex officio should bee in waighty not common in civill rather then in criminall causes 2. seeing it should be used but when other proofes faile 3. And that an accuser should be produced 4. And the Ministers by law are priviledged 5. Seeing such cannot sweare in iudgement not knovving the articles obiected 6. nor in righteousnesse being forced oftentimes to accuse their brethren 7. Neither should a man be forced to

tela divexi sed ad Russin meo tantum vulneri admovi manum Lastly wee note our brethrens oversight 4. observat in their manner of proceeding in publique impugning what was secretly intended and in proclaiming to the world that which only we presented to your Maiesty And whereas our brethren suggest that soone after this our petition and motion being made were sent forth Epist p. 3. into all quarters of the Realme store of the sayd pretended Petitions It is true may is please your Maiesty that no copies of the sayd petition were delivered to any beside our selues excepting that only which was exhibited to your Maiesty since which time no copies at all were dispersed into any quarters of the realme much lesse into all neyther before were any hands required to it but only consent So that notwithstanding these pretenses our brerhren are found to bee troublers of the state not the petitioners and to haue blowne the coales and kindled the flames which wee goe about to quench Wherefore wee humbly desyre your Maiestie that it bee not imputed to vs as a presumptuous part to answer for our selues being provoked neyther preiudiciall to the conference determined wee may verily say with Hierome si superbum Ad Theoph. sit respondisse multo sit superbius accusasse If it be a proud thing modestly to answer much more insolently to accuse Besyde as is our Brethrens cause such are theyr proofes they haue inmayntenāce The Censurers sparing in their proofs out of Scripture of theyr fāsies throughout theyr boke alledged but one text of scripture for any matter in question betweene vs which are about the number of thirty seueral points so that wee may say vnto them in Augustines words Qui divina testimonia non sequuntur pondus humani testimonij perdiderunt They which follow not the divine testimony haue lost the credit of their owne Now we humbly commend the innocency of our felues and the goodnesse of our cause to your Maiesties Christian iudgement we sue for nothing but wherein Gods word doth beare us out whereof your Maiesty hath given us hope and for the which we doubt not but to answer for our selues in the presence of God We trust that God hath raised your Maiesty up as another David to settle the pillars of the earth Psal 73. 3. that were shaken and as the Prophet sayth to take off the heavy burthens Esay 58. 6. burthenous ceremonies burthenous censures burthenous abuses which many haue a long time groned under Augustine to this purpose sayth well handling these words of the Psalme They haue ploughed upon my In Psa 128. back Ascende in dorsum meum portare te habeo c. Nunquid semper super dorsum meum eris veniet tandem qui te inde excutiet And he is now come wee trust which shall breake these yokes and God we are perswaded will inable your Maiesty to do that which shall bee acceptable to himselfe profitable to his Church comfortable to your own soule that we may all salute your Maiesty with the salutation of the Church of David Psa 20. 4. 5 the Lord grant thee according to thine heart and fulfill all thy purpose that we may reioyce in thy salvation set up our banner in the house of God when the Lord shall performe all thy petitions that we may all triumphātly say of your Maiesty as Ambrose of Ambr. Theodosij fides the good Emperour Theodosius Iacobi regis fides nostra victoria Your Maiesties most faithfull subiects The humble Petitioners the Ministers and Preachers that desire reformation according to the word of God THE ANATOMY OF THE CONTROVERSED CEREMONIES OF THE CHVRCH OF ENGLAND BEEING considered in their Nature and Circumstances By Iohn Sprint Minister of Thornby in GLOCESTERSHIRE 1 Beginning 1 Blinde zeale and superstition as the Fountaine 2 Tradition as the streame and Channell 3 Popish Masse-booke as the puddle 2 End 1 Of inventing 1 To please Iew and Gentile by a perverse imitation 2 To paint Gods Worship with a needlesse adornation 2 Of maintaining 1 To claw and curry favour vvith Papists Atheists c. 2 Vo uphold our Church corruptions 1 Lordly Prelacie 2 Non-residency 3 Dumbe Ministery 3 To snare the faithfull professor 4 To nourish the carnall Gospeller 5 To