over-flow its banks to the inundation of another it 's most just and safe seasonably to reduce them to their proper Channels Were it true what Bald. says Jurisdictiones penes Principes residere quasi Scabellum the Clashing of Jurisdictions might be an offence only to the Footstool of Majesty but if Jurisdictio ejus ossibus inhaeret as Tapia and others assert then it may be of an higher nature Where divers persons are concredited with Juridical Trust or Authority there the Jurisdiction is either Separate or Concurrent or in Common A Separate Jurisdiction may appertain to a certain number of persons privative or exclusive to all others whereby they are externally qualified to take Cognizance either of other Persons or of other Causes or of other Quantities or of other Places then what other Judges are Juridically qualified for A Concurrent Jurisdiction is that which appertaineth to many Cumulative as when the same Cases are equally subjected to the Cognizance of many Judges yet so that each of them whether one or more by himself or themselves may in solidum hear and determine the Case and he or they only may take Cognizance thereof to whom address by the Complainant is first made and before whom the Suit is first Commenced for in such Cases prevention takes place and in all Competent Jurisdictions wherever the Action is first Commenced there Judgement ought to be given in the Case Thus the Emperial Chamber by an Ordinance there made hath Concurrent Jurisdiction with the Emperour himself save in matters relating to the Fee or Inheritance of the Emperial Crown A Jurisdiction in common appertaineth to many and that cumulative as to all of them so to all of them together and complexive insomuch that one of them may not proceed without the other the Law obliging all of them to be present together in Judgement But whatever Jurisdictions there are in a Nation of how many kinds degrees orders or subordinations soever This is a sure Rule and without Exception Jurisdictiones non sunt confundendae The Bonum Publicum is more Rationally stated and more concerned in rhe equal administration of Justice then to admit the least Confusion in that which is the only Expedient to prevent Confusion for Justice whose office it is not only to doe that which is equal but also to remove that which is unequal is never illustrable through any Mediums that hath the least tincture of Injustice and although for its material Object it ever hath some one External action or other as suppose Equality between Payment and Debt yet for its Formal Object it ever hath Honesty and Conformity unto at least an adequate Consistency with Natural reason comprised in that external Act. Of all Jurisdictions That of the Admiralty or Sea-Affairs hath been the least beholding to the Auxiliaries of the Press in defence of its Ancient Rights and Priviledges against such as would without offence impair the same The Reason probably may be either from the paucity of such as are more specially therein concerned in respect of that numerous Host or Retinue that in fealty to the other Jurisdictions are most prompt Notaries on all occasions oâ— rather in that it is of that excellent use in all Maritime Dominions that the Friends thereof are well assured its worth would be better valued if the want thereof were more smartly felt The Ensuing Treatise is to assert the Rights thereof in part the design of whose highest Ambition being only rather to excite others by this hint to supply the defects hereof by a more full and clear illustration of the Rights and Priviledges of so Ancient and Necessary a Jurisdiction then to convince any by Arguments less perswasive then that Interest whereon some meâ—s Prejudice may be founded Though Merchants and Mariners qua tales be not such able Lawyers as to know how their Maritime Cases should be determined according to the exact Rule of Law yet they are such able Supports to any Nation or Kingdome that they are not to be left sub incerto where or in what Tribunal to find that Rule under such a quality of Juridical Competency as not to run hazards by Land as well as by Sea yet this under the Notion of a Maritime Cause when possibly it is of another Element may not be strain'd in favour of one Jurisdiction in derogation of another nor under the notion of Merchants when posibly they are at best but quasi Mercatores For not every one that buyes and sells is thence presently to be denominated a Merchant but he only who in the way of Trade and Negotiation deals in Moveables for gain or profit upon design of disposing thereof in the way of Commerce either by Importation Exportation or otherwise in the way of Emption Vendition Barter Permutation or Exchange So that he is not properly said to be a Merchant who once and no more