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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	king_n	law_n	prerogative_n	3,673	5	10.4433	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A18989	An epitome of certaine late aspersions cast at ciuilians, the ciuil and ecclesistical lawes, the courts Christian; and at bishops and their chancellors Wherein the authors thereof are refuted, and refelled. With an appendix, wherein the ciuill and canon lawes, with the causes of the cognisance or cognition of either of them in the Church or commou-wealth [sic] in the Kings dominions, (what they are), are opened. By VVilliam Clerk, Bach. of the Ciuill Law. The aspersions follow in the next fol.; Epitome of certaine late aspersions cast at civilians	Clerk, William.	1631 (1631)	STC 5406; ESTC S108076	19,221	54

well governed common wealths a very few excepted whereof all-be it sundrie of them by the light of nature haue many rules of the Ciuil law yet if all the lawes of all other Countries were put together none excepted saving the lawes of the Hebrews which came immediatly from God for wisdome grauitie law or equity they come not neare to the law of the Romans whence it is that all other nations saving our owne although they receiue not the Ciuil law wholly for their law yet they honour and admire so much the equity thereof that they interpret their owne lawes thereby For the canon law it followeth What the Canon law is THat it is which is concluded in the Volumes thereof mentioned in the 10 page of the Epitome the Decrees Decretalls Sect clementines Extrauagants But let the Reader be advertised by the way that not all that is concluded in those Volums nor in the Tomes of the Ciuil law before but only the lawes constitutions extrauagants such as are An 〈◊〉 H 8 Cap 19 in an 〈◊〉 England intit An Act of the 〈◊〉 of the Clergie And 〈◊〉 8 H 8 cap 〈◊〉 Act 〈◊〉 Act against the 〈◊〉 〈◊〉 of the 〈◊〉 of R me an act for 〈◊〉 not crossing to the law of God nor adverse to the 4 first generall councells that at Nice That at Constantinople That at Ephesus that at Calcedon Nor contrary nor repugnant to the Royall Prerogatiue of the King Nor yet to the lawes Statuts Customes of his Kingdomes are the lawes we hold and follow for the Ciuil and Canon lawes in the Kings Dominions whereinto they were induced out of their volumes not the volumes themselues where though we reade them because they be not volumed by themselues but lye dispersed here and there amongst the rest therein wee hold not the rest amongst them as wee hold them for the Kings Ecclesiasticall lawes no more then we hold the Apocripha in the Bible though in the Bible for Canonicall scripture with this intimation I descend to the causes of the Cognizance or Cognition of these lawes in the Church or Common-wealth in the King Dominions what they are A Schedule of Such causes or actions of the Church by the Ciuil and Canon lawes as doe atise betweene party and party ordinarily As they call them causes of instance or At instance viz. Debates in 1 Church seruices with-holden from their Chappell 's 2 Ecclesiasticall promotions dignities or benifices 3 Spirituall pensions 4 Tithes 5 Sedile causes or seates in Churches 6 Dilapidations 7 Procurations 8 Testaments 9 Legacies 10 〈◊〉 11 Diuorces 12 Diffamations With their and every of their Incidents and Emergents A Schedule of such causes or actions of the Church as by the Ciuil and Canon lawes doe arise by Accusation Inquisition or Denuntiation Such are against 1 Offences against the act of 20 Elizabeth Cap. 20 for the vniformity of Common prayer c. 2 Pollutions of churches and church yards 3 Fighting or quarrelling in Churches or church-yardes 4 Herisies 5 Schismes 6 Apostasie 7 Idolatrie 8 Violation of the Sabbath 9 Violation of the Interdicts of the Church 10 Excesses in Prelats 11 Excesses in Clarks 12 Sacrilege 13 Sortilege witcheraft Inchantment 14 Laying violent hands vpon a Clerk 15 A Clerk a striker 16 Blasphemye 17 Periury ecclesiast 18 Simonye 19 Vsurie 20 Execrations 21 Imprecations Imprecātes debilitates Naufragia Morbos c. 22 Incest 23 Adultery 24 Fornication 25 Lenocinie 26 Obscenitie or Ribaldrie 27 Drunkennes Non frustra sunt instituta Regis Potestas Cognitoris ius vngulae carnificis arma militis disciplina dominantis seueritas etiam boni patris Habent omnia ista modos causas rationes vtilitates Haec cum rimentur malicoërcentur boni quieti inter malos viuunt Cap frustra 23. q. 5. SVndrie other matters and causes there are some ordinarie some extraordinarie some Ciuil some Criminall of the Conusance of the Ciuill law within the dominions of the King which not of the Cognizance of the Church whervnto this Appendix streights me I set them not in the Schedules thereof And yet for the honour of that learning more satisfaction of the Reader I will point thereat herein no more least it should exceede cōpasse I meane the compasse of an Appendix to so small an 〈◊〉 of which learning let the Reader vnderstand that first the Lord Admirall of the Sea