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cause_n	king_n	law_n	prince_n	3,191	5	5.6737	4	true

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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

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

well governed common wealths a very few excepted whereof all-be it sundrie of them by the light of nature haue many rules of the Ciuil law yet if all the lawes of all other Countries were put together none excepted saving the lawes of the Hebrews which came immediatly from God for wisdome grauitie law or equity they come not neare to the law of the Romans whence it is that all other nations saving our owne although they receiue not the Ciuil law wholly for their law yet they honour and admire so much the equity thereof that they interpret their owne lawes thereby For the canon law it followeth What the Canon law is THat it is which is concluded in the Volumes thereof mentioned in the 10 page of the Epitome the Decrees Decretalls Sect clementines Extrauagants But let the Reader be advertised by the way that not all that is concluded in those Volums nor in the Tomes of the Ciuil law before but only the lawes constitutions extrauagants such as are An 〈◊〉 H 8 Cap 19 in an 〈◊〉 England intit An Act of the 〈◊〉 of the Clergie And 〈◊〉 8 H 8 cap 〈◊〉 Act 〈◊〉 Act against the 〈◊〉 〈◊〉 of the 〈◊〉 of R me an act for 〈◊〉 not crossing to the law of God nor adverse to the 4 first generall councells that at Nice That at Constantinople That at Ephesus that at Calcedon Nor contrary nor repugnant to the Royall Prerogatiue of the King Nor yet to the lawes Statuts Customes of his Kingdomes are the lawes we hold and follow for the Ciuil and Canon lawes in the Kings Dominions whereinto they were induced out of their volumes not the volumes themselues where though we reade them because they be not volumed by themselues but lye dispersed here and there amongst the rest therein wee hold not the rest amongst them as wee hold them for the Kings Ecclesiasticall lawes no more then we hold the Apocripha in the Bible though in the Bible for Canonicall scripture with this intimation I descend to the causes of the Cognizance or Cognition of these lawes in the Church or Common-wealth in the King Dominions what they are A Schedule of Such causes or actions of the Church by the Ciuil and Canon lawes as doe atise betweene party and party ordinarily As they call them causes of instance or At instance viz. Debates in 1 Church seruices with-holden from their Chappell 's 2 Ecclesiasticall promotions dignities or benifices 3 Spirituall pensions 4 Tithes 5 Sedile causes or seates in Churches 6 Dilapidations 7 Procurations 8 Testaments 9 Legacies 10 〈◊〉 11 Diuorces 12 Diffamations With their and every of their Incidents and Emergents A Schedule of such causes or actions of the Church as by the Ciuil and Canon lawes doe arise by Accusation Inquisition or Denuntiation Such are against 1 Offences against the act of 20 Elizabeth Cap. 20 for the vniformity of Common prayer c. 2 Pollutions of churches and church yards 3 Fighting or quarrelling in Churches or church-yardes 4 Herisies 5 Schismes 6 Apostasie 7 Idolatrie 8 Violation of the Sabbath 9 Violation of the Interdicts of the Church 10 Excesses in Prelats 11 Excesses in Clarks 12 Sacrilege 13 Sortilege witcheraft Inchantment 14 Laying violent hands vpon a Clerk 15 A Clerk a striker 16 Blasphemye 17 Periury ecclesiast 18 Simonye 19 Vsurie 20 Execrations 21 Imprecations Imprecātes debilitates Naufragia Morbos c. 22 Incest 23 Adultery 24 Fornication 25 Lenocinie 26 Obscenitie or Ribaldrie 27 Drunkennes Non frustra sunt instituta Regis Potestas Cognitoris ius vngulae carnificis arma militis disciplina dominantis seueritas etiam boni patris Habent omnia ista modos causas rationes vtilitates Haec cum rimentur malicoërcentur boni quieti inter malos viuunt Cap frustra 23. q. 5. SVndrie other matters and causes there are some ordinarie some extraordinarie some Ciuil some Criminall of the Conusance of the Ciuill law within the dominions of the King which not of the Cognizance of the Church whervnto this Appendix streights me I set them not in the Schedules thereof And yet for the honour of that learning more satisfaction of the Reader I will point thereat herein no more