doth buy Commodities that he may sell the same for it is not one Act that doth denominate a Merchant but a certain Assidutiy or frequent Negotiation in the Mystery of Merchandizing unless he be matriculated or entred as such in the Society or Corporation of Merchants He also may be said to be a Merchant who by common fame and in the opinion of men is commonly reputed a Merchant They that buy Wares or Merchandizes to reduce them by their own Art or Industry into other forms then formerly they were of are reputed rather Artificers then Merchants unless by their order they are so transformed by the art and industry of others upon design of selling the same to gain thereby in which case they may be said to be rather Merchants then Craftsmen or Artificers And such as buy wares for present money that without altering the form thereof they may sell the same at a future day of payment at a far dearer price then they were bought are reputed rather Usurers then Merchants But Bankers Money-changers and such as deal by way of Exchange are reputed under the notion of Merchants For whereas it is formerly said that a Merchant deals only in Moveables understand that Money is comprised under that notion So also are Ships The Isle of Rhodes anciently was the only Mart of Trade and Commerce in the whole world Antiquity describes that Isle and the City thereof as the only Metropolis of Merchants who though they have a Latitude as wide as the Ocean in point of Trade and Negotiation yet they may not in time of war transport Prohibited Goods or Commodities to an Enemy though designed for the Redemption of Captives Yet such is the Reputation of Merchants that Credit is generally given without the least distrust unto their Count-Books unless some Legal Exception may be raised against the same or other just cause of suspicion And whereas each Merchant hath his peculiar Mark wherewith his Goods are usually marked by way of
of Great Brittain have an undoubted right to the Soveraignty of the Seas of Great Brittain none but a few Mare Libertines and that for their own Interest ever scrupled Sir Hen Spelman gives us an Account of a very Ancient Record extracted out of the Laws of Hoelus Dha Regis seu Principis Walliae cir An. 928. which for the proof of the said Dominium quasi uno intuitu is here inserted in haec verba viz. Variato aliquantulum Nominis Vocabulo dici hic videtur Huwell Da qui superius Hoêl Dha Latine Hoêlus Hoelus alias Huval quem Malmesburiensis unum fuisse refert e quinque Wallensium Regibus Quos cum Cunadio Rege Scotorum Malcolmo Rege Cambrorum Maccusio Achipirata seu Principe Nautarum vel Marium Praefecto ad Civitatem Legionum sibi occurrentes Rex Anglorum Eadgarus in Triumphi pompam deducebat Una enim impositos remigrare eos hanc coegit dum in Prora ipse Sedens Navis tenuit gubernaculum ut se hoc spectaculo Soli Sali orbis Brittanici Dominum praedicaret Monarcham In this Ancient and Memorable Record King Edgar Neptune-like rides in Triumph over the Brittish Seas giving the world to understand that Dominium Maris is the Motto of his Trident. Consonant whereunto is that which the Law it self says Mare dicitur esse de districtu illius Civitatis vel Loci qui confinat cum mari in quantum se extendit territorium terrae prope mare In a word to this purpose the Renowned Learned Mr. Selden who hath left no more to say but with Jo Baptist Larrea in one of his Decisions of Granada That Authorum sententias non ex numero sed ex ratione metiri oportet pensitari debent juris fundamenta non Authorum Elenchum velut calculatione computari The Lord High Admiral is by the Prince concredited with the management of all Marine Affairs as well in respect of Jurisdiction as Protection He is that high Officer or Magistrate to whom is committed the Government of the Kings Navy with power of Decision in all Causes Maritime as well Civil as Criminal So that befide the power of Jurisdiction in Criminals he may judge of Contracts between party and party touching things done upon or beyond the the Seas Wherein he may cause his Arrests Monitions and other Decrees of Court to be served upon the Land as also may take the parties body or goods in execution upon the Land The Lord Coke in honour of the Admiralty of England is pleased to publish to the world that the Lord Admirals Jurisdiction is very Ancient and long before the Reign of Ed. 3. and that there hath ever been an Admiral time out of mind as appears not only by the Laws of Oleron but also by many other Ancient Records in the Reigns of Hen. 3. Ed. 1. Ed. 2. Thus as the Laws and Constitutions of the Sea are nigh as Ancient as Navigation it self so the Jurisdiction thereof hath universally been owned and received by all Nations yea and this Kingdome is by way of Eminency Crowned