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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A01292	A parallele or conference of the ciuill law, the canon law, and the common law of this realme of England VVherein the agreement and disagreement of these three lawes, and the causes and reasons of the said agreement and disagreement, are opened and discussed. Digested in sundry dialogues by William Fulbecke. At the end of these dialogues is annexed a table of the sections ...; Parallele or conference of the civill law, the canon law, and the common law of this realme of England. Part 1	Fulbeck, William, 1560-1603?	1601 (1601)	STC 11415; ESTC S102689	180,892	262

betwixt cleane and vncleane and they shall iudge my lawes and my precepts i Ezech. c. 44 And in another place Aaron and the priestes shall iudge betwixt leprosie and leprosie k Leuit. 13 Iosaphat the King of Iuda when he did appoint Iudges in all the Cities of Iuda he did appoint also in Ierusalem Leuites and Priests that they might adiudge iustice and the cause of the Lord vnto the inhabitantes and he appointed them to iudge of euery cause of their brethren which was betwixt kinred kinred whensoeuer question should be of lawe of commaundement of ceremonies of iustifications and he appointed Amasias the high Priest in these things which belong to God l Paralipom 2. c. 19. afterward the high Priest Iesus Christ did giue diuine laws rules vnto his people m Epistol ad Hebr. c. 3. 4. 5. 8. 9. after him his Apostels n Actor 15. 2 ad Theslalo 2. then Bishops and Prelates in their dioses o De potest summ pontif in Canon cuncta per mundum 9. quaesti 3. their power their Cannons their lawes were approued by diuerse Emperours and Kings Philip Valentinian Marcus Iustinian Constantine the great Honorius and Theodosius p L. cum l. 4. de sacros eccles lib. 1. C. tit 5. priuileg quae general l. 12. eod tit §. 1. in ecclesiast tit in authent collat 9. tit 6. Rusin lib. 10. hist eccles c. 1. and many others And by King Henry the eight of famous memory late King of England in his Parliament helde the 25. yeere of his most prosperous raigne and reuiued in the first yeere of our renowmed Queene and Soueraigne Lady Elizabeth q 25. H. 8. c. 19. 1. Elizab. c. 1. As to the originall of the Ciuill law I doe not thinke that that which may properly be called Ciuill lawe and was so called at the first is any other then ius Romanum or ius antiquum Romanorum or that which hath beene commented thereupon or added thereunto It is manifest that Romulus did establish lawes r Dionys Halicarn li. 3. and so did the other kings that followed him and that the law was brought into a conueniēt forme in these times it is very apparāt by this that M. Tullius being one of the dunmuirs was thrust into a sacke and by Tarquin his cōmandement was cast into the sea because corrupted by lucre and rewarde he did suffer the booke contayning the secrets of the sacred lawes of their Citie to be copied and written out by Petronius a Sabine ſ Valer. Maxim lib. 1. c. 1. and P. Papyrius is said to haue brought al the regal laws into one volume t Valer. Maxim lib. 2. in princip E● §. iur ciuil de ●eter iur enudeat and for the perfitting of the other lawes the lawes of the 12. tables were giuen forth by the decem-uiri u L. 1. § exactis de origin iur Diodor. Sicul 12. Dio●s Halicarnas lib. 2. 10. which excellent lawes if they were well and at large explained would giue such light intelligence to the makers of lawes that nothing in my simple coniecture more cōmodious could euer happē to any cōmon-weale these together with other constitutions made vpō principal occasion were obserued retained as the leuil of the Romane gouernmēt whereas in the times of ciuil dissention they were repealed or discontinued Augustus Caesar that admirable and worthy Emperour did reuiue the good laws reformed the badde by the perfection of that Common-weale brought about by him the cicle of the whole world as resting vpon that center became presently and vniuersally peaceable quiet a Veller Pater c. lib. 2 histor but the Emperours succeeding him hauing more care to be great then to be good made smal reckoning of these laws but by volūtary conceit cōmanding forbidding they rather raged thē raigned the decrees of some of thē namely Tiberius Caligula Cōmodus are wittily tearmed of the lerned ciuiliā furores nō iudicia b Alber. Gentil lib. lecti Et Epi. 3. c. 18. but these laws in the times of Archadius