An apologie for sundrie proceedings by iurisdiction ecclesiasticall, of late times by some chalenged, and also diuersly by them impugned By which apologie (in their seuerall due places) all the reasons and allegations set downe as well in a treatise, as in certaine notes (that goe from hand to hand) both against proceeding ex officio, and against oaths ministred to parties in causes criminall; are also examined and answered: vpon that occasion lately reuiewed, and much enlarged aboue the first priuate proiect, and now published, being diuided into three partes: the first part whereof chieflie sheweth what matters be incident to ecclesiasticall conisance; and so allowed by statutes and common law: the second treateth (for the most part) of the two wayes of proceeding in causes criminal ... the third concerneth oaths in generall ... Whereunto ... I haue presumed to adioine that right excellent and sound determination (concerning oaths) which was made by M. Lancelot Androvves ....

Title

An apologie for sundrie proceedings by iurisdiction ecclesiasticall, of late times by some chalenged, and also diuersly by them impugned By which apologie (in their seuerall due places) all the reasons and allegations set downe as well in a treatise, as in certaine notes (that goe from hand to hand) both against proceeding ex officio, and against oaths ministred to parties in causes criminall; are also examined and answered: vpon that occasion lately reuiewed, and much enlarged aboue the first priuate proiect, and now published, being diuided into three partes: the first part whereof chieflie sheweth what matters be incident to ecclesiasticall conisance; and so allowed by statutes and common law: the second treateth (for the most part) of the two wayes of proceeding in causes criminal ... the third concerneth oaths in generall ... Whereunto ... I haue presumed to adioine that right excellent and sound determination (concerning oaths) which was made by M. Lancelot Androvves ....

Author

Cosin, Richard, 1549?-1597.

Publication

Imprinted at London :: By the deputies of Christopher Barker, printer to the Queenes most excellent Maiestie,

[1593]

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Subject terms

Morice, James. -- Briefe treatise of oathes exacted by ordinaries and ecclesiasticall judges, to answere generallie to all such articles or interrogatories, as pleaseth them to propound -- Controversial literature -- Early works to 1800.

Ecclesiastical courts -- Great Britain -- Early works to 1800.

Link to this Item

https://quod.lib.umich.edu/e/eebo/a19394.0001.001 content_copy

Cite this Item

"An apologie for sundrie proceedings by iurisdiction ecclesiasticall, of late times by some chalenged, and also diuersly by them impugned By which apologie (in their seuerall due places) all the reasons and allegations set downe as well in a treatise, as in certaine notes (that goe from hand to hand) both against proceeding ex officio, and against oaths ministred to parties in causes criminall; are also examined and answered: vpon that occasion lately reuiewed, and much enlarged aboue the first priuate proiect, and now published, being diuided into three partes: the first part whereof chieflie sheweth what matters be incident to ecclesiasticall conisance; and so allowed by statutes and common law: the second treateth (for the most part) of the two wayes of proceeding in causes criminal ... the third concerneth oaths in generall ... Whereunto ... I haue presumed to adioine that right excellent and sound determination (concerning oaths) which was made by M. Lancelot Androvves ...." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A19394.0001.001. University of Michigan Library Digital Collections. Accessed April 30, 2024. content_copy

