Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	body_n	natural_a	nature_n	2,983	5	5.5283	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

ad vniuersaliter i. Vniuersallie For there be many Ordinaries according to the verse Illustris primus medius spectabilis imus but such an Ordinarie here by the title of Ordinarie we must vnderstand that is to say to whom is power giuen and auctoritie from the law or from the prince to render iudgement vniuersaly such be the BB. of euery prouince howbeit their iurisdiction is not in this cognisance ordinarie but delegata such as the iurisdiction is quae demandatur à principe specialiter ad vnam vel plures causas The vnder or inferiour Ordinaries principally such as be surrogates abroad in exempted iurisdictions we will not handle here but els where and there in their places Hi enim leuia tractant i. Their iurisdiction consisteth in lighter matters as did the potestates and defensores Ciuitatum and municipales magistratus whose cognisance exceeded not three hundred shillings Latissimè patet his office is exceeding spatious it is interposed sometime in place of principall actions as in case where auxilium ordinarium i. reliefe by way of ordinarie action is wāting but where ordinarie means may be had there is no recourse to his extraordinarie assistance and this either at or without the instance of any party aut cis inuitis sometime it is interposed incidenter incidently it reiecteth somtime the action sometime it detracteth from it quandoque deseruit ei i. It serueth other whiles the action or subiecteth it selfe vnto it this we cannot prosecute here particularlie It is generallie his office two-fold that is to say Noble or mere and mercenarie they differ thus these offices viz. His noble office is that Quod per se subsistit nulli actioni vel exceptioni deseruiens vel adhaerens sed sui solius nobilitate gaudens his Mercenarie that Quod adhaerit actioni vel exceptioni impotens stare per scipsum vnde famulando deseruit alij sicut faciunt mercenarij that is to say It subsisteth his noble office of it selfe relying neither to action nor exception but vpholden onely by the exellencie of it selfe the mercenarie that that serueth or subiecteth it selfe to the action not able to stand of it self but dependeth as mercenaries or hirelings do so termed Quia nomina esse debent consequentia rebus i. Names must be appliable to their things Touching their iurisdiction the worde comprehendeth generally merum mixtum imperium these be included in the offices we haue mentioned heere It comprehendeth also modicam cohertionem or simplicem iurisdictionem as much to say as that quae commissa intelligitur eo ipso quod causae alicuius commissio demandatur such is the cognisance of the trial of Bastardy that is to say Committed to the Ordinarie from the Prince Hence his iurisdiction in this triall is not ordinaria as I said before but delagata Neuerthelesse wee repute him generally namely the B. a perpetuall and naturall Ordinarie Here we will leaue the Ordinarie and his generall office and returne to the point viz. His office in the triall of Bastardie and his order in proceeding there but let no man vnderstand by order the order iudiciarie substantiall proces or regular solemnities required by the lawe all which be discoursed in their places in the Ordinarie according to that part of pollicie and maner of gouernment of this land without which a sentence or iudgment hath no validitie for that were nothing els in summarie causes such as this cognition is but to peruert order wee might speake of heere plenarie and summarie causes their natures cognisance and difference but because the argument will not endure heerein their discourse at large we will also amongst the rest leaue them to the tractat of the Ordinarie Officium vero ordinarij briefly the Ordinaries office is this viz. Conuocatis conuocandis c. that is to say The parties summoned that bee required to be called before him in this triall in their presence then and either of thē if they appeare that he proceed to a diligent and summarie inquisition according to the tenor of his writ the order and scope whereof the law comprehendeth in these wordes viz. Summariè de plano sine strepitu figura iudicij that is to say Summarily plainly sine strepitu i. Without noise of aduocates such as was the finishing of Salomons Temple wherein was neither hewing nor hammering heard Figura importeth as much in iudgement as a perfect similitude or likenesse doth in any thing