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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	according_a	law_n	person_n	1,451	5	4.8874	4	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

published by him to be read in Schooles practized in Courts much about the yeare 1231. Or Gratian the Monk Pope Eugenius his confessor who after Iuo Bishop of Carnat had gathered the decrees the auncientest of our volumes in the Canon law might tell him truly he polished perfected the same and that it was allowed by Eugenius and published by him in the yeare 1149. or thereabouts but what of these relations 〈◊〉 so true he that will be truly informed of the Antiquity of the Canon law must not looke at the volumes thereof Decrees or Decretals but at the Decrees or Decretals themselues in the volumes for they were before their volumes were how could they else haue beene digested Had the Isidorus 〈◊〉 lib. 6. 〈◊〉 l. 〈◊〉 16 〈◊〉 Constā 〈◊〉 unt 〈◊〉 15. 〈◊〉 1. Author gone to Constantine the great the first Christian Emperor who first gaue leave to the christian Church to meet in councells to make Canons to governe in the Church Or to the Commons of the first 4 generall counsells he would never haue straighted the canon law from the yeare 1615. to 400 yeares Hetherto this 〈◊〉 4. That for the space of 300 yeares after Christ the distinction of Ecclesiesticall and Spirituall causes in point of Iurisdiction was not knowne nor heard of in the Christian world TO come to this distinction of Ecclesiasticall In the said printed 〈◊〉 in the case of praemunire sol 95. pag. 2. and spirituall causes from ciuill Temporall in point of Iurisdiction as when it should begin and his reasons why it was not knowne nor heard of in the Christian world before Let the Reader obserue how the Author writes first then sayeth he let vs see when this distinction of Ecclesiasticall or Spirituall causes from Ciuill and Temporall causes did first begin in point of Iurisdiction Assuredly for the space of 300 yeares after Christ this Distinction was not knowne nor heard of in the Christian world For the causes of Testaments of Matrimony of Bastardie of Adultery the rest which are called Ecclesiasticall or Spirituall causes were meerely ciuill subject only to the Iurisdiction of the ciuil Magistrate as all ciuilians will testify with me But after that the Emperor had received the Christian faith out of zeale desire they had to grace and honour the learned and godlie Bishops of that tyme they were pleased to single out certaine speciall causes wherin they graunted Iurisdiction vnto the Bishops namely in causes of tithes because they were payed to men of the Church In causes of Matrimony because mariagas were for the most part solemnized in the Church In causes Testamentarie because Testaments were many tymes made in extremis when Church-men were present giving spirituall comfort vnto the Testator and therfore they were thought to be the fittest persons to take the probats of such Testaments How be it the Bishops did not Imput proceede in these causes according to the decrees and Canons of the Church for the Canon law was not then hatched For this Distinction the Authors reason for Refut his assurance that it was not knowne nor heard of in the Christian world in point of Iurisdiction for the space of 300 yeares after Christ is he sayeth for the causes of Testaments Matrimony Bastardy Adultrie and the rest which the Emperor after he had received the Christiā faith had graunted to the Iurisdiction of the Bishops were meerely Ciuil determined by the rules of the Ciuil law subject only to the Iurisdiction of the Ciuil Magistrate As though whō the Emperor had translated these causes the rest frō the Iurisdiction of the Empire to the Iurisdictiō of the Church He translated not therwith the lawes that belonged to them their Cognition or Cognizance Or that the causes could become when they were translated to the Church Ecclesiasticall or spirituall causes in the Church and the lawes that belonged to their cognizance or cognition remayne ciull Temporall lawes in the Empire what had the Emperor done then when he had translated the causes not the lawes this given the causes to the Church without lawes And left the lawes vnto the Empire without causes the causes I meane whervnto these lawes belonged the lawes to the causes Now these Bishops sayeth this Author did not proceed in the causes aforesaid according to the Canons Decrees of the Church because he sayeth the Canon law was not then hatched A goose reason was not the Church then hatched and were there not 〈◊〉 then in the Church the 〈◊〉 〈◊〉 fesseth the translation of the causes to the Bishops why then Cicero tells him in his offices Libro 1. non remanet res apud cos a quibus transfertur And so it holdes translato aliquo transfertur et lex as in holy writ translato 〈◊〉 necesse est vt legis translatio fiat But how soeuer Cap. 〈◊〉 〈◊〉 de coust it Iudicious Reader this distinctiō of Ecclesiasticall Spirituall causes from Ciuil 〈◊〉 in point of Iurisdictiō that so much hath troubled the Author is as auneient in the courtes of the kingdome as this of the Lordes spirituall Temporall is in the house of Parliament which he might haue challenged aswell in the Persons and in their actions as in the causes which indeed he hath done for the distinctiō is the same in one in all Persons things actions touched in one touched in all Hero I leave him for that distinction from whence I am come to his next aspersion cast at the Bioshops and their Clergie 5. That the Clergie by their Iurisdiction 〈◊〉 bich they had from Caesar got wealth which begot Pride which begot their Ingratitude to Princes which blotted Caesart name out of the stile of their Courts and called them Courts Christian. THe distinctiō hath brought the Author to the Iurisdictiō of the Church As great an Ei sore to him nay a greater thē the distinction the church must haue no Iurisdiction whervpon thus he writes The Clergie saith Impur he having gotten by this Iurisdiction great 〈◊〉 said printed re 〈◊〉 eod ca su fel 96. p g. 1. wealth their wealth begot pride their pride begot Ingratitude towards Princes who first gaue them their Iurisdiction then according to the nature of all vngratefull persons they went about to extinguishe the memory of the benifit For wher their Iurisdictiō was first derived from caesar in the execution wherof they were caesars Iudges So as both their courts and causes ought still to haue borne Caesars Image superscription as belonging vnto caesar they blotted caesars name out of the stile of their courts called them Courts Christian As if the Courts holden by other Magistrates had beene in comparison but Courts of Ethnicks the causes which in their nature were mecrely Ciuil they called spirituall and 〈◊〉 So as if the Emperor should challenge his Courts causes againe say Reddi te Caesari

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