Selected quad for the lemma: kingdom_n
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A10783
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A vievv of the ciuile and ecclesiastical lavv and wherein the practise of them is streitned, and may be relieued within this land. VVritten by Thomas Ridley Doctor of the Ciuile Law.
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Ridley, Thomas, Sir, 1550?-1629.
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1607
(1607)
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STC 21054; ESTC S115989
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186,085
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248
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who was péerelesse among all Quéenes that euer went before her and vnmatchable as I verily doe beleeue by any that euer shall succéed her as their magnanimitie whereby they subdued not only their domesticall enemies but vanquished euen their forraine foes were their designements neuer so daungerous not shewing any token of discouragement either in the treasonable attempts of the one or in the malitious complotiments of the other What an excellent work of hers was that that then when all her neighbour Kingdomes round about her were drunke with the cup of the fornication of the whore of Babilon shee alone came out of Babilon and so continued constantly to the end mauger the threats of the red fierie Dragon and the floods of water he cast out of his mouth after her How excellent did she shew her selfe in those two vertues which doe chiefly preserue Princes States that is Mercie and Iudgement the Records of her time do shew so that I may spare to remember any by name which happily would be not well taken And yet truth it is that mens gouernment is more agréeable to Nature than womens is whom God in the beginning put in subiection vnder man and who for the most part are by Nature weake in bodie and thereby vnable to put in execution the great affaires of a Kingdom and vnsetled in iudgement and so hardly can determine that which is right and settle themselues thereupon yet by the numeration of certaine ill gouerning Quéens to conclude a generalitie against all gouernment of women is but an ill kind of arguing for euen by the like reason a man might conclude against Kings of which sort although there hath bin many good whom God hath vsed as instruments to worke great good vnto people in euery kingdom yet more of them haue bin euill as the Stories of euery country will shew and to abridge God of his power that he cannot as well gouerne by a woman as by a man when it is his good pleasure so to doe were great iniurie to God and a great discredit to all woman kind but to returne thither where I left In succession of Kings a question hath béene where the King hath had sons both before hee came to the Kingdome and after which of them is to succéed he that was borne before the Kingdom as hauing the prerogatiue of his birth-right or he that was dorne after as being brought into the world vnder a greater planet than the other neither hath there wanted reason or example for each side to found themselues Herodot lib. 4. Iustin lib. 11. Plutarchus in vita Artoxerxis on for Xerxes the son of Darius King of Persia being the eldest birth after his father was inthronised in the Kingdom carried away the Empire thereof from his brother Artemines or Artebarsones borne before his father came to the royall possession thereof so Arseces the son of another Darius borne in the time of his fathers Empire carried away the garland from his brother Cyrus borne before the Empire so Lewes Duke of Millan borne after his father was Guiâ—â—ard l. 1. Histor â—lonâ—us Decad. 2. lib. 6. Mich. Ritius lib. 2. de regib Hâ—â—gar Sigeb in â—roni Duke was preferred to the Dukedome before his brother Galliasius borne before the Dukedome But these examples notwithstanding and the opinion of sundry Doctors to the contrarie common vse of succession in these latter daies hath gone to the contrarie and that not without good reason for that it is not meet that any that haue right to any succession by the progatiue of their birthright such as all elder brethren haue should be despoiled therof except there be some euident cause of incapacitie to the contrarie Beside sundry contentions haue risen in kingdomes betweene the issue of the eldest sonne of the king dying before his father and the second brother suruiuing the father who should Raigne after the Father the Nephew challenging the same vnto him by the title of his fathers birthright and so by the way of representation for the eldest son euen the father yet liuing beares the person of the father how much ff de liberis posthumis l in suis then rather his father being dead Whereupon the Law cals as well the sonne Filiusfamilias as the father Paterfamilias for that the son euen during the fathers life is as it were Lord of his fathers state the other claiming as eldest son to his father at the time of his death vpon which title in old Pausanias lib. 3. Historiaris time there grew controuersie betwéene Areus the son of Acrotatus eldest son to Cleomines King of Lacedemon and Cleomines second son to Cleomines and vncle to the said Areus but after debate thereof the Senate gaue their sentence for Areus right against Cleomines beside Eunomus Plutarch in vita Licurg King of Lacedemon hauing two sons Polydectes and Lycurgus Polydectes dying without children Lycurgus succéeded in the kingdom but after that he vnderstood Polydectes widow had a child he yeelded the Crowne to him wherein he dealt far more religiously then either did king Iohn who vpon like pretence not only put by Arthur Plantaginet his eldest brothers son from the succession of the kingdom but also most vnnaturally tooke away his life from him or king Richard the third who most barbarously to come vnto the kingdom did not only sley his two innocent Nephewes but also defamed his owne mother in publishing to the world that the late king his brother was a bastard Our Stories Bartel l. si viâ—ae matre C. de bonis maternis primogeniti filii noÌ„ excludâ— secuÌ„dogenituÌ„ in regno doe not obscurely note that controuersie of like matter had like to growne betwéene Richard the second and Iohn of Gaunt his vncle and that hee had procured the counsell of sundry great learned men to this purpose but that he found the hearts of sundry Noblemen of the Land and specially the citizens of London to bee against him whereupon hee desisted from his purpose and acknowledged his Nephewes right Yet notwithstanding when as Charles the second Vicerius in vita Henricâ— 7. King of Cicill departed his life and left behind him a Nephew of Charles his cloâ—st son surnamed Martellus and his younger son Robert and the matter came in question which of them should succéede Clement the fifth gaue sentence for Robert the younger son of Charles deceased against the son of Martellus being Nephew to his Grandfather and so caused the said Robert to be proclamed king of both Caecils Clem. pastoralis de re iudicata which was done rather vpon displeasure that Pope Clement conceiued against the Emperour Frederick than that there was iust cause so to doe And yet Glanuill an old reuerent Lawyer of this Land and Lord chiefe Iustice vnder Henry the second séemeth to make this questionable here Glanuil l. 7. c. 3. in England who should bee preferred the Vncle or the
