78 OF THE PACIFICATION OF THE CHURCH. 



less use of the official s court, whereof there is now 

 so much complaint : and causes of the nature afore 

 said being only drawn to the audience of the bishop, 

 it would repress frivolous and prowling suits, and 

 give a grave and incorrupt proceeding to such causes 

 as shall be fit for the court. 



There is a third point also, not of jurisdiction, 

 but of form of proceeding, which may deserve 

 reformation, the rather, because it is contrary to 

 the laws and customs of this land and state, which 

 though they do not rule those proceedings, yet may 

 they be advised with for better directions ; and that 

 is the oath &quot; ex officio :&quot; whereby men are enforced 

 to accuse themselves, and, that that is more, are 

 sworn unto blanks, and not unto accusations and 

 charges declared. By the law of England no man 

 is bound to accuse himself. In the highest cases of 

 treason, torture is used for discovery, and not for 

 evidence. In capital matters, no delinquent s an 

 swer upon oath is required ; no, not permitted. In 

 criminal matters not capital, handled in the star- 

 chamber, and in causes of conscience, handled in the 

 chancery, for the most part grounded upon trust 

 and secrecy, the oath of the party is required. But 

 how ? Where there is an accusation and an accuser, 

 which we call bills of complaint, from which the 

 complainant cannot vary, and out of the compass of 

 the wh ich the defendant may not be examined, ex 

 hibited unto the court, and by process notified unto 

 the defendant. But to examine a man upon oath, 

 out of the insinuation of fame, or out of accusations 



