Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	defendant_n	plaintiff_n	5,340	5	10.3536	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A11512	A full and satisfactorie ansvver to the late vnaduised bull, thundred by Pope Paul the Fift, against the renowmed state of Venice being modestly entitled by the learned author, Considerations vpon the censure of Pope Paul the Fift, against the common-wealth of Venice: by Father Paul of Venice, a frier of the order of Serui. Translated out of Italian.; Considerationi sopra le censure della Santità di Papa Paolo V. contra la serenissima republica di Venetia. English	Sarpi, Paolo, 1552-1623.	1606 (1606)	STC 21759; ESTC S116735	55,541	80

Chanceries of this citie of iudgements giuen by a Secular Iudge since they haue beene subiect to this State and not one can be produced which was tried in an Ecclesiasticall Court And it cannot be tearmed an vsurpation seeing the Clergie haue not beene drawne to these Courts as defendēts but they haue voluntarily appeared as plaintifes that which ouerthroweth this claime more then any thing else is that in such controuersies betweene Church and Church they themselues haue appeared in the Secular Court to demand Iustice against another Church Nay and out of doubt it may certainly be beleeued that the beginning of this introduction hath beene very Canonicall seeing the Clergie of that time were also very good men and zealous in the Churches behoofes and in like maner the Popes were most exact mainteiners of the Ecclesiasticall Iurisdiction and so as well the one as the other knew very well the title of that ground for which they came in sute before the Secular nor none of them euer reprehended this course of iudgement but rather securely we may affirme that they themselues haue brought it in And there is an expresse constitution of Iustinians that custome alone giues as great iurisdiction as a law made But in that his Holinesse saith in his Monitorie C. de eman lib. l. vlt. that the Senats ordinance constituteth in bonis Ecclesiasticis emphyteoticis it must necessarily be that either his ministers haue had some other copie or writing then the true originall or else that transported with affection they supposed they saw that in it which cannot be found neither in words nor sense because that emphyteoticis is not there either formally or in equiualent words and they can no waies excuse themselues by saying they thought that the sense had beene so as they haue expressed it that it is not lawfull to relate an other mans speech in other words but especially in such a manner as to restraine that to one kinde which was spoken generallie The law saith that Churches may not appropriate vnto themselues goods possessed by the Laietie their direct title and right notwithstanding reserued It is not true that there is distinction of directum and vtile onely in Emfiteusi but both these claimes concur in patrimoniall goods both the which are treated of in a title of the second booke of Iustinians Codex whose direct right may lie in the Church tit de sun patrim L. siquis fundos L. fundi patrimoniales L. hi quibus if the Prince haue giuen them it and although this maner of possessing was out of vse in Italy vnder the French Emperors and their successors and instead thereof there hath come in fee-simple yet doth there remaine in Churches but especially those cathedrall some goods of this nature which were giuen before the Emperours of Constantinople were wholly excluded from the Empire of these adiacent regions in lease perpetuall or perpetuities there is directum and vtile where notwithstanding as also in the lands aboue mentioned neither relation nor consolidation nor extinction of line take any place as Couaruuias and Valasco who are cited by many Doctors doe effectually prooue although some not very circumspect hold the contrarie A great part of the direct titles of Churches in these low Countries neere the sea which sometimes were marishes and vallies are of this kinde for this soile being altogether vnder water and reaping no fruit from it but reeds and flags they were let out for euer or at least for a wonderfull long time at a verie easie rent answerable to the profits that they yeelded though now through the wonderfull charge of the Secular both publike and priuate in raising of the ground drenching of the marishes and draning of the water they haue beene reduced to the State wherein they are whereupon the Church hath no reason in this neither by written euidence equitie of pretending prelation deuolution or vnder any other claime to appropriate them to themselues and of these the law of the Senate in a great part entreateth as also it constituteth vpon other kinde of goods as shall be expressed For it must needs be that a pension was paied to the Church either by the claime of a reseruatiue cense or imposition or that the Church in ancient times vpon sutes made haue couenanted this reseruation or that hauing beene reserued by other Lords the sellers it was afterwards giuen to the Church by them In which case this reserued cense or taxe out of doubt belongeth to the Church in perpetuum but ouer the possession stable there remaines in no sort any title vnto them by vertue of which they may pretend consolidation prelation couenant or other such like actions Fee-simple is also of this nature that in it direct title is distinguished from profits and I wonder when they would needs adde to the law of the Senate and declare it in another sense then the truth therof imported with that word Emphyteoticis why to change and adulterate it the more they said not Feudalibus but peraduenture they would not proceed so farre because they could not hope it would neuer be spied it being a vulgar word and well vnderstood of all men The word Emphyteoticis is somewhat more vnknowne and therefore was thought the fitter to be secretly put in and therefore I cannot forbeare to replie that in the Senats law the word Emphyteotici is not vsed but it generally speakes of all contracts and manner of possession wherein the two titles of directum and vtile stand diuided neither is it lawfull for any body to restraine or expresse it contrary to the true sense thereof to the end the better to bring in the conclusion following set downe in the Monitorie which otherwise could not haue beene deduced Cùm praemissa in aliquibus ecclesiarum iura etiam ex contractibus initis ipsis ecclesijs competentia auserant It is no new matter that the Spiritualtie to enter vpon goods possessed of Seculars haue assayed to bring in this name of Enfiteusi into their titles by which they receiue a canon or pension but two hundred yeeres agoe diuers cities of Italy haue stood out against them for this cause and they themselues haue otherwhiles beene constrained to giue ouer their pretences and titles and to be contented with their bare canon comming in In the same citie of Padoua Extant authentica capitula transact about an hundred and fiftie yeres since great controuersies grew betwixt that Communalty the Monks of S. Iustina and Pragia vpon this point the which they ended by comprimise where amongst other things it was set downe that in all their goods neither escheat prelation nor consolidation for di●ect line extinct should take any place as the citie then constantly auerred that from time out of minde it had beene the vse and custome of the place Paula Cas l. Consil 244. In Vrbine also before that time there fell out a great controuersie betwixt the Clergie and the people the