Theodosius Iustiniā recouered their strēgth shining to al the Cōmon weals of Europe as the Sun to al the climats of the earth haue for their worthines necessary vse emploimēt receiued intertainmēt countenāce great reward of Emperors Kings and Princes The law of this Realme hath as the Realme it selfe suffered chaunge by conquest yet as farre as I can perceiue by record of auncient times rather reason then soueraignety and consent rather then commaund was the principall agent in the alteration our greatest lawmakers in former times were Ina Alured Guthran Edwarde Ethelstane Edmund Edgar Ethelred Canutus after their Raignes ended and their lawes established K. Edward the Confessor after his inauguration in the throne of England finding in the garden of the Common-weale some lawes like to weeds others like to flowers as a diligent bee he extracted a good iuice out of the better laws and the worser by him neglected by disusing withered King William the Conqueror hauing wholly subdued this Realme perceiuing that his subiects did with great applause sauor the lawes of King Edward yer seeing in them somewhat which himselfe and others in politike consideration disliked imitating the frugall huswife who knoweth that the best hony cannot be good vntill it be clarified and refined singled out twelue persons out of euery shire imitating perhaps the Romanes who appointed decemuirs for the making of their lawes Men of approued skil and fidelity who might by exploratiō seuer the drosse from the the gold and the erronious lawes from the conuenient and commodious c Lambard lib. archaeon adding therunto some customes of Normandie d Lib. des customes de Norman whereof many for the resonablenes of them haue to this day continued This lawe hath had daily increase many of the olde lawes standing vnaltered some of them by reason of some sinister effect or sequele happening by them iustly chaunged and others by reason of newe accidents adioyned vnto them It hath florished long in this good estate and of the continuance and prosperitie of it three reasons in my shallow conceit may be rendred First because it so agreeth with the law religion and discipline of the holy Catholike and true Church of Christ that there is nothing in it which to the lawe of God is crosse or opposite Secondly because other nations with whom we haue commerce entercourse doe not find their commodities or liberties to be impeached by this lawe Thirdly because they are rather popular then peremptorie rather accepted then exacted and rather embraced then perswaded And with this I conclude leauing these lawes to your further and more considerate commendation Thine in all duetifull respect William Fulbecke The Table of the seuerall Titles of the fifteene Dialogues ensuing 1 Of Contractes Fol. 1. a. 2 Of Gifts and Graunts 7. b. 3

religious man ought to doe fealtie tenāt ought to do such seruice yea though he be a religious man and professed vnder rule p ca. vnico tit de natura feudi Et tit qualiter vassall iur deb sideli domi Et in ca. vnico tit quib mod feud amittatur Et in quib causis feudum amitt tit quae ●uit pri causa benef amit Canonolog But such a religious man may not say Ego deuenio homo vester nor humiliate himself to execute the rite of homage q C. veniēs C. ex diligenti de Simon grauem de excess praelat cap. fin de re Iud Anglonomo By our Law he may do homage but may not say to his Lord ego deuenio homo vester because he hath professed himself to be onely God his man but he may say I doe vnto you homage and to you shal be faithfull and loyall r Littlet lib. 2. c. 1. Sect. 2. Nonoma Shewe me I pray you some speciall 6. Diuision kinds of these seruices that I may know them morefully and more distinctly Codicgn Seruices are diuersified according 1. The diuerse kindes of seruices in the ciuill Law and their definitions to the qualities of the persons to whom they are to be done if it be to bee done to an Emperour it is to be tearmed an Imperiall seruice if to a King a regall seruice ſ Cap. 1. de feud march ducat● in ca. 1. quis dicat dux comes marchio if to Religious persons Ecclesiasticall if to Lay men secular t Tit. de his qui feud dar pos tit Episcop vel Abbat but when it is to bee done to a lesser estate then to an Emperour or King as to a Duke Marquesse or Earle then it is called feudum honoratum sometime land is giuen by inferior persons meaner men without expressing any seruice and thē the Law intendeth that fealty onely is to be