A67926:3309
Acts and monuments of matters most special and memorable, happening in the Church. [vol.…Actes and monuments of matters most speciall and memorable, happenyng in the Church. [vol.…
Acts and monuments of matters most special and memorable, happening in the Church. [vol. 2, part 1] with an universal history of the same, wherein is set forth at large the whole race and course of the Church, from the primitive age to these latter times of ours, with the bloody times, horrible troubles, and great persecutions against the true martyrs of Christ, sought and wrought as well by heathen emperors, as now lately practised by Romish prelates, especially in this realm of England and Scotland. Newly revised and recognised, partly also augmented, and now the fourth time again published and recommended to the studious reader, by the author (through the help of Christ our Lord) John Fox, which desireth thee good reader to help him with thy prayer.Actes and monuments of matters most speciall and memorable, happenyng in the Church. [vol. 2, part 1] with an vniuersall history of the same, wherein is set forth at large the whole race and course of the Church, from the primitiue age to these latter tymes of ours, with the bloudy times, horrible troubles, and great persecutions agaynst the true martyrs of Christ, sought and wrought as well by heathen emperours, as nowe lately practised by Romish prelates, especially in this realme of England and Scotland. Newly reuised and recognised, partly also augmented, and now the fourth time agayne published and recommended to the studious reader, by the author (through the helpe of Christ our Lord) Iohn Foxe, which desireth thee good reader to helpe him with thy prayer.
London: printed by John Daye, 1583London: printed by Iohn Daye, 1583
No title page in the transcription: set from the catalogue record.
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
¶In the xlj. where you ask, whether I believe, that it is lawful at the commandment of a judge, to make an oath to say the truth, or any other oath in a case convenient, and that also for purgation of infamy,1 I answer that I never said the contrary: but that I think and have thought it lawful to give an oath afore a judge, to say the truth, if the judge so require, and that by request lawful and convenient. As when a thing is in controversy betwixt two persons, and thereupon they sue unto a judge for sentence, when the judge can none otherwise bolt out the truth, he may require an oath. As when the two women, which contended before Solomon, to avoid the crime of murder, which the one had committed in oppressing her child to death, and would have put the same upon the other,2 if Solomon could not by his wisdom otherwise have investigated the truth, he might (I suppose) for to come by the more certain information of the thing, have caused one of them or both, seeing it expedient for him, to swear, wherein the women had been bound to obey him. But Judges have need to be spare in requiring of oaths: For in customable or oft Juries, creepeth in alway betwixt times some perjury, as showeth Chrysostom in words semblable to these, and things precious, through oft haunt or occupying, loseth their estimation. And so reverent oaths unadvisedly required for every trifle usually, do cause men to regard little for making of them, yea, and I fear, to break them.
¶In the xlj. where you aske, whether I beleue, that it is lawful at the commandement of a iudge, to make an oth to say the truth, or any other othe in a case conuenient, and that also for purgation of infamy,1 I answere that I neuer saide the contrary: but that I thinke and haue thought it lawful to giue an oth afore a iudge, to say the truth, if the iudge so require, and that by request lawful and conueniēt. As when a thing is in controuersie betwixt two persons, and therupon they sue vnto a iudge for sentence, when the iudge can none otherwise boult out the truth, he may require an oth. As when the two women, which contended before Salomon, to auoyde the cryme of murther, which the one had comitted in oppressing her child to death, and would haue put the same vpon the other,