appointed by the almightie Creator as S. Paul sayth Minister Dei Vindex in iram ei qui malum agit wherein if he faile he is also punished with depriuation of his State Regnum de gente in gentem transfertur propter iniustitias iniurias contumelias diuersos dolos And besides the offence vnto God whereinto a Prince runnes by abandoning his subiects and they wanting their due protection other euils hereof ensue all which do tend vnto publike ruine Secular men thus ined by Priests in their liues honor or goods seeing themselues depriued of that iust reuenge which publike authority performeth herein they are with some colour of reason inuited as it were heereby to priuate prosecutions and which is worse fearing multiplication of wrongs nor hoping for iustice at the Prelats hand they go about to preuēt it with their own and thus of one growes a thousand other inconueniences which procure sedition grieuous disturbances in cities And for that which is further vrged in defence of Ecclesiasticall iudgements That exemption from Lay Courts is granted to Clerks in honour of that Order which being dedicated to diuine worship it is but reason it should be respected This is a thing which euery good iudgment will interpret quite contrarie for if it be sayd in respect of him who hath committed the offence first he deserues not to be honored and S. Paul sayth Vis non timere potestatem bonum fac habebis laudem For Socrates sayd very well Vnhappie he is that sinneth but yet much more vnhappie if he shun punishment And it can much lesse be auerred in honour of the good for they may be blemished by the companie of the wicked and good men are most honoured when they are without wicked companie S. Paul aduised vs Auferte malum de vobismetipsis modicum fermenti totam mass●m corrumpit so that if they according to the rule of the sacred canons by taking away of a wicked mans life cannot exclude them out of their number it will stand well with Eclesiasticall dignitie that their goodnesse being separated from the wicked by the authoritie of the Prince it may remaine by this meanes the more pure and sincere and therefore the more honoured And we can not say that any other libertie is taken from them but a libertie of doing euill By these considerations it is more then manifest that the Common-wealth of Venice makes no account of any extreamitie as by instituting of lawes by administring that iustice which God by the power of a supreme temporall Prince hath put into her hands neither hath she so deserued to be proceeded against with Ecclesiasticall censures and so much the rather because these thundrings haue come foorth with such expedition that euery one which vnderstandeth the courses of Rome may woonder from whence it shoud grow that causes yea and those sometime of small moment continuing in sute so longtime in Rome that most of them end rather with the death of the parties then by the Iudges sentence and yet in a matter of such consequence they haue proceeded not swiftly but euen with precipice For in the beginning of Nouemb. these matters were first mooued and in fiue moneths it grew to such a furious resolution as to excommunicate a multitude of three millions of soules and to interdict so great a circuit of ground and dominion especially when as with insupportable impatience they attended alwaies this short time with complaint that some delay might be procured and so to make vse of the time And his Holinesse descended to such a resolution in making it onely knowne to the Cardinals but without asking their opinion heerein as commonly they doe and principally in cases of waightie importance and not without some grudging of the Court of Rome he being otherwise accustomed not onely to acquaint the Cardinals with such matters but further to vse their aduice and consultation heerein And af that his last Breue of the 17. of Aprill was decreed and printed the same day he deliuered it openly in the Consistorie and proceeded immediately to intimation and setting them vp And in this also there is a matter of great wonder for it being professed in Rome that no bodie else may send for the Processe and that great vigilancie should be vsed in obseruing of the order it running in euery mans mouth by way of a prouerbe Omnis processus formatus exira Curiam vt plurimùm est nulliu yet in a matter of so great moment he proceeded without citation But they say that this is de iure naturae and they haue euer in their mouthes Adam vbi es vbi est Abel frater tuus and yet we see heerein this was not obserued But if any man say that the two Breues of the 10 of December might serue for a sufficient citation there are three things which contradict this the first is that those two first Breues of the tenth of December are also tainted with this incurable disease for in one of them declaring the nullitie of the Senats lawes and that they who made them had incurred censure they could not well come to this point before a citation to deliuer their reasons for the contrarie Moreouer admonition is one thing and citation an other as the Ciuilians very well teach vs the one peremptorilie commands obedience as in a matter already decided and the other requires but a discussion to know whether it be well and necessarie or that we are bound to obey wherefore those Breues commanding a reuokement of lawes and a consignation of prisoners vnder peace censure and penalties they cannot be called citatorie but monitorie and it cannot be said that they runne in the tenour of a citation they hauing no expresse tearme nor time set downe but they enioined execution immediately As also we cannot affirme that the Monitorie was conuertible into the nature of a citation because it expressed the tearme of 24. daies for by it the statutes of the Common-wealth were frustrate and inefficacious not after these 24. daies expired but euen at the day of the 17 of Aprill wherfore such alike annihilation cannot in any sort be conuerted into a citation And so much lesse in respect of the rest there wanting in the same a clause iustificatiue without which it cannot onely not be conuertible into a citation but further the Monitory it selfe ipso iure is nothing together with the excommunication as Nauarra prooueth at large vpon the chap Cum contingat 8 causa nullitatis And yet if we yeeld to all these defects where appeareth any citation or admonition vpon the law of 1602 which men say concerned goods enfiteoticall Rent charge and which surely is more vpon censuall goods or leases for a long time the which notwithstanding hath first place in the Monitorie and is annulled without so much as vnderstanding what the true meaning of it was or with what reason it might be defended if they had first at least