done this is called Francū or Liberū u Ca. 1. de no. form fidel sometime it is giuen with reseruation of speciall seruice that is feudum non nobile a Ca. f● de capilan qui cur vendid somtime it is giuē in perpetuū sometime but for tearme of life and then it is called Perpetuum vel temporale b De feud march in prin de alien feud in fine de feud guard castald But though by the oath of fealtie the vassalle be bound to serue his Lord in warre yet this is limited to such case where the warre is not notoriously vniust or vnlawfull for if it be otherwise though hee doe him no seruice in warre yet he shall not forfeite his tenement c In cap Domino guerram in prin in tit hic sini lex deinde c. neither is he bound to do his seruice to his Lord if his Lorde bee excommunicate or bannished vntill he haue obteined absolution or a recalling from bannishment but d D. cap. Domino guerrā in sin in a iust warre the vassalle is bound to helpe his Lorde against euery other person who is not the Lorde of the vassalle yea euen against his father brother or sonne Anglonomoph Seruices in our Law are of diuerse 2. The diuerse kindes of seruices in the Common law and their definitions sorts some being more noble and some lesse noble of these which are more noble some belong to the king and some both to the king to subiects of these that belong to the king some be domestical only as Petite Sergeancie some bellicall onely as Knights seruice in Capite some both domesticall bellicall as grand sergeancie some of the more noble seruices belong vnto subiects as well as to the king as knights seruice and homage these which be lesse noble may be diuided into two brāches for either they are ingenuous or seruile the ingenuous are of two sorts either performable by particular men or a certaine people as fealtie rent seruice the like which make socage tenure or els performable by a certaine people onely as burgage the seruile or base seruice is villenage Of all these seruices saue such only as haue bin before described I will speake somewhat seuerally briefly and in order Petite Sergeancie is where a man holdeth his land of the King paying yerely vnto him a Bow or a speare or a dagger or a launce or a spurre of golde c. e Littlet lib. 2. ca. 9. sect ' 1. Knights seruice in Capite is where a man holdeth his landes or tenements of the king as of his crowne immediatly ab antiquo by doing some warlike seruice Graund sergeancie is where a man holdeth his lands or tenements of the king as of his Crowne immediatly by doing some speciall seruice to the King in person as by carying his banner or launce or by being his marshall or sewer or caruer or butler c. f Litt ' li. 2. ca. 8. sect ' 1. 23. H. 3. Gard 148 of homage and fealtie hath beene spoken before Rent seruice is where the tenant holdeth his lande of his Lorde by a certaine rent for which if it be behinde at the day wherein it ought to be paied the Lord may distreigne for it of common right Burgage is where the tenants of an auncient borough doe holde landes within the Borough of the King or some other person as of his borough by a certaine rent g Litt ' lib. 2. c. 10. sect ' 1. 2. Villenage is where a man holdeth of his Lorde either by doing vnto him some partiticuler base seruice and such a one is called a tenant by villenage or by doing generally whatsoeuer base seruice his Lorde will commaund and impose vpon him such a tenant he is tearmed in our Law a villaine h Litt. lib. 2. c 11. sect ' 1. 2 This miserable estate of villenage had his beginning soone after the diluge and now by the consent of all nations it is ratified for the West Indians though they haue 3 The original of villenage and the nature thereof no knowledge of diuine or humane Lawes yet bondmen they haue and the Mahometistes make Christians their bondeslaues the Portugallians make villaines of the Mahometistes which they sell by companies as flockes of sheepe in the market i Bodin lib. 1. de repub c. 5. The Romains had power by their law to sel or kil their villains k Tacit. li. 14. but for mittigation of cruelty the Law Petronia was made whereby it was forbidden that none should put his villaine to death without cause which law was executed by Nero l Senec. lib. 3. de benefic after by Adrianus m Sparcian in Adrian but our law a more concionable fauorer of life hath restrained the hands of the Lord from the bloudshed of his villaine and from the mayming of him n Lit● ' lib. 2. c. 11. sect ' 32. hauing regard to