least it should exceede cōpasse I meane the compasse of an Appendix to so small an 〈◊〉 of which learning let the Reader vnderstand that first the Lord Admirall of the Sea Next the two Vniuersities Cambridge and Oxford haue a larger exercise therein then the Church or other places in the Common-wealth haue to season thereby the professors of that learning there with that practice thereof to make them the apter for such services therein as the Prince his Cōmon wealth at home with Princes and their Common wealthes abroad may require Now where the Nations round about vs farre neare are ruled by the Ciuil law wherein Princes treat with Princes of peace or warre or other Cōmon wealth-affayres by their Ambassadours if not Ciuilians attended by Ciuilians by whom they treat How meanely soever the Penmen of the Theses or positions in the Epitome before or their followers therein hold the Ciuilian his learning how Princes and their Common wealthes esteeme of them their imployments in their services in that learning shew But what doe I point at treaties betweene Princes no ordinarie obiect of the Ciuil law neyther deales it ordinarily but incidently therein by Commission from the Prince So it doth in Martiall affaires in an Armie So it doth in Ensignes and Armes And so 〈◊〉 doth in decisions of rights in Precedencie in Place Honour when such debates doe happen as many times they doe sometimes in the Church sometime in the Common wealth so in 〈◊〉 of like kinde which of the Science of the 〈◊〉 law though not of the practice of it ordinarily for the honour of that learning I could not passe by them and not point at them nor leave vntoucht their honouring that Science whose authorityes for Iudgment all the world honours Latret igitur Criticus quisquis volet modo nunquam latrare desinat Sayeth one of these authorityes of that law Ea est meaning the same nobilis 〈◊〉 iudi 〈◊〉 omnia fine 〈◊〉 〈◊〉 est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 de vas Ipsa est quae 〈◊〉 〈◊〉 non est 〈◊〉 A third Ipsa est quae nobilitat addiscentes And sayeth a fourth And I Cap. 〈◊〉 do 〈◊〉 〈◊〉 Cap. 〈◊〉 〈◊〉 say no more Conduplicat 〈◊〉

the Crowne For the second of the foresaid reasons as where the Bishops in their Cōsistories haue not had their vicars generalls whō we call their Chancellors as in many partes in this kingdome wherin we live they have not how many just causes vpon grievances in proceeding before the Bishops givē haue beene appealed quareled the plaintifes in the first instances before the Bishops the Iudge à quo in the cause of appeale or quarell overthro wen before the Iudge of the Appeales or quarell the Iudge ad quem to the insupportable travell and expence of the subiect their transmissions in the causes in the Registries of the Courts of Appeales quarrells doe shewe which doe cut so sore vpon the poore many tymes that spent by that occasion in the second instance he is not able to prosecute in the principall the first and so looseth all operam oleum To meet with this mischeife or Inconuenience rather the law hath provided in great wisdome that if a Bishop will hold himselfe so compleat a Iudge within himselfe as that he needes no Chancellor but will proceed without him ordinarily his Metropolitā the Arch-Bishop of whose province he is may compell him therevnto or if he will not be compelled may put vpō him a Chancellor as the King the supreame ordinary may vpon the Metropolitan in the case and supplie his neglect in the Suffragan Bishop If the Metropolitan supplies it not For as each superior ordinary over the immediat vnder him hath his supplitorie power by the law so hath the King the supreame ordinarie over them all subordinates vnderhim his supplitorie power by the same rule so necessarily holdes the law those officers whom it may not be omitted Published by 〈◊〉 〈◊〉 of the Lords 〈◊〉 and counsell 622 〈◊〉 In his his late Maiestie in his late instructions for the ordering setling the Courts and course of Iustice within this kingdome hath confirmed viz. in his 45 instruction or direction thus That the Bishop of every 〈◊〉 〈◊〉 order to appoint honest sufficient 〈◊〉 Chancellors Commislaries to 〈◊〉 〈◊〉 risdictiō vnder them Iudicious Reader I 〈◊〉 said though not so much by much as might be said to this the rest of the 〈◊〉 〈◊〉 I haue passed over yet