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Yet in some cases contradictory voyces equall in number, may determine a question; as in condemning, or absolving, equality of votes, even in that they condemne not, do absolve; but not on the contrary condemne, in that they absolve not. For when a Cause is heard; not to condemne, is to absolve; but on the contrary, to say that not absolving, is condemning, is not true.
1 The first article or point was, that he should séeke to mainteine holie church. 2 The second, that he should cause rightfull lawes to be executed. 3 The third, that he should condemne no man without lawfull processe. 4 The fourth, that he should restore the lands, goods and heritages to those rightfull owners from whome he had taken them by any wrong or vnlawfull meanes.
For Reginald Scot, in the eighth chapter of Discoverie of Witchcraft, alludes to the passage in question in the following terms: "Cardanus writeth that the cause of such credulitie consisteth in three points: to wit in the imagination of the melancholike, in the constancie of them that are corrupt therewith, and in the deceipt of the Judges; who being inquisitors themselves against heretikes and witches, did both accuse and condemne them, having for their labour the spoile of their goods.
Beholde the beginninge of daunses, togeather with their fruits and properties, which if they be well considered, and deeply waighed by sound and rype understandinge, it will not, or shall not bee thought straunge & maruailous, that I condemne them, hauing indeede on my syde as well the authority of the doctors of the Church, as of the fathers which were found or present at certayne auncient, and olde councels.
But such as condemne them for false, and speake most against their vse cannot giue other that should serue for nauigation to better purpose and effect. Amen. Your Maiesties most humble subiect William Burrough.
Atwaters vpon suspition, and hee was troubled in his sleepe aboute witches when his boye, was sicke, wch was in a verey strang manner, and hee looked vpon her as a mallitious one, and prepared to that mischiefe, and she would be often speaking aboute witches and rather justifye them then condemne them; she said why doe they provoake them, why doe they not let them come into the church.
And staiyng upon this talke, and somewhat standyng in a studdie, saied moreover, if I thought I should not offende, I woud tell my opinion, but I beleeve I shall not, commonyng with friendes, and to dispute of thynges, and not to condemne them. Unto which Cosimo answered.
But they are unjust and over partiall, that will goe about to exact that from me which I owe not, with more vigour than they will exact from themselves that which they owe; wherein if they condemne me, they utterly cancell both the gratifying of the action, and the gratitude, which thereby would be due to me.
Therefore it is meere simplicitie to condemne a thing you never approve, neither by yourselfe nor any other. Why doest thou complaine of me and of destinie? Doe we offer thee any wrong? is it for thee to direct us, or for us to governe thee? Although thy age be not come to her period, thy life is. A little man is a whole man as well as a great man.
If you refuse to execute your office I shall confesse my act unto the Judg And soe condemne you of partiality. My Sonn knowes this is truth. Y. M. I must acknowledge Mr. Alexander oft did instigate me To kill him. Con. Sir, you must clere your selfe of this. Alex. Who? I? Goe, take the babe from its Mothers teat and taxe him with this crime. I accessary to a murder! goe to. Con.
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