Next the two Vniuersities Cambridge and Oxford haue a larger exercise therein then the Church or other places in the Common-wealth haue to season thereby the professors of that learning there with that practice thereof to make them the apter for such services therein as the Prince his Cōmon wealth at home with Princes and their Common wealthes abroad may require Now where the Nations round about vs farre neare are ruled by the Ciuil law wherein Princes treat with Princes of peace or warre or other Cōmon wealth-affayres by their Ambassadours if not Ciuilians attended by Ciuilians by whom they treat How meanely soever the Penmen of the Theses or positions in the Epitome before or their followers therein hold the Ciuilian his learning how Princes and their Common wealthes esteeme of them their imployments in their services in that learning shew But what doe I point at treaties betweene Princes no ordinarie obiect of the Ciuil law neyther deales it ordinarily but incidently therein by Commission from the Prince So it doth in Martiall affaires in an Armie So it doth in Ensignes and Armes And so 〈◊〉 doth in decisions of rights in Precedencie in Place Honour when such debates doe happen as many times they doe sometimes in the Church sometime in the Common wealth so in 〈◊〉 of like kinde which of the Science of the 〈◊〉 law though not of the practice of it ordinarily for the honour of that learning I could not passe by them and not point at them nor leave vntoucht their honouring that Science whose authorityes for Iudgment all the world honours Latret igitur Criticus quisquis volet modo nunquam latrare desinat Sayeth one of these authorityes of that law Ea est meaning the same nobilis 〈◊〉 iudi 〈◊〉 omnia fine 〈◊〉 〈◊〉 est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 de vas Ipsa est quae 〈◊〉 〈◊〉 non est 〈◊〉 A third Ipsa est quae nobilitat addiscentes And sayeth a fourth And I Cap. 〈◊〉 do 〈◊〉 〈◊〉 Cap. 〈◊〉 〈◊〉 say no more Conduplicat 〈◊〉

EPITOME OF CERTAINE LATE ASPERSIONS CAST AT CIVILIANS THE CIVIL AND ECCLESIASTICAL LAWES THE COVRTS CHRISTIAN AND AT BISHOPS AND THEIR CHANCELLORS WHEREIN THE AVTHORS THEREOF ARE REFVTED AND REFELLED WITH An Appendix wherein the Ciuill and Canon Lawes with the causes of the Cognisance or Cognition of either of them in the Church or Common-wealth in the Kings Dominions what they are are opened BY WILLIAM CLERK Bach. of the Ciuill Law CIC. lib. 2. Tusc. Et refellere sine pertinatia refelli sine iracundia parati sumus The aspersions follow in the next fol. OPVSCVLI DICATIO STVDIOSIS IVRISPRVDENTIAE CANDIDATIS CVPIDAEQVE LEGVM IVVENTVTI HANC OPELLAM QVANTVLACVNQVE SIT GVILILLMVS CLERK DICAT CONSECRATQVE THE ASPERSIONS 1. THat the Ciuilians themselues confesse that the Ciuill law is a Sea full of waues 2. That euery Doctors opinion in that learning is a good authority 3. That the like may be said of the Canon law albeit the text thereof be scarce 400 yeares old 4. That for the space of 300 yeares after Christ the distinction of Ecclesiasticall and spirituall causes from Ciuill and Temporall in point of Iurisdiction was not knowen nor heard of in the Christian world 5. That the Clergy by their Iurisdiction which they had from Caesar got wealth which begot pride which begot their ingratitude to Princes which blotted Caesars name out of the stile of their Courts and called them Courts Christian. 6. That Bishops Chancellors are of late but vpstarts in the world 7. That the sloth of Bishops hath brought them in TO THE READER GEntle and Iudicious Reader if the wisdome of a King and his Parliament in England where the Ciuil and Canon lawes Bishops their Iurisdictions were in discussion thought it not fit the wisdome of the King alone nor with one nor two nor tenne with him of the wisests of the two houses vpper and nether of his Parliament nor vnder two sixteens with the King 32 in the totall the one of Tēporalitie the other of the Clergie should looke into these lawes to what intent I leave the Reader to 〈◊〉 29. H 8. 〈◊〉 19. the Act it selfe Intituled an Act of the Submissiō of the Clergy to the King c. Then weigh his wisdome his wisdome the two wisdomes of our two Authors who alone haue looked into these lawes discerned of them adiudged them their professors The Bishops their Courts their Chancellors with thē who doe execute the same The theses or positions named numbred in the page ensewing next the title page of this Epitome had they infected but some fewe affected to the studie of this learning discouraged them therein it had beene too much But they take impression in some of our Bishops in some of the Kings dominions I except England of whō some wil haue no vicars generalls but doe sit without them in their Consistories where by that occasion whilst they determine thinking they determine well the causes brought before thē they determine ill many times therein whose owners thereby somtimes the widow sometimes the Orphan somtimes both do suffer amongst others And no maruell why For though Persons things and Actions all that