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1316 [1316]

K. Henry. 8. The aunsweres of Iohn Lambert, to the Bishops Articles.

when he shall appeare in the general dome 

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I.e., Judgement Day.

) be verified where so euer is a dead carion, thether will soone bee assembled Egels. MarginaliaLuke. 7.That is to wit, where so euer is declared by the course of Scripture, the benefites and commodities graunted to vs by Christes death, thether will mē seeke and flye, to know how they may enioy & attayne them, whiche I beseche hym to graunt vs. Amen.

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¶ Aunswere to the. 37. Article.

MarginaliaTo the 37. article.
Touching the authoritie of the Councell of Constance.
In the xxxvij. where you do aske, whether I beleue that the same thyng, whiche the Councell of Constāce representyng the vniuersall Churche hath approued, and doth approue for the mayntenaunce of fayth and soules health, is to be approued, and holden of all Christen people: and that which the same Councell hath cōdemned and doth condēne, to be contrary to fayth and good maners, ought of the same Christen people to bee beleued and affirmed for a thyng condēned? I say, that what soeuer the same Councell, or any other haue approued, beyng approbation or allowance worthy, is of all Christen people to be lykewise approued, holdē, and allowed. And agayne, what soeuer the same or any other hath condemned, beyng reprofe and condemnatiō worthy, for bycause it is hurtfull to fayth, or good lyuyng, I say, the same ought of all Christen people to be condemned and reproued. But this surmounteth my knowledge, to discerne, in what wise theyr iudgement passed: whether with ryght, or vnryght, for because I neuer looked vpon theyr Actes, neither do I greatly couet for to do: wherfore I referre the determination to them, that haue better aduised theyr doinges, and therby haue some more skill in them, then I.

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¶ Aunswere to the. 38. Article.

MarginaliaTo the. 38. article.In the xxxviij. you demaunde, whether the condemnatiōs of Iohn Wickleffe, Iohn Hus, and of Hierome of Prage, done vppon their persons, bookes, and documentes, by the holy generall Councell of Constance, were duely & rightfully done, and so for such, of euery catholicke person, whether they are to be holden & surely to be affirmed? I aūswere, that it passeth my knowledge, and I can not tell: thynkyng surely, that though I am ignoraunt of the same, so that I can not discusse the thyng determinatly, yet my Christendome shalbe therefore neuer the lesse, & that I and all Christen mē may well suspend our sentence beyng therof ignoraūt, affirmyng neither the one, ne the other, neither yea, nor nay.

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¶ Aunswere to the. 39. Article.

MarginaliaTo the. 39. article.In the xxxix. you aske whether I beleue hold, and affirme that Iohn Wickleffe of England, Iohn Hus of Boheme, and Hierome of Prage, were heretickes, and for heretickes to bee named, and their bookes and doctrines to haue ben and now be peruerse, for the which bookes and pertinacitie of their persons, they are condemned by the holy Councell of Constance for heretickes? I say, that I know not determinately whether they be heretickes or no, ne whether their bookes bee erroneous or no, ne whether they ought to be called heretickes or no.

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¶ Aunswere to the. 40. Article.

MarginaliaTo the 40. article.In the. xl. where you aske, whether I beleue and affirme, that it is not lawful in any case, to sweare? I say, that I neither so do beleue, ne affirme, ne neuer did.

¶ Aunswere to the. 41. Article.

