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cause_n bishop_n king_n lord_n 2,494 5 3.9441 3 true
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A18994 The triall of bastardie that part of the second part of policie, or maner of gouernement of the realme of England: so termed, spirituall, or ecclesiasticall. Annexed at the end of this treatise, touching the prohibition of marriage, a table of the Leuitical, English, and positiue canon catalogues, their concordance and difference. By William Clerke. Clerke, William, fl. 1595. 1594 (1594) STC 5411; ESTC S108078 57,457 127

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third and so descending still in the collateral lines for otherwise they differ not the 8 and 10 by the lawes the 4 and 5 by the canons and so of the residue These computations mentioned here before not regarded in their seuerall natures wrought the confusion prosecute the example particularly The Lawes we haue said of the Church and this Realme of England be diuerse in their estimation of Bastardie that is they repute it diuersly The canons distinguish here Legitimation ensues by the canons a subsequent marriage in certain cases they dispence the lawes distinguish not they respect not marriages that ensue they dispence not neuerthelesse they disable not the laws of the land the legitimation by the canons in orders and priesthood Adea vero quae pertinent ad regnum after Mr. Bracton Non sunt legitimi nec heredes iudicantur propter consuctudinem regni quae se habet in contrarium that is to say Touching the secular iudgementes of this Realme they bee not legitimat nor iudged to be heires for the contrarie obserued custome in this land The Arch-Deacon for example of Yorke vnlawfully first elected to that dignitie in the church of Worcester touched in his natiuitie many things induced especially concurring his despensation in the Canons viz. Literarum scientia morum honestas vitae virtus fama personae concors capitulielectio petitio populi assensus principis suffraganeorum suffragia humilis denotio confitētis that is to say His knowledge in learning his honsty in maners the vertue of his life the report of his person his agreeable choyse of the chapter the peoples request the prince his assent the suffagranes voices his owne humilitie which freely chose and humbly to acknowledge rather his defect than hee would Laesa ccnsci●tia i. assume the pastoral office with a wounded conscience To conclude such bee the lawes and iudgements of the church their allowance such disallowance by the lawes of the land as shall be their practise and excercise spirituall or Lay. To end in a word this generall and obscure transmission to the ordinary note by the way what a subtill fallation ensued viz. a certificate to the secular court neyther true nor false for so verum rescribatur falsum i. The ordinarie may certifie both right and wrong in diuerse respects for hee may certifie Mulier that is to say him a legitimate and rightly too to orders and dignities but of the land Bastardus that is To inheritance a bastard This for the preiudice to the laws Touching now the king the prelats his obiection their answere their instance and the nobles their conclusion at Merton Crastino sancti vinccntij i. The morrow after the feast of S. Vincent there the Archbishop of Canturbury his suffagranes and greatest part of the earles and barrons of this land assembled to the Corronation of the king and queene Alianour his wife treating of the common wealth of the same touching many articles that concerned both the king the queene to the which they were summoned al this obiection tearmed in the statutes The kings writ of Bastardy amongst othe matters was handled viz. Whether one beeing borne afore matrimonie may inherit in like maner as he that is borne after matrimonie All the Bishops aunswered vnto this That they would not nor could not answere vnto it because it was directly against the common order of the church and all the Bishops instaunted the lordes that they would consent that all such as were borne afore matrimony should be legitimat as well as they that be borne within matrimonie as to the succession of inheritance for as much as the church accepteth such for legitimate and all the earles Barons with one voice answered That they would not chaunge the lawes of the realme which hitherto hath been vsed and approued Postea verò die Iouis proximè post festum sancti Dionisij that is to say The thursday next ensuing the feast of Dionisius the same yeare the king in his court holden at Merton and namely before the most reuerend fathers the archbishops of Canterburie and Yorke the Bishop of Chichester lord Chancelor then the BB. of Duresme Ely Norwich London Bath Excester Carleil Hereford Rochester and many other honourable personages prouided when Bastardy should thenceforth be obiected in the kinges secular court against any for such a cause that is to say Thou art a Bastard and therefore Because thou wert born before thy father and mother their mariage solemnised there should be sent Loquela as much to say as that transmission we haue mentioned to the ordinarie to this effect and in this form of wordes viz. That Inquisition be made whether such or such were born before spousals or matrimony or not and that the ordinarie should certifie againe the king in the same for me of words without ambiguitie The vse of this figure and readie vnderstanding THe vse hereof is practised daily in inheritances whose right descendeth Quasi ponderosum quid THE LEGAL FIGVRE· The signification of the com passes and characters of this Figure g Great vncles great vncles vncle The son 〈…〉 h his hir sonne daughter 8 i his hir nephew neece 9 k his hir nephews neeces sonne daughter 10 l his hir nephew neeces nephew neece 11 m his hir nephews nephews neeces neeces son daught 12 f Great vncles great vncle The same aunt 6 g his hir sonne daughter 7 h his hir nephew neece 8 i his hir nephews neeces sonne daughter 9 k his hir nephews neeces nephew neece 10 l his hir nephews nephews neeces neeces son daught 11 e Great vncles vncle The same aunt iij. 5 f his hir sonne daughter iij. 6 g his hir nephew neece iij. 7 h his hir nephews neeces sonne daughter iij. 8 i his hir nephews neeces nephew neece 9 k his hir nephews nephews neeces neeces son daught 10 l Great vncle The same aunt iij. 4 e his hir sonne daughter iij. 5 f his hir nephew neece iij. 6 g his hir nephews neeces sonne daughter iiij 7 h his hir nephews neeces nephew neece 8 i his hir nephews nephews neeces neeces son daught 9 c Vncle. Aunt ij 3 d his hir sonne daughter ij 4 e his hir nephew neece iij. 5 f his hir nephews neeces sonne daughter iiij 6 g his hir nephews neeces nephew neece 7 h his hir nephews nephews neeces neeces son daught 8 b Brother Sister j. 2 c his hir sonne daughter ij 3 d his hir nephew neece iij. 4 e his hir nephews neeces sonne daughter iij. 5 f his hir nephews neeces nephews neece 6 g his hir nephews nephews neeces neeces son daught 7 eadens deorsùm recta linea vel transuersali neuer ascending againe the way that it came except it be à latere propter defectum haeredum inferius prouenientium that is to say Inheritaunce descendeth like a weighty or pōderous thing that falleth downewards in a right or collaterall line neuer ascending the way it came again but