thrust out the faithfull Teacher 6 To keepe out Christs Discipline 3 Persons 1 For them 1 Ordaining 1 Sathan inspired them 2 Man invented them 3 Fathers by tradition delivered them 2 Commanding and enforcing them 1 The Beast 1 Antichrist 2 His Bishops 2 Man 1 The Magistrate abused 2 Lordly Prelates abusing 3 Defending 1 Popish Champions 2 Dignified Chaplins alias Chop-livings 3 Covetous Chancellors 4 Ambitious Pluralists 5 Symonaicall Patrons alias Latrons 4 Approving 1 Impious Atheists 2 Ignorant Papists 3 Dumbe Homilists 4 Temporizing Statists 5 Povvling Registers 6 Provvling Paritors 7 Prating Proctors 8 All prophane livers 2 Against them 1 Refusing the most faithfull painfull blessed 1 Pastors 2 Exiles 3 Martyrs 2 Disliking the most zealous and godly people of all sorts 3 Disproving the most sincere learned forraine English 1 Writers 2 Preachers 4 Rejecting the purest and best reformed Churches 4 Matter 1 Negatiue No ordinances or commandements of God 2 Affirmatiue 1 Mans 1 Inventions 2 Precepts 3 Traditions 2 Antichrists 1 Idols 2 Will-vvorships 3 Reliques 5. Manner of urging maintaining 1 Reasoning 1 Cavilling 2 Railing 3 Slandering 4 Stirring up the Magistrate 1 Against the Innocent 2 Against their Brethren 2 Censuring 1 Suspending 2 Excommunicating 1 For a trifle 2 For things good 3 Ipsofacto 3 Deposing depriving degrading of 1 Law 2 Living 3 Ministery 6 Qualitie 1 Needlesse and superfluous because 1 Added to Gods perfect Ordinances 2 Gods Church worship may be without them 3 Not required of God nor having any speciall or generall ground out of the Word 2 Vnprofitable because they 1 Edifie not Men. 2 Glorifie not God 3 Serue not in the Church 1 For Order 2 For decencie 3 Hurtfull unto the 1 Weake by offence 2 Ignorant by superstition 3 Popish by Idolatry 4 Brethren by dissention 5 Godly by 1 Inward griefe 2 Outward persecution 6 Schismatickes by separation Occasioned 4 Wicked against the 2d. commandement 1 In disgracing the Sacraments Worship of God 2 In being defiled with superstion and Idolatry 3 In being the monuments of Idolatry 4 In being Will-worships 5 In bringing into Gods Worship the manner of 1 Iewes 2 Gentiles 3 Hereticks 4 Papists 6 In being symbolicall or signifying holy signes of mans invention Effect 1 In the persons for them 1 Prescribers and maintainers 1 Privation or abolishing of good namely of 1 Of Christian liberty to bind the conscience 1 Where God hath not tied 2 Where Christ hath freed 3 Vnder the same censures are greater penalty and strictnes then the breach of Gods commandements 4 Not to do that 1 Which is agreeing to the Word 2 which

Petit. p. 24. Answ 1. The 52. canon of the Laodicene Councell which decreeth that marriage should not bee solemnized in Lent doth no more shew that the restraint of marriage is not superstitious then because can 24. mention is made of 7. Ecclesiasticall orders and can 48. of chrisme to bee used after baptisme it might be inferred that neither are these observations popish VVe count not onely those corruptions popish which the pope in his ruffe invented but those of Elder time which hee hath retayned and seing the mysterie of iniquitie wrought in the Apostles time it is no marvaill if it wrought in the time of this Councell 2. This canon obiected maketh but one restraint of Marriage in time of lent but the Church of Rome brought in three frō More times of restraint for mariage observed in Englād then in the popish Church Advent to the Epiphany from Sepauagesima to the octaves of Easter from the Rogatiō week to the octaues of pētecost all which times are strictly urged in Engl. still And yet the last time interdicted at Pentecost the Tridentine Chapter hath dispensed with Ses 24. cap. 10. So that heerein Protestants are more superstitious then Papists 3 This canon for restraint of marriage had but a superstitious beginning it was prohibited against such festivals because of the holinesse of the time so that these absur dities follow that marriage is a disgrace to these times which the Apostle calleth honorable Heb. 13 4. And that some time are more holy then other contrary to the Apostle Galath 4. 