by Antiquity for the promulgation of the one and establishment of the other For otherwise without such Maritime Laws and such an Admiral Jurisdiction how could the Ancient Brittains long before Julius Caesar invaded this Isle restraine all Strangers Merchants excepted from approaching their Confines or regulate such Navies as were the wonder of that Age Or how could King Edgar in the Titles of his Charters have effectually styled himself as well Imperator Dominusque rerum omnium Insularum Oceani qui Brittaniam circumjacent as Anglorum Basileus or maintain in Naval Discipline these four hundred Sail of ships appointed by him to guard and scour the Brittish Seas And did not Etheldred after Edgar for the self-same end and purpose set forth to Sea from Sandwitch one of the greatest Navies that ever this Kingdome prepared Doubtless this was no Lawless Navy without Maritime Constitutions for the due regulation thereof according to the Laws of the Sea Consonant to that of the Jurisdiction of the Admiralty then in use and received by all the Maritime Principalities of Europe Whereas it is universally acknowledged That the Admiralty of England is very Ancient and long before the Reign of Edward the third who ever consults Antiquity shall find it farre more Ancient and long before the Reign of Edward the first even time out of mind before the said Edward the first To this purpose very remarkable is that ancient Record in the Tower of London entituled De Superioritate Maris Angliae jure Officii Admirallatus in eodem and out of the old French rendred into English by Sir John Boroughs in his compendious Treatise of the Soveraignty of the Brittish Seas pag. 25 c. edit Anno 1633. in which it evidently appears that the Admiralty of England and the Jurisdiction thereof was farre more Ancient then Edward the first and that from age to age successively and time out of mind even before the days of the said Edward the first it was so owned and acknowledged by this and all other Neighbour-Nations as appears by the said Record which was occasioned by a National Agreement of certain differences arising between the Kings of England and France in the 26 year of the Reign of the said Edward the first by reason of certain usurpations attempted by Reyner Grimbald then Admiral of the French Navy in the Brittish Seas in which Agreement the Commissioners or Agents for the Maritime Coasts of the greatest part of the Christian world of Genoa Spain Germany Holland Zealand Freezland Denmark and Norway then present made this memorable Acknowledgment and Declaration which is extracted out of the said Record as to so much thereof as relates to the Jurisdiction of the Admiralty viz. That the Procurators of the Admiral of the Sea of England and of other places as of the Sea-Coasts as of Genoa Catalonia Spain Almayne Zealand Holland Freezland Denmark and Norway do shew that the Kings of England time out of mind have been in peaceable possession of the Seas of England in making and establishing Laws and Statutes and Restraints of Arms and of Ships c. and in taking Surety c. and in ordering of all other things necessary for the maintaining of Peace Right and Equity c. and in doing Justice Right and Law according to the said Laws Ordinances and Restraints and in all other things which may appertain to the Exercise of Soveraign Dominion in the places aforesaid And A. de B. Admiral of the Sea deputed by the King of England and all other Admirals ordained by the said King of England have been in peaceable possession of the Soveraign guard with the Cognizance of Justice c. And whereas the Masters of the Ships of the said Kingdome of England in the absence of the said Admiral have been
and so to conclude this point with Omphalius that famous and Modern German Lawyer Jurisdictio est res indivisibilis si tamen ejus Domini in eodem Territorio dissentiant in Exercitio Jurisdictionis pertinebit ad Superiorem Potestatem Conoordia partes interponere vel usum Jurisdictionis Exercendae dividere This seems to be the Admiralties Case in terminis All Jurisdictions are essentially radicated only in the Prince or Supreme Magistrate The Law ranks them inter Regalia Principum The right and power of the conservation of Jurisdictions doth lodge and reside properly there from whence they had their being and origination Jurisdictiones omnes ab ipso Principe velut Rivuli à fonte suo manarunt When the Prince or Supreme Authority Ex plenitudine Potestatis doth create or constitute a Jurisdiction he doth not devest himself of the right of expounding his own Grant according to that in the Law Jurisdictio licet concedatur à Principe semper tamen inhaeret ejus ossibus So that when differences do arise concerning the rights or demands the Ampliations or Restrictions