more then I 〈◊〉 to deale with their Authors out of their Elemēts in this kind Apelles sent the 〈◊〉 〈◊〉 to his last when he gaue his Iudgemēt though but of the foote of the picture he had 〈◊〉 though a part of the body whose picture 〈◊〉 was that belonged to his trade Our Authors haue gone as high aboue the foote as the height of the head the Bishops of the Church The lawes of the Church The Courts of the Church the Iudges of the Church vnder the Fathers their Chancellors whē we call their vicars generalls with whom they haue dealt as Painters vse to doe with the Image of GOD whom no man ever saw nor that Matie seene with mortall eyes yet they can imagine an Image of him as our Authors haue done of the Bishops Courts lawes and the rest whom which though they haue seen yet not in Iudgment not prosessing their learning of whom which they haue more then boldly written though of learning Iudgment yet without learning or Iudgment Let not any Reader therefore of their Theses or positions in the premisses if he stood or stands or shal be affected to the studie of that learning in those lawes be discouraged thereby what the Ciuil Canon lawes are and what the causes are of the Cognizance or Cognition of either of them in the kings dominions in the Church or Common wealth the Reader might expect in the body of this Epitome but omitted there th'appendix therevnto ensewing opens them wherevnto the Reader is referred AN APPENDIX Wherein the Ciuill and Canon lam with the causes of the Cognisance or Cognition of eyther of them in the Church or Common wealth in the Kings Dominions what they are are opened What the Ciuil law is THe law of the Ancient Romans it is the same we call the Roman Ciuil law that was reduced by Iustinian frō 2000. bookes or very neare 2000 bookes to the 4 Tomes or Volumes mencioned before in this c de vet 〈◊〉 〈◊〉 l. 1. § 〈◊〉 〈◊〉 Epitome pag. 4. whereof the Digest or Pandext is the first so called Quia digeritomnes disputationes legum in se quasi in suoe aluo continet The second the Coàe of caudex as much to say as plurium tabularum contextus vnde tabulae codices dicuntur cōpiled as a learned Doctour D. Ridley in his view of the Ciuil 〈◊〉 law pag 〈◊〉 of ours related of 56 answears of so many Emperors with their counsell famous learned men to as many cōsulations wherof that Tome compiled is called the Code The Authenticks the third Tome or Volume Of his 〈◊〉 at large in D. Rid. view c pag 〈◊〉 of the Ciuil law are a Tome or Volume of new 〈◊〉 of Emperors after the Code brought into the body of the law called the Authēticks as authēticall of themselves proceeding as they did from the Emperors owne mouthes The Volume is devided into 9 collations or coustitutions or Sections and they into 168. Nouells and the Nouells into Chapters they were called Nouells because they were new lawes whereof some were generall concerning all all alike Persons and Places some speciall or private vnto some speciall or private persons and places The three Volumes aboue mentioned were the Tomes or Volumes of Iustinian the Emperor gathered by him some frō some Emperors his predecessors decrees and constitutions some from his owne as time occasion had bred them the latest no later then 500 yeares after CHRIST The fourth and last Tome of the Ciuil law feuds explaned by D Rid in his view c to be Customes services that the subiect or vassall oweth to his Princeor Lord for such kinds or fees as he hould 〈◊〉 of them pag. 61. are the Feuds of Feudum of Faedus or fides or as some say of Fidius whom they faine the God qui fidei praeest by whom they vsed to sweare per deum Fidiū credis iurato mihi Plaut And not vnlike For howsoever Iustinian the Emperor takes notice of them in his Nouells he tooke it frō the ancient Romans before Christ at the least from Alexander Seuerus an Ethnick Emperor 224 yeares after Christ very neare 400 yeares before Iustinians time who made Foudataries of whō likely he tooke the oath of faith and Homage and they yeelded it per deum Fidium c iurabis c. But frō whence or whomsoever they proceeded they became and are a particular Tome or Volume of the Ciuil law which is as that learned Doctour in his view c saith pag. 3. for the great wisdome 〈◊〉 Reg. iur Reg suae a 〈◊〉 muni 28. and equity of it at this day as it were the Common law of all