els i. The verie apparant forme picture and face as it were of iudgement it selfe framed of that substantiall iudiciarie order and proces that wee haue mentioned Hereof viz. Of such summarie causes the plenarie cognition was reputed in the end a wastfull prorogation and grewe to be in proces of time both hurtfull and hatefull Such be the causes of Benefices Tythes Matrimonies and Vsuries from whence sprang the constitution in the canons Dispendiosam in manner and forme ordained as followeth viz. Dispendiosam prorogationem litium quam interdum ex subtili ordinis iudiciarij obseruatione causarum docet experientia prouenire restringere in subscriptis casibus cupientes statuimus vt in causis super electionibus postulationibus vel prouisionibus aut super dignitatibus personatibus officiijs canonicatibus vel prebendis seu quibusuis beneficijs ecclesiasticis aut super decimis ad quarum etiam prestationem possunt qui tenentur ad eas premoniti censura ecclesiastica coerceri nec non super matrimonijs vel vsuris eas quoquo modo tangentibus ventilandis procedi valeat de cetero simpliciter de plano ac sine strepitu iudicij figura volentes non solum ad futura negotia sed ad presentia adhuc etiam per appellationem pendentia hoc extendi I must not omit the question and doubt that arose in those times touching these wordes summarie de plano sine strepitu figura iudicij The question and doubt was great the Decretall therefore intituled Sepe contingit ensued heereupon to manifest and explane the constitution the question and doubtes Sed adhuc per ipsum decretalem writeth a learned doctor of the lawe non fuit plenè consultum seu succursum auribus causidicorum Neither saith he is that any maruaile and his reason is Quia ipsorum natura ad lites querendas est inclinata semper cogitant lites ex litibus suscitare The regular solemnities were abrogated in such summarie causes and reserued so farre forth as they bee mentioned to be in that decretall abrogated and reserued and not otherwise The Iudge is therefore freed from in these cognitions the obseruation of iudiciall order and forme required in other causes in the bodie of the lawes Canonici and Municipalis Neuerthelesse hee continueth as also the decretall forbiddeth not that obseruation in iudgement in these causes still that nature and naturall reason ordained citation for example is one obserued

the kings writ of Bastardie Their instance The conclusion of he nobles at Merton fol. 7 CHAP. III. The transmission or writ of certificat to the Ordinarie The Statutarie antecedents to the same fol. 24 CHAP. IIII. The Ordinarie His office and order in proceeding fol. 31 CHAP. V. Of matrimonie and legitimate issue fol. 39 CHAP. VI. Of consanguinitie or bloud The figure and declaration thereof fol. 51 CHAP. VII Of affinitie or alliance by marriage The figure and declaration thereof fol. 58 CHAP. VIII Of the prohibition Leuiticall fol. 67 CHAP. IX Of the prohibition Canonicall fol. 71 CHAP. X. Of the succession of the statutes in marriage and their force at this day fol. 77 Faults escaped in the printing Pag. 15. line 26. for that is descended read from whom is descended Pag. 41. line 17. for excesse read accesse Pag. 48. line 24. in the note for Patrimonium read Matrimonium Pag. 21. line 3. in the note for A2 28. read an 25. cap. 19. The Triall of Bastardie CHAP. I. Of possessions and Natiuities their cognisance and triall THe issue of the defiled bed before we come to handle it either in it selfe or the contrary least happily the readers should some of them looke for another issue here than I know they be likely to finde I meane a relation of pleadings in possessions after the common lawes I aduertise them before hand howsoeuer this may seeme to fit the argument Haec non iudicantur in Ecclesia The church hath no cognisance of them The possession of Radulphus and Agatha his mother left them by Radulphus the father and grandfather to Agatha and hir sonne when he went to Ierusalem impeached afterwards by F. great vncle to Radulphus the sonne in that he obiected this Agatha was begotten by Radulphus hir father of Au●line the wife of Alan in the time of Alex. 3. manifesteth as much in the Canons For when the incidēt question of hir natiuitie arose before the secular Iudges it came in the end to the audience of Alexander who in his commission in that cause of the Iurisdiction of the church to the BB. of London Worcester hauing touched the possessory Iudgement of the king countermaunded immediatly againe his former