MarginaliaTo the 41. article.In the. xlj. where you aske, whether I beleueþt it is laufull at the commaundement of a iudge, to make an othe to say the truth, or any other othe in a case conuenient, and that also for purgatiō of infamy? MarginaliaAn oth before a iudge in a cause cōuenient, lawfull.I answere, that I neuer sayd the contrary: but that I thinke and haue thought it lawfull to giue an othe afore a iudge, to say the truth, if the iudge so requyre, and that by request lawfull and conuenient. As when a thing is in cōtrouersie betwixt two persones, and therupon they sue MarginaliaHow an oth ought to be required of a iudge, and how it may be geuē before a iudge.vnto a iudge for sentence, when the iudge can none other wyse boult out the truth, he may requyre an othe. As when the two women, which contended before Salomon, to auoyde the crime of murder, whiche the one had committed in oppressinge her child to death, and would haue put the same vpon the other, if Salomon could not by his wisdome other wyse haue inuestigated the truth, he might (I suppose) for to come by the more certeyne information of the thing, haue caused one of them or both, seyng it expedient for hym, to sweare, wherein the women had ben bounde to obey hym. MarginaliaOuer much vse of othes in Courtes reprehended.
Iudges must be spare and warie in requiring othes.
But iudges had neede to be spare in requiring of othes: For in customable or ofte Iuries, crepeth in alway betwixt times some periury, as sheweth Chrysostome in words semblable to these, & things precious, thorow oft haunt or occupying, loseth their estimation. MarginaliaWhere many othes be, there is some periurie.And so reuerent othes vnaduisedly required for euery trifle vsually, do cause men to regarde litle for making of them, yea, and I feare, to breake them.

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Therfore in Almain, they haue made of late (as I haue heared say by credible persones which haue come from thence) many notable ordinances for the common wealth within a while, and amonges other this is one: MarginaliaThe vse and maner of Germaines in causes iudiciall.If a man be set for to enter plee agaynst an other in any towne, the Peeres therof afore whom all actions are vsed to be debated, hearing suche a plee entred, shall call the parties priuatly together, before they come into any open court. And the matter examined, they shall exhort them to let the plee ceasse without further proces, shewing thē the great dammage both godly & worldly, commyng of wagyng the lawe, and the great ease and commodity, that is in agrement and concorde. MarginaliaFruit of the Gospell in Germany.Which exhortacion they vse to shewe with so greate grauitye, and fatherly loue (suche wonders are wrought where the Gospell hath free passage) that very fewe will commence plee. MarginaliaIn Germany few controuersies come to the open court, but commonly are cōpounded at home.And though any plee be cōmenced, through such sage admonition, it falleth lightly to sequestration and arbitremēt of neyghbours, who doe set the suters at vnitye, ere the matter doo come to discussion in open court. Notwithstanding if some be so weywardly minded (as in a multitude all are not one mans children, & therfore vnlike of intent) that they will needes procede and folow the lawe, they shall be heard to speake their matters in opē court, and taught as the matter is moost lyke to succeede, counsailled with newe exhortation to stoppe theyr proces. If they will not be perswaded, and then the iudges seyinge the matter so ambiguous that they can not geue perfecte sentence therin, excepte by vertue of an othe made by one of the parties, they be fyrst better certified. MarginaliaCustome among the Germaines of taking othes.Then will they shew the same before the suters, declaring what a chargefull thing it is to geue a solemne oth for loue of winning some worldly profyt: and howe (vnlesse such as shall make it, be the better ware to eschew þe same) they shall, beside an euill ensample geuing to a multitude, worke thē selues happly shame or dishonesty. Vpon this, they shall geue respit vntill a certain day apointed. So that in the meane whyle the suters may take deliberation therof, what is best to be done. If after this, they will not thus reste, at the daye appoynted, shall they come forth into a commō place, and the great Bel of the City caused to be ronge, wherby the people shalbe warned, what they are about to do: and the people assembled, the iudges shall in full chargeable & lamentable wise, charge þe parties, vnder vertue of their othe, to make true relation of that shall be demaunded. MarginaliaIurye and swearing well excluded out of Germanie.So that by reason of sobre and fatherly exhortations made of the iudges or peeres of þe towne, and perswasion of neyghbours, and for auoydynge of Gods displeasure, and shame of men there is litle sute in courtes: and if at any tyme, any be made, they bee lightly stopped. So that Iurye and swearing is well excluded and neede not much to bee required.

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This haue I shewed, because it pytyeth me to heare and see the contrary vsed in some of our nation, & such also as name them selues spirituall men, and should be

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