the Latitude or Boundaries of Jurisdictions the Prince is the competent Judge to decide and reconcile In this case therefore to Caesar is the Appeal CHAP. VI. Of Prohibitions Their several kinds Causes and Effects in the Law HAving spoken of Jurisdictions in general it may not now be of less consequence to enquire of what superseding faculty a Prohibition in its original and due intendment of Law may be in point of right and power for the removal of the Cognizance of Causes from one Jurisdiction to another And although in the precedent Chapter there hath been a clear and distinct Prospect of the matter of Jurisdictions out of the Civil Law being the best and indeed the only Law that could with such transparency present us with an object of that depth and difficulty yet now being to look through other Mediums so clear a sight of Prohibitions may not be expected to be presented in the same Glass For Prohibitio in the sense now intended may not be taken for Interdictum quo Praetor vetat aliquid fieri nor be thence dissected into its several kinds and distinctions according to the Analogy of Civil Law This would be as little pertinent to the present purpose in hand as rationally it could expect of credit or belief out of its proper Sphere Suffice it therefore that it be described under such Rules and Characters as the Law of this Realm doth not disown It shall therefore only be premised what Boerius that famous Civilian says of it That a Judge in matters cognizable before him may prohibit such as are within his Jurisdiction from impleading any in another Court to his prejudice And that an Ecclesiastical Judge may issue his Mandate to a Judge Secular prohibiting him from medling with matters of Ecclesiastical Cognizance And the same Boerius in another place says That in such cases of Excess by the power of one Jurisdiction exercised over another the King is to decide the Controversie A Prohibition in the sense most adequate to the purpose in hand is a Writ forbidding to hold Plea in a Matter or Cause supposed to be without the Jurisdiction and Cognizance of that Court where the Suit depends Sir Thomas Ridley calls it a Commandement sent out of some of the Kings higher Courts of Record where Prohibitions have been used to be granted in the Kings Name sealed with the Seal of that Court and subscribed with the Teste of the chief Judge or Justice of the Court from whence the Prohibition doth come at the suggestion of the Plaintiff pretending himself to be grieved by some Ecclesiastical or Marine Judge in non-admittance of some matter or doing some other thing against his right in his or their Judicial Proceedings commanding the said Ecclesiastical or Marine Judge to proceed no farther in that cause upon pretence that the same doth not belong to the said Ecclesiastical or Marine Judge But this description of the Writ of Prohibition though large enough yet not comprehensive enough For Prohibitions may issue to Courts that have neither Ecclesiastical nor Marine Cognizance as appears by the Learned Fitzh who among Sixty several Cases by him mentioned wherein a Prohibition doth lye doth not instance in any against the Admiralty Nor do the Statutes though express as to Prohibirions against Courts Ecclesiastical speak of any in express terms or in the letter of it as against the Admiralty Hence probably it is that the Authour of the Terms of the Law makes no other description of a Prohibition then this viz. That it is a Writ that lyeth where a man is impleaded in the Spiritual Court of a thing that toucheth not Matrimony nor Testament nor meerly Tithes And this Writ shall be directed as well to the Party as to the Judge or his Official to prohibit them that they proceed no farther But if it appears afterwards to the Judges Temporal that the matter is to be determined by the Spiritual Court and not in the Court Temporal then the Party shall have a Writ of Consultation commanding the Judges of the Court Spiritual to proceed in the first Plea Which description of the Writ of Prohibition is consonant to the Statute of 2 Ed. 6. cap. 13. whereby it is provided That he that sueth for a Prohibition shall make a suggestion and prove it by two witnesses And in case it be not proved true by two witnesses at the least in the Court where the Prohibition is granted within six moneths next after the said Prohibition then the Party so hindred by such Prohibition shall have a Consultation and recover double costs and damages against the party that sued for the Prohibition And in the said description of a Prohibition by the Authour of the Terms of Law there is not any thing express'd as to a Prohibition against the Admiralty but only against Judges in matters Spiritual wherein the Court of Admiralty is not concern'd By