Contents

• title page
• THE GENERALL Preface, conteining the Occasion, and generall distribution of this Treatise following, before it was meant to make it publike.
• An Epistle to the Reader, contey∣ning the occasion of the publication of this Apologie, with a generall delinea∣tion of two Treatises written a∣gainst the scope of some part of the same.
• THE CONTENTS OF the seuerall Chapters of the First part.
• THE FIRST PART OF an Apologie of certeine proceedings in COVRTS ECCLESIASTICALL, wherein is chiefly shewed what matters be inci∣dent to Ecclesiasticall conusance, and so allowed by Statutes, and Common law.
  • CHAP. I. That a seuerall royall assent is not required to the executing of euery particular Canon.
  • CHAP. II. The particular distribution of all other causes to be prooued to be of Ecclesiasticall conusance, besides Testamentarie or Matrimonial, with a discourse of Bishops certificats against persons excommu∣nicate, being a speciall point of their voluntarie Iurisdiction, where there is no partie that prosecuteth.
  • CHAP. III. That matters in the former Chapter adioyned to testamentarie and matrimoniall causes (though properly they be not of testament or matrimonie) are of ecclesiasticall conusance, and howe farre.
  • CHAP. IIII. Generall proofes out of Statutes, that sundry other causes besides Testamentarie or Matrimonial, are of Ecclesiastical conusance.
  • CHAP. V. That suites for title of Benefices vpon Voidance or Spoliation: like∣wise that suites for tythes, Oblations, Mortuaries, &c. for Pensi∣ons, Procurations, &c. are of Ecclesiasticall Iurisdiction, is proo∣ued by statutes.
  • CHAP. VI. That suites forright of tithes belong to the ecclesiastical Iurisdiction, and how farre, is shewed out of the bookes and reportes of the cōmon lawe: so of places of buriall and Church-yardes, and of Pensions, Mortuaries, Oblations, &c.
  • CHAP. VII. Ofright to haue a Curate: and of contributions to reparations, and to other things required in Churches.
  • CHAP. VIII. Proofes in generall, that sundry crimes and offences are punishable by ecclesiasticall Iurisdiction: and namely, idolatrie, heresie, periurie, or laesio fidei, and howe farre the last of these is there to be corre∣cted: also of disturbance of diuine seruice, or not frequenting of it, and neglect of the Sacraments.
  • CHAP. IX. That simony, vsury, defamation or slander, beating of a Clerke, sacri∣lege, brauling or fighting in Church or Churchyard, dilapidations, or waste of an Ecclesiasticall liuing, and all incontinencie, are pu∣nishable by Ecclesiasticall authority, and how farre.
  • CHAP. X. That the matters and crimes here reckoned bee also of ecclesiasti∣call Iurisdiction: and proofes, that any subiect laie or other, may be cited in any cause ecclesiasticall.
  • CHAP. XI. That Lay men may be cited and vrged to take othes in other causes, then Testamentary or Matrimoniall.
  • CHAP. XII. The grounds of the two next former opinions examined and confuted
  • CHAP. XIII. That iudgement of heresie still remaineth (at the Common law) in Iudges ecclesiasticall: and that the Prouiso touching heresie, in the Statute, 1. Eliz. cap. 1. is onely spoken of ecclesiastical Com∣missioners thereby authorized.
  • CHAP. XIIII. That by the Statute her Maiestie may commit authoritie, and na∣turall borne subiects may take and vse in Ecclesiasticall cau∣ses, attachments, imprisonments, and fines.
  • CHAP. XV. That an Ecclesiasticall person may be depriued of his benefice without enditement or prosecution of partie.
  • CHAP. XVI. That after fortie dayes, an excommunicate person may be otherwise punished, then vpon the writ De excommunicato capiendo: And that the said writ may and ought to be awarded vpon contempts, rising on other originall causes ecclesiasticall, then any of those ten crimes mentioned in the statute 5. Eliz. cap. 23.
  • CHAP. XVII. Of a Prohibition, what it is, where it lieth not, and where it doeth: and how it ceaseth by a Consultation: & of the writ of Indicauit.
  • CHAP. XVIII. An Analysis or vnfolding of the two speciall statutes touching Prae∣munire, with sundrie questions and doubts about that matter, re∣quiring more graue resolution.
• title page
• ¶THE PREFACE, wherein is declared, howe the foure opinions put ouer vnto this place doe fall in with the challenges of the Innouatours; and a generall distribution made of matters to be handled in the second and thirde Parts.
• THE CONTENTS OF the Chapters of the Second part of this Apologie.
• THE SECOND PART of the Apologie published in defence of sundrie proceedings by Iurisdiction Ecclesiasticall.
  • CHAP. I. Containing a distinction of offences, and seuerall kindes and ends in punishing them, with the necessitie of punishments.