10. And if marriage bee not fit to be solemnized then all matrimoniall duties might as well bee forbidden and so married persons should bee forced to forbeare and to absteine the third part of the yeare who iudgeth not how inconvenient this would be 4. But seeing marriage in these times may bee lawfull by dispensation to what other use serued that canon then to draw advantage to their purses If they can make it lawfull for mony to some as well may the parliamēt make it lawful to all persons without money And so the Petitioners request is resonable that day of fast onely excepted this al other Popish inconvenient canons should bee abrogated according to the statute of Henry 8. that such canons as by the 32. Commissioners to be nominated by the king should be found contrary to the word of God and the law of the land be abolished This acte was made ann Henry 8. 25. c. 19. repealed ann 1. 92. of P M. reviued ann Eliz. 1. c. 1. VVe desire onely the execution of it 7. of the long somnesse of Ecclesiasticall suites Obiect IT is not the fault of the Court or Iudge c. but some time the error of pleading the intricatnesse of the cause cunning of proctors c Answ 1. None of these pretenses can excuse the length of sutes 1. If the error Cod. lib. 2. tit 28. c. 1. be in the forme of pleading let Constantins law take place Iuris formulae te aucupatione syllabarum amputentur They sbould not stand soe strictly vpon termes and querks of lawe but goe directlie to the equitie of the cause as Innocent wrote to the Bishop of Hereford Non secundum formam Lateranens par 7. c. 13. in literis expressam sed secundum vigorem iustitiae iudicandum Iudge not according to the termes of the letter but after the tenure of iustice 2. If the fault be in the advocate let Iustinians law be executed Cod. lib. 3. tit 1. c. 11. Puniatur in duab libris auri Let a fine be set on his head 3. If the proctors trifle and make vnnecessary pleas let Theodosiꝰ law be revived that the iudge may remoue thē ab executione from their practise vt sciant causas à se non esse deludendas that they may learne not to delude causes 4. If the Clients be perverse Cod. lib. 3. tit 3. c. 2 and absent themselues Iustinian also hath taken order for that The Iudge may determine the suite in their absence and against their willes 2. Now for the time to be limited for the determination of suites the ciuill law prescribeth two yeares for criminall causes three years for ciuill pecuniarie suits The canon law also setteth for the Extav com lib. 1. tlt 9. c. 1. Sixtus 4. hearing of Ecclesiasticall suites betweene partie and partie two yeares But this is to bee presupposed in most difficult and intricare causes for the determining of some other civill or criminall a lesse time is limited as the space of 20. dayes Sciant Cod. lib. 1. t. 5. leg zeno Iudices intra viginti dierum spatium debere se prefata litigia postquam orta fuerint terminare And generallie this respect of Clergie mens suites Vt disceptatio litis Cans 11. q. 1. c. 45. duorum mensium spatium non excedat They should not exceed two monethes It were to be wished that some of these lawes What time may be thought meet to be limited for the detaining of suites were restored that a certaine time should be prefixed for a finall end of suites A yeare or two at the most might suffice for the deciding of the most intricate causes Now the Iudge Register advocate proctor are all agreed to prolong suits for their aduantatage and so as the prophete saith they wrape it vp Mic. c. 7 3. But the chiefe fault is in the Iudge who might abridge suits if he would And therefore Iustinian punisheth the Iudge in 10 Cod. lib. 1. tit 1. leg 11. pound of gould that determineth not causes within the time prescribed Leo the 10 decreeth thē to be excōmunicate Iudices causas coram eis pendentes sub poena excōmunicationis terminare debent The like Latran sub Leon. 10. sess 11. course if it were taken with our Ecclesiastical Iudges the whole kingdom would soone finde great ease 8. Of the oath ex officio Object THE oath ex officio is used as it ought to be by men of wisdome experience conscience c. Answ p. 25. Answ The oath ex Officio wee desire that it were in Ecclesiasticall courts more sparingly used or rather never used and in these poynts reformed wherein we think it is enforced contrary to the word of God and the law of this land 1. The oath whereby a man is forced to accuse himselfe should not be used in ordinarie proceedings and in trifling and common causes as now it is but in weightie and great matters which tend to the disturbance of the common peace or are against the State such as are handled in the most honourable Court of the Starre-chamber and it should bee used rather in civill causes then canonicall as in matters of trust Exod. 22. 11. And so by the Imperiall law in actione depositi a man might be onerated with an oath Cod. lib. 4. tit 1. leg 10. So in action of debt the debter might be put to his