the Proceedings whereof there is not as in the other once was the least pretence for any fear of dis-inheritage of the Crown-Rights which will be agreed to be originally the Causa finalis of Prohibitions Whence it was long since observed and published by a Learned Civilian of this Nation That this Writ of Prohibition in those days may well be spared For although it were some help to the Kings inheritance and Crown when the two Swords were in two divers hands yet now that both Jurisdictions are settled in the King as the only Supreme Magistrate there is little reason thereof And indeed the Jurisdiction of the Admiralty of England was ever inherent in the Crown of England so that there was never in that sense that parity of reason for Prohibitions against the one as against the other That which at first hath its origination from a principle of well-grounded policy and is of
be preserved for no Contribution but where the Ship arrives in safety Within the Cognisance of the Jurisdiction of the Admiralty and wherein Merchants and Mariners are principally concerned are also all causes of Reprizals known to us by the Words Reprisaliae or Letters of Marque which in the Law have also other Appellations as Pignoratio Clarigatio and Androlepsia For it is supposed that those Reprizals now commonly used were first introduced in Imitation of that Androlepsia among the Greeks with whom it was a certain Right in case of Murder to apprehend and seize any three persons whether Citizens or other of any such place or City into which the Murtherer had fled for shelter making it his place of Residence and such persons to keep in safe custody until upon demand the said Murderer were delivered up to Justice This was Androlepsia with the Greeks which as some suppose gave an hint to other Nations for these Reprizals which are now of practice more common then commendable The word Clarigatio is more acceptable to express Reprizals then either Androlepsia or Pignoratio fot Pignoratio is a word too Generall and Androlepsia too Special as being only by the Authority of such as required the Revenge of Murder and upon no other accompt then that The word Reprizals is from the French reprendre reprise that is to Retake or to take again one thing for anorher albeit this may not be by any Private Authority but only by the Authority of that Prince whose subject the Injured person is and only in case Justice be denyed or illegally delayed by that Prince whose subject the Offender is For before any concession of Letters of Reprizal or Marque there ought to precede the Oath of the party Injured or other sufficient proof touching the pretended Injurie the certain loâ—s and damage thereby sustained the due prosecution for obtaining satisfaction in a Legal way the denyal or protelation of Justice the complaint thereof to his own Prince Requision of Justice by him made to the supreme Magistrate where Justice in the ordinary course was denyed persistency still in the denyal of Justice all which precedent Letrers of Reprizal under such Cautions Restrictions and Limitations as are consonant to Law and as the special Case may require may issue by the Jus Gentium for such Law-Casuists as question whether Reprizals are Lawful are in that point rather Divines then Lawyers Grotius who was both resolves it in the Affirmative wherein Nations as well as Persons the Jus Civile as well as the Jus Gentium agree the Legality thereof whether you understand General and Universal Reprizals which is quasi Bellum Privatum or Special and Particular Reprizals which is quasi Duellum Publicum The precedent Requisites being duely observed Reprizals may issue by the Authority of the Prince in whom alone resides the power as of making War and Peace so also of granting Letters of Marque And this notwithstanding any Lawes to the Contrary that seem to inhibite the same But with respect to the National Treaties and Coventions which in this point may at times vary and alter the Case in Conformitie to such National Contracts A due Administration of Justice is not the Least sense wherein Princes are stiled Gods To deny or delay Justice is Injustice Justice is every mans Right who hath not forfeited what he might claim by the Jus Gentium therefore the Prince within whose Territories Justice is denyed or delayed is Accomptable to that other Prince whose Subjects suffer thereby and by the Law Subjects may be punished for their Prince's Omissions in what the Law of Nations requires And that Prince who unlawfully detained the Rights of a Subject under another Prince or suffers it within his Territories to be detained and in the Ordinary Course of Law denies Restitution he may at length be compelled to Restitution vi manu militari He that in the way of Reprizals apprehends