rescript in these wordes viz. Causam quae inter R. F. super eo quod mater dicti R. dicitur non fuisse de legitimo matrimonio nata agitari dinoscitur vobis commisimus terminandam verū quod literis nostris inseri fecimus v●praefato R. possessionem omnium quorum possessor extitit quando Auus suus proficiscendi Hierosolimam iter arripuit ante principalis causae ingressum faceretis restitui si eadē possessione fuisset per violentiam spolitatus Nos attendentes quod ad Regem pertinet non ad ecclesiam de talibus possessionibus iudicare ne videamur iuri regis Anglorum detrahere qui ipsarum iudicium ad se assorit pertinere f. v. mandamus quatenus regi possessionum iudicium relinquētes de causa principali videlicet vtrum mater predicti R. de ligitimo sit matrimonio nata plenius cognoscatis causam huiusmodi terminetis c. that is to say The cause or question notoriously knowne to be moued betweene R. and F. touching that that the mother of the sayd R. is affirmed not to be borne in lawfull matrimonie we haue committed to you to be determined howbeit where we caused to be inserted in the same our letters that you should see the possession of all things restored to the aforesaid R. that he possessed when his grandfather tooke his iourney to Hierusalem before your entrance to the principall busines if violently first he he had beene spoiled of the same weighing that the Cognisance of such possessions appertaineth not to the church but to the king least we should seem to derogate from the right of the king of England who claimeth they pertain to himself we require you leauing the possessorie iudgement to the king that you take absolute knowledge of the principall cause that is to say whether the forenamed R. his mother bee borne in lawfull matrimonie determine the same The politique bodie of this land considered as it is compacted of all sortes and degrees of people deuided onely in tearmes and by names of spiritualtie and temporaltie hauing auctoritie the one part commonly called the English Church to declare interprete and shew any cause question or doubt of the Law diuine or spirituall learning and to administer such offices and dueties as to their roomes spirituall doth appertaine the other the lay or temporall Iudges for triall of propertie of landes secular contentions as also the conseruation of the people of this Realme in quiet and peace and howe they doe both their auctorities and iurisdictions conioyne together in the due administration of iustice the one to helpe the other appointed so ordained and instituted to that purpose and end that the kings queens of the same according to their plenarie power from God might be furnished of themselues to render iustice and finall determination to all subiects and in all causes as they haue and doe at this day hold of God to themselfe and by their sword their people and crowne acknowledging no superiour on earth without restraint or prouocation to any pope prince or potentate in the world may giue a light to that we haue said of the spirituall and secular powers before For howsoeuer they may seeme to be distinguished in themselues they be but one body hauing but one onely head the royall and kingly maiesty of this land where the Aristocraticall gouernmentes and Democraticall haue been euermore strange vnto vs for deuided in times past into many sundry kings reigning ech absolutly in his country not vnder the subiection of other till by fighting the vanquished alwaies falling to the augmentation of the vanquisher it grew at the last into one Monarchy neuer did any take inuestiture at the Emperors hand of Rome or any other superior forraigne prince or Potentate but held as I sayd before and as they haue doe and will hold of none but of God their people and crowne Hence it is taken for an Empire in the world wherof as did Vlpian de publico romanorum iure I may as boldly write viz. Huius sacrosanctae Augustae ciuitatis status in sacris sacerdotibus magistratibus consistit that is to say The state of this imperiall common-wealth consisteth in holie thinges and in priests and magistrates for so we repute no lesse the magistrate thā the priesthood to be ordained of God as the apostle teacheth whereof Duarenus dilateth thus viz. Sunt cnim magistratus sacerdotium velut vnius corporis id est ecclesiae duo membra precipua quorum alterum alterius auxilio eget Verily they are saith Duarenus the magistracie and priesthood as it were of one bodie that is to say two principall members of the Church hauing need the