lawes doe handle or can handle in the generall are but 3 for whatsoever law we vse consists in one of these 3 Persons things or actions yet there is in each of these so many points of learning in the law that without the reading or practice thereof or both can no man Iudge aright Iudge he may and Iudge aright as he that shootes hits a marke he sees not so the blinde man hits the Crowe as the prouerbe is a fearefull adventure in Iudgment will a man adventure a riuer he knowes not and knowes there is a danger in it but knowes not where abouts without a guide A wise man will not some ventrous doe but die or live as they hit or misse the danger dayly experience teacheth this in waters more frequent in Iudgments wherein the wisdome of the law hath set a guide to guide him in Iudgment in matters of Iudgment of the Church in whō it invests the same in his person place or dignity and hath not the law nor the practice of it to Iudge accordingly by his profession as our Reuerend Fathers the Bishops meere divines haue not And therefore haue or ought to haue their Vicars generalls to guide them in Iudgmēt or guide the Iudgment without them otherwise if they iudge amisse or proceede amisse in Iudgment and so destroy it though otherwise iust as many times they doe as dayly experience shewes it in our Courtes of Appeales and Quarrells in Jreland they are inexcusable before GOD and man That Appeales are made and doe lie aswell frō the learned and experienced ludge be he never so circumspect in Iudgment it is evident likewise But not the difference Judicious Reader these appellations doe proceede from the perversnes of the Appellant not the vnskilfulnes of the ludge as the other doe Their causes are remissible to the Iudge againe frō whō they came are sent vnto him back againe regularly The other are not so but determinable determined by the Iudge of Appeale finally had the wisdomes of our authors of these positions attended the wisdome of the King his Parliament in the act aboue mentioned expressed the act stands still in force before they had divulged thē I will not say what they had done therein better or worse but better or worse they haue done and I haue said THAT THE CIVILIANS THE MSELVES confesse that the Civill Law is a Sea full of waues THE Author fell into In the 〈◊〉 to the 〈◊〉 〈◊〉 Repoit of 〈◊〉 causes matters in law 〈◊〉 and adjudged in 〈◊〉 Kings 〈◊〉 in 〈◊〉 fol. 4. pa 〈◊〉 printed in 〈◊〉 1615. this dispraise of this learning from the praise of his owne in these wordes viz. And therefore we may say for the honour of our Law notwithstanding that vulgar imputation of incertainety that the Iudgement and reasons of it is more certaine then of any other humane Law in the world aswell because the grounds of our Common Law haue from the beginning beene layed with such deepe wisdome policy and providence as that they doe provide for and meete with almost all cases that can fall out in our Common-wealth As also because these groundes are so plaine and so cleare as that the Professours of our Law haue not thought it needfull to make so many glosses interpretations thereupon as other Lawes are perplexed confounded withàll which glosses as one doth well observe doe increase doubts ignorance in all Arts and Sciences And therefore the Ciuilians themselues confesse 〈◊〉 that their Law is a Seafull of waves the text whereof being digested into so many volumes The Professors saith our Authour of our 〈◊〉 learning the Common Law he meanes haue not thought it needfull to make so many glosses and interpretations thereupon as other

opinions goe no further then to Bartoll Bald. Nay then to Bartoll is there a Doctour more famous more worthie or of more authority then Bartoll Bartolum verò quotusquisque non appellat 〈◊〉 juris dominum aurigam Doctorum whose opinion for an opinion the whole World embraceth with this applause viz Bartolista optimus Iurista censendus est yet for a Iudgment or finall decree it leades our Courts no more then the rest of the Doctors their opinions doe From whose authorities though we may gather many memorable matters in point of learning in law In disputando tamen saieth the Ciuilian non sunt alleganda sicut nee corum auctoritates opponendae disquisitioni veritatis Nec peraequè valent in foro atque de legum fontibus deducta In a word judicious Reader that Doctors̄ opiniōs or Glosses the two strings the Author harpes so much vpon to fasten this aspersion vpō our learning as that they should be given or taken as he writes they are therein for fit authorities to be vouched by vs to beget that distraction and vncertainetie in it which he casts vpon it in this particular belieue not me but our Doctors and the Glosses themselues from whom I speake they holde nothing more injust nothing so inept foolish whereof to giue to the Reader but some little touch I vouch and cite onely but one of our Doctors but one of our Glostes amongst the rest sayeth that Doctor though ancient famous yet not so ancient as famous in that learning by way of advertisement against