  • CHAP. II. There in is shewed how there are two sortes of prosecution of Crimes and Offences; viz. by a Partie and of Office; and the practise of them in Scripture, and in the seuerall Courtes of this Realme declared.
  • CHAP. III. Of the sundry kindes of obiecting Crimes by a partie mentioned in the Ciuill lawe: as by reason of a mans publique charge and fun∣ction: also by way of Exception, Supplication, Cōplaint, De∣lation, and Accusation. The true signification of the worde Ac∣cusatio, his diuers acceptions, definition, and exposition thereof, with some reason of the frequencie of Accusatio in Courtes of the Ciuill lawes, in former times is also declared.
  • CHAP. IIII. That the prosecution of crimes by way of Accusation is in most places forbidden or growne into disvse: the reasons hereof be partly the dangers to the Accusers, and partly the Hatefulnesse of that course. Therein is also declared whether all Accusation be vn∣lawfull; and certaine points deliuered to be obserued by all them, that will accuse others.
  • CHAP. V. Of the seuerall acceptions of this word Officium: the signification of Inquisitio; Quaestio; Crimina ordinaria & extraordinaria; Cognitio ordinaria or perpetua, & extraordinaria: the reason why Enquirie by Office came in place of Accusation: of En∣quirie generall and speciall: Enquirie speciall ex officio nobili si∣ue mero, mixto, & promoto: and the priuileges of proceeding ex mero officio, aboue the other.
  • CHAP. VI. Of Denunciation, a speciall meanes of stirring vp the Office: the manifolde vse thereof in the olde Common weale and Empire of Rome; and at this present on the other side the Sea: the generall acception of that word: foure kindes of Denunciation: how they differ one from another: what is required in them: and when a Denouncer is to be condemned or excused of expenses. And what course of dealing against crimes and offences is holden both in Courts of the Ecclesiasticall commission, and in ordinary Courts Ecclesiasticall in this Realme.
  • CHAP. VII. The Ciuill and Canon lawes allowe sundry meanes to grounde a speciall Enquirie of Office against a crime, besides Accusa∣tion and Presentment: an answere to a supposed Rule: how from Generall, they descend to speciall Enquirie: That besides these two, either a fame, or clamosa insinuatio; or priuate Iudiciall Denunciation; or Canonical Denunciation; or Indicia; or ta∣king with the maner, or other Notorietie of the fact; or Ap∣peachment by some of the Cōplices; or collusion of the Ac∣cuser; or the not obiecting in due time, that euery of these do wāt: or when the Enquirie tendeth but to a spiritual punishment; may seuerally any of them serue, to warrant such Enquirie: with some obseruations touching the nature of most of these.
  • CHAP. VIII. That to proceede sometimes against an offence, otherwise then vpon an Accusation or Presētment, or then vpon an Appeale or Endite∣ment (which two at the common lawe haue respectiue correspon∣dence vnto the two former) is no diuerse, much lesse any Contra∣rie or repugnant course to the lawes, statutes, and customes of this Realme. This is proued by common lawe, statutes, and practice in proceeding informatiue and punitiue: with answeres to certaine obiections made to the contrary.
  • CHAP. IX. The second opinion (here to be treated of) is, that No laie person may be cited of Office in any cause, but Testamentarie or Matrimoniall: the drift of that opinion is against proceeding of Office in matters criminall: the necessarie vse and equitie of proceeding criminallie, sometimes by the Iudges office, in courtes both temporall and ecclesiasticall.
  • CHAP. X. An answere to some further obiections made against the conue∣niencie and reasonablenesse of proceeding against crimes of Office.
  • CHAP. XI. That the lawes of the Realme do vse Enquiries and proceedings ex officio, and that they allow it in Courts Ecclesiasticall, with an∣swere to some obiections that are made to the contrary.
  • CHAP. XII. A Replie to the Note-gatherers answers, giuen to certaine rea∣sons that haue bene made long agone, for to shew the like course to be also practised in temporall courtes: and an answere to his reasons brought to prooue, that in proceeding of Office, there is some contrarietie to the lawes of England.
  • CHAP. XIII. That the Enquirie ex Officio against Crimes, is allowed both in Ciuill or Temporall Courts and in Ecclesiasticall also, by the two Lawes Canon and Ciuill.
  • CHAP. XIIII. An answere to such obiections, as vpon the Ciuill or Canon lawes are brought against all proceeding of Office in causes Criminall by the Treatisour and the Note-gatherer.
  • CHAP. XV. Enquiry and proceeding of Office, rthout an accuser, and grounded vpon some other of the meanes (afore) prooued sufficient to enter into such enquiry, is approoued by sundry examples of Scripture.