at Sea another mans Goods ought not to keep them in his own private Custody and to Convert them by his own authority to his own private use but ought to bring them to some Publick Place in order to a Judication according to Law yet they are to remain with the Captors till by them they are thus brought and submitted to Publick Justice by the authoritie whereof Commission may issue for Landing or unlading the said goods for Inspection for Inventorying and for Sale either of such part thereof as upon such Inspection shall appear to be Bona peritura or of the whole in case the Court shall see Cause which is to order payment out of the Proceed thereof to the party to whose use the Letters of Marque issued for and towards satisfaction of his debt and damages after deduction of all dues duties necessary Costs and Charges relating to the Seizure either Judicially or Extra-judicially And the said debt and damages with all Costs and Charges being fully satisfied the Remainder or Overplus if any which seldome happens in such cases is to be Restored to their Owners from whom they were taken and the said Letters of Marque thenceforward to cease Such Letters of Marque issue not without good and Sufficient Caution first given in Court for the due observance thereof according to Law the transgression whereof creates a forfeiture of such Judicial Recognizance or Stipulation and the Captor for the better management of a Judicial Proof in order to a right Decision according to the merits of the case is to produce part of the Seized Mariners to be Sworn and Examined according to Law as also to Exhibite all the Ship-papers and Evidences found a Shipboard and till Judication he may not break bulk of his own private authority nor suffer any imbezilement of the Lading nor Sell Barter or otherwise alter the property thereof without Special Commission from the Court for so doing In the Law there are certain Persons and Things Exempt from being Lyable or Subject to Reprizals They whose Persons are Exempt have also their goods Free. Reprizals granted against any Kingdome or State are understood as against such only who inhabit therein and not against such who though originally of that Countrey against which the Reprizals are yet inhabit elsewhere possibly in the same Kingdome whence the Letters of Marque issued for he is not in this point reputed of that Kingdome State Province or City wherein he doth not inhabite albeit he were born therein It is not the place of a mans Nativity but his Domicill not of his Origination but of his Habitation that subjects him to Reprizals the Law doth not consider so much where he was Borne as where he Lives not so much where he came into the world as where he improves the world provided he hath there Decenniated or inhabited Ten years or less in case he hath born Office there or paid Scott and Lott or removed his Family thither or his Estate or the greater part
Minimum which comprehends whatever is imposed by way of pecuniary mulct upon some crime provided such pecuniary mulct be in reference to the Publick utility and not in satisfaction of private injuries The Second Species or kind of Jurisdictio taken in this large sense is Imperium Mixtum And it is that Jurisdiction which respecting only private utility is exercised Officio Judicis Nobili It is so called as being of a mixt nature because it consists partly of Imperium Merum and partly of Jurisdictio Simplex And as it consists in Commodo pecuniario respecting only private utility so it doth participate of Jurisdictio Simplex and is differenced from Imperium Merum Of this Imperium Mixtum Bartol as in the former makes other six degrees which Jason contracts to three and calls them Gradum MaximuÌ„ Medium MinimuÌ„ The First and Second of Bartols degrees Jason doth join in one as being both competible only to the Prince or Supreme Magistrate The Third and Fourth of Bartols degrees he likewise joyns in one as both requiring plenam causae cognitionem and both incompetible with interiour Magistrates So likewise of the Fifth and Sixth degrees Now because this last Division of Jasons seems to take best with the most part of the DD as being the most succinct yet comprehensive of all Jasons method shall here be followed as formerly was Bartols The first degree then of Imperium Mixtum according to Jasons account is Imperium Mixtum Maximum which pertains solely to the Prince and concerns only Actus voluntarios yet it may be alâ—o in the ordinary Magistrate but then it must be by way of derivation from the Prince This Imperium Mixtum Maximum comprehends veniam aetatis impetranti That is that whereas by the Civil Law a man is held a Minor and under age until he attain unto the age of twenty five years the Prince might at his Petition grant veniam