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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

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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