it Quicunque cupit juri operam dare sit circumspectus infrascriptis I passe ouer nine notable documents of this Doctors to come to his tenth last to this purpose wherein thus he speaks to the Ciuilian Consulo sayth he quod solis textuum allegationibus inhoereat Non vt quidam inepti aut inexperti facinnt qui arguendo glossas allegant Doctores absque jurium allegatione illo euim nihil apud Doctores in eptius I counsell the Ciuilian sayeth this Doctor that he sticke to in his pleading solie the law-texts or textlawes not as some foolish vnskilfull do who in their pleadings alleage the Glosses and Doctors leaue the lawes then the which he sayth nothing is holden more inept amongst the Doctours Iohn Baptist de 〈◊〉 Documento 〈◊〉 Rapt de 〈◊〉 doc 〈◊〉 decimo Now if the Reader will haue a Glosse an exclayming glosse against such pleaders the glosse vpon the law sed licet in the title de officio Praesidis in the Digest is the gloss This Doctor this glosse alone without the rest that hath beene said to this aspersion might shew the Iudicious Reader but these and the rest together with them may confirme him in the wrong in this aspersion to that learning to those Courts to that practice and to those Professors in the Ciuill law from whence I descend as the Author leades me to the Canon law 3. That the like may be saide of the Canon law albeit the text thereof be scarce 400 yeares old FOr this aspersion at the Canon law because it is the aspersion the same Author cast at the Ciuill law before or rather at vs who professe it as that touching euery Doctors opinion c. the which hath beene spoken to already for this I referre the Reader vnto that For the Authors additiō vnto this which 〈◊〉 hee spared in that the age of the Canon law which he straines to make scarce to bee 400 yeares from the yeare 1615 the yeare wherein he wrote so Let the Nouell be belieued or in 〈◊〉 the Nouell rather the Emperor himselfe Iusitnian a 1000 yeares before that yeare 1615 or as neare a 1000 as 965 the Canon law was in vse and practice in the Church Nay more in difference debate then betweene the Bishops the secular Iudges of that age touching some cognizances in some causes whence this Nouell 〈◊〉 this Emperor proceeded As that act of circumspectè agatis did vpon such a difference betweene the Bishops the Iudges of the Land from King Edward I which Act with which Nouell agreeing in substance of matter either arising from the same ground pointing at the same end because they be but short I recite them both the Reader may obserue them said the Emperor first in his Nouell si delictum sit Ecclesiasticum egens castigatione vel multa Ecclesiastica Deo amabiles Episcopi seopi hocdiscernant nihil communicantibus clarissimis provincijs judicibus neque enim volumus talia negotia scire omninò ciuiles judices cum oporteat talia Ecclesiasticè examinari emendari secundùm sacras divinas regulas quas etiam sequi nostrae non dedignantur leges 〈◊〉 13. Ed. 1 〈◊〉 〈◊〉 Thus farre the Nouell the Act ensueth viz. The King to his ludges sendeth greeting vse your selfe circumspectly in all matters concerning the Bishop of Norwich his Clergie not punishing them if they should plead in court Christian of such things as be spirituall that is to wit of pennance injoined for deadly sin as fornication advowtrie such like for the which many times corporall pennance or pecuniarie is enjoyned specially if a freeman be convict of such things Also if Prelates doe punish for leaving of Church yeards vnclosed or for that the Church is vncovered or nor conveniently decked in which cases none other pennance can be enjoyned but pecuniary Item if a Parson demaund of his Parishioners oblations tithes due accustomed Or if any Parson plead against another for tithes more or lesse so that the fourth part of the value of the benefit be not demaunded Item if a Parson demand Mortuaries in places where a Mortuarie hath used to be given Item if a Prelate of a Church or the Patron demaund of the Parson a pension due to themselues all such demaunds are to be made in the Spiritual court And for laying violent hands on a Priest And in cause of defamation it hath beene graunted already that it shal be tried in the Spirituall Court when money is not demaunded but the suite is prosecuted for the punishment of sinne likewise for breaking an oath In all the cases afore reheatsed the Spirituall Iudge shall haue power to take knowledge notwithstanding the Kings prohibition Anno 13. E. 1. Our Author it seemes judicious Reader went no further for the age of that law then to Clement 5. Bishop of Rome who might tell him truly the Clementines that volume of our Decretals were made published by him in the Counsell at Vienna but in the yeare 1308. Or if he went to Boniface 8. he might tell him as truly he methaded the Sext that volume of our Decretals in or about the yeare 1298. Or Gregory 9 might tell him if he went to him the volume which Raimundus Barcinonensis his Chaplen at his cōmandement had gathered the first volume of our Deeretalls was