aetatis impetranti that is if such Minor being a Male could prove himself to be of the full age of twenty years or being a Female could prove her self to be of the full age of eighteen years then might such by way of Petition impetrare veniam aetatis à Principe that is they might for the better management of their estate request the Prince's favour for an exemption from their Minority and to be held and taken as of full age that is as of the age of twenty five years to all intents and purposes of Law whatever only they could not by vertue of such Priviledge alienate their Praedials or Immoveables without a special Decree for that purpose And this Priviledge was obtainable only by the Prince's Grant Also under this head is comprehended that which the Civilians call Arrogatio which is a kind of Adoption but something different from it For the Prince did interponere Authoritatem Arrogationi Likewise under this head is comprehended Legitimation or the power of legitimating such as are unlawfully begotten And also Emancipation which properly so called is a Judicial and solemn transference alienation or vendition of free-born children For Manumission relates only to Servants and Bond-men from and out of the Dominium power and Jurisdiction of their natural Parents into the power â—nd right of another had and done by the authority of the competent Judge with the concurrency and mutual consent of both parent and child By such Emancipation the Patria Potestas is dissolved si filium suum forisfamiliaverit for it is a kind of vendition or sale by a tradition or delivery of his child out of his own right over to another who thereby becomes as it were Pater Fiduciarius or a Father in trust to the child although anciently such Emancipation was held no less then Civil death to the child or then an Ingressus Religionis Likewise under this head is comprehended that which the Law calls Supplicatio which is a Cognition or Retractation of a Judicial sentence from which lies no Appeal by way of Supplication pertaining only to the Prince and in the Roman Government to the Praetorian Praefect This is that Remedy of a Judicial Sentence which the Canonists call Revisionem Sententiae or the Review of a Sentence This is used but very rarely and only in extraordinary Cases but chiefly against the Sentence of such Judges as from whom by reason of their Eminency non licet Appellare In such Cases the imploring of the grace and favour of the Prince or Supreme Authority is properly called Supplicatio The Second degree is Imperium Mixtum Medium under which is comprized a full and plenary Cognition of a Cause with Coertion as well Real as Personal of such is the putting a man into possession by vertue of a Secundum Decretum Likewise Restitutio in integrum Also the expulsion or outing another of his Actual Possession In like manner under this head are comprehended all matters that require a plenary Cognition although it hath not Real or Personal Coertion As to give such a possession of goods as shall convey and carry a right of Property with it Also to pronounce for the putting into Possession Ex Secundo Decreto Also to interpose ones Authority for the Alienation of things appertaining to Minors Also in Transactions of Alimony and the like The Third and last degree is Imperium Mixtum Minimum And this consists in such things as are expedited Officio Judicis Nobili but do not require a plenary Cognition as the former but are determined by a Summary proceeding and have respect only to Private utility Of this kind is the putting into Possession by a Primum Decretum Also any possession which to the Cognizance of the Cause doth not require a Proceeding De Plano but only Summarily sine strepitu judicii Of this kind also is the granting of Possession to Minors Ex Edicto Carboniano so called from Cneus Carbo the Praetor and Authour of that Edict For when upon the death of a Parent Intestate any question or Controversie arose to the Pupil or Minor either Male or Female by the Masculine line concerning the inheritance or goods of such Parent as also concerning the state quality or condition of such Minor or whether he were the legitimate Child of such Parent In all such cases daâ—ur Carboniana bonorum Possessio saith the Law that is such Minor shall by that Edict be put into possession of the said goods he first giving good caution or security not to diminish the same during his Minority and in the mean time the dispute in Law or Controversie touching the right of Title to the said goods as also touching the state quality and condition of such Minor is by the same Edict to be deferred and put off untill he come of full age Likewise under this head falls Manumission or the setting at liberty such as were under the servitude and dominium