  • CHAP. XVI. An answere to such obiections, as out of Scripture or ecclesiasticall writers, be made against criminall proceeding of Office, by the Note-gatherer and others.
• title page
• An Aduertisement vnto the Reader.
• The Contents of the Chapters in this third part.
• The third part of an Apologie for certaine proceedings by Eccle∣siasticall iurisdiction, of late times by some chalenged.
  • CHAP. I. Matters in this third part to be handled: Of the lawfulnesse of Oathes: What an Oath is: and the reason or originall For∣mall cause, of the vse of Oathes.
  • CHAP. II. An answere to certaine doubtes made concerning Oaths; as namely why in Scripture, God is said to haue sworne: how (by Oath) he is said to be called to witnes: an Oath no tempting of God but a part of his worship: why (neuerthelesse) some are repelled from taking Oath: whether Adiuration be lawfull: after whose meaning an Oath is to be vnderstoode: whethere uery Promissorie Oath, bee simply to be kept: whether an Oath may be dispensed with, and how farre: and whether a Christian may (by mutuall Oaths) con∣tract with him, that sweareth by false gods.
  • CHAP. III. Diuision of Oaths according to the outward forme of taking them: according to the matter and inward forme of them: with plaine description of euery kinde of oathe.
  • CHAP. IIII. That the ceremonies vsed in taking and giuing corporall oathes, with laying handes vpon the Bible or Testament, and swearing by the contents of it, are not vnlawfull.
  • CHAP. V. The true issue of the next opinion in question: two sortes of crimes and offences prohibited: in what cases an oath (here spoken of) may not be ministred: and the manifolde conueniencie and ne∣cessitie of an oath (sometimes) to be ministred in a cause crimi∣nall and penall vnto the partie: with some fewe obiections, tou∣ching inconueniencie thereof, answered.
  • CHAP. VI. That oaths of men touching matters dammageable, criminall and penall to themselues, are vrged & exacted by temporal Courts, and by the lawes of this Realme.
  • CHAP. VII. Wherein are conteyned answeres to such obiections and reasons, as bee made for proofe of a contrarietie or repugnancie in these oathes, vnto the statutes, lawes, or Customes of this Realme; and a Replie to the Treatisors answeres, made vnto certaine obiections, supposed likely to be made, in Iu∣stification of this kinde of oath by the temporall lawes.
  • CHAP. VIII. That ministring of such oathes, is by the Lawes of the Realme, al∣lowed vnto Iudges of Ecclesiasticall courts: and some fewe ob∣iections made to the contrary, are answered.
  • CHAP. IX. That such oath touching a mans owne crime is allowed, both by the Canon and Ciuill lawes: howe farre, and in what sort: and that the like is established, and thought equall, by the lawes & customes of sundry other nations, aswell ancient, as moderne.
  • CHAP. X. An answere to some obiections, pretended to be made against this kind of oath, from the lawes Ciuil, or Canon.
  • CHAP. XI. That not onely such an oath may be taken, but also being by Magistrates duely commaunded, ought not to be refused, is approued by Scriptures; by practise of the Primitiue Church; and of late times; together with a Replie vnto certaine an∣sweres, made vnto some proofes here vsed.
  • CHAP. XII. An answere to such obiections, as be pretended to be gathered from Diuinitie, Diuines, and from the Examples of godly men; against ministring oathes vnto parties, in matters of their owne crimes.
  • CHAP. XIII. Foure seuerall opinions of the Innouators, against the parties taking of oath in criminall causes, with answeres also vnto their reasons, and obiections.
  • CHAP. XIIII. That a man being charged by authority to discouer his knowledge tou∣ching some offence which his Christiā brother is supposed to haue done, is bound to reueale it, though it may breede trouble, and punishment to his brother. and the reasons to the cōtrary are answered, & refuted.
  • CHAP. XV. Their arguments are answered, that condemne the ministring & ta∣king of an oath as vnlawful, because they haue not distinct know∣ledge giuen vnto them of euery particular before the taking of it, & the like course (by examples) is approoued lawfull, and godly.
  • CHAP. XVI. That after the partie hath answered vpon his oath, it is neither vnusu∣all, vnlawfull, nor vngodly; to seeke to conuince him, by witnesses, or other triall; if he be supposed, not to haue deliuered a plaine & full trueth: and somewhat also in approbation of Canonicall purga∣tions, with answere to the Treatisours obiections against them.
• The Epilogue vnto him, for whom the first draught of this Apologie, was priuately addressed.
• title page
• NVNQVID PER IVS diuinum Magistratuiliceat a Reo Iusiurandum exigere? Et id, quatenus ac quousque liceat?
• Faults escaped.
  • In the Epistle to the Reader.
  • In the 1. part.
  • In the 2. part.
  • In the 3. part.