Court then needed not this complaint that now is but euery Iurisdiction should peaceably hold his owne right such as the Prince Law or Custome hath afforded vnto it THOMAS RIDLEY The contents of this Booke THE Diuision of the whole booke into foure parts pag. 1. What right or Law is ingenerall 1. What is the Law publicke and what the Law priuat 1. 2. What is the Law of Nature 2. What is the Law of Nations 2. What the Law Ciuile 2. That there be foure Tomes of the Ciuile Law The Digest the Code the Authentick and the Feuds 3. The Institutes are an Epitome of the Digest 3. What is the Digest and why it is so called and why the same are called the Pandects 3. What are the Institutes and why they are so called 4. The Pandects or Digest are diuided into seuen parts and they againe into fiftie Bookes 4. That the first part thereof conteineth foure Bookes and what is the sum thereof 4. That the second part hath eight books and what is the contents thereof 5. That the third part stretcheth it selfe into eight bookes and what they contein 6. That the fourth part containeth eight bookes and the contents thereof 7. That the fift part comprehendeth nine bookes and the matter thereof 9. That the sixt is spent in seuen bookes and the subiect thereof 11. That the seuenth part is diuided into six books and the matter thereof 15. The second Volume of the Ciuile Law is the Code which is distributed into twelue bookes 27 Why the Code is so called 28 The Argument of the first booke of the Code 30. 31. 32 The 2. 3. 4. 5. 6. 7. 8. 9. booke of the Code containe like Titles as were handled in some one or other book of the Digest except onely a few as De Edendo de Indicta viduitate de Caducis Tollendis and some other small number beside 33 The Contents of the tenth booke of the Code 33. 34. 35. 36. 37. The Argument of the eleuenth booke of the Code 38. vsque ad pag. 41. The matter of the twelfth booke of the Code 41. The Authenticks are the third Volume of the Ciuile Law and why they are so called 45. That the Authenticks are diuided into 9. collations 45. What is the sum of the first Collation 46. What is the matter of the second collation 47. What of the third 48. What of the fourth 49. What of the fifth 50. What of the sixt 52. What of the seuenth 54. What of the eighth 55. What of the ninth 56. That the feuds are the fourth and last volume of the Ciuile Law 61. What a Feud is why it is so called and who were the first authors thereof 61. 62. How many kind of Feuds ther be viz. Temporal or perpetuall 62. 63. What is a Temporall Feud 63. What a perpetuall Feud 63. Perpetuall Feuds are gotten either by inuestiture or by Succession 63 What is Inuestiture 64 What is Succession 64 Of perpetual Feuds some are Regal some other not regal 65 What are Regall feuds 65 That of Regall Feuds some are Ecclesiasticall some Seculer and what either of them are 65 What be not Regall Feuds 65 Beside of Feuds some are Liege some other not Liege and what either of them are 65 What be vassals or liegemen and how many sorts there bee thereof 65 What be Valuasores Maiores and what Minores 65 By how many waies a Feud is lost 65 What is the Canon Law and that there are two principall parts thereof the Decrees and the Decretals 66 What be the Decrees and whereof they are collected and who was the author thereof 66 That there be two parts of the Decrees the Distinctions and the causes 66 What the Distinctions doe containe and what the causes 67 What be the Decretals and whence they are gathered 67 That there be three volumes of the Decretals the one called the Decretals of Gregory the ninth the other the sixt the other the Clementines who be the authors thereof when they were first set out 68 That each of them is diuided into fiue bookes 68 What the first booke of the Decretals comprehendeth 68. 69. 70. What the second 71. 72 What the third 73 What the fourth 74 What the fift 75. 76. 77 That the things the Ciuile Law is conuersant in here in this Realme are either ordinarie or extraordinarie 78 Of the ordinarie some are Ciuile some other are criminal 79 Ordinarie Ciuile matters are all Marine matters pertaining to the ship it selfe or any part thereof and all contracts betweene partie and partie concerning things done vpon or beyond the sea 79 Of shipwracks which notwithstanding are so of the cognition of the Ciuile Law within this Realme as that they are granted by the Kings Commission to the Lord Admirall and other which haue like Iurisdiction 83 The maner of proceeding in Ciuile Marine matters 84 Of Piracie and what it is which also is held by the Regall Commission and the maner of proceeding therein 85 Of extraordinarie matters belonging to the Ciuile law within this Land by the benefit of the Prince 86 Negotiation betweene Prince and Prince and the treatie thereof 86 Martiall causes in an Armie Ciuile or criminall and the ordering of them both 87 The bearing of Armes and the ranging of euery one into his roome of honor and the diuersitie of them and how they are to be come by 89 Of the diuersitie of colours in bearing Armes and which is the chiefest of them 91. 92 Of Emperours and Kings and the great Epithites they haue in the Ciuile Law 92 Of Precedencie and Protoclisie in great persons next after the Emperour and King 93 Of Knights and Doctors of Law and their precedencie 95 Of Esquires and Gentlemen 95. 96 Of great personages how they succeed each other in inheritance and other places of honour 97 Of womens gouernment and the defence thereof 98 Certaine questions in Succession betweene a brother borne before his fathers Kingdom and a brother after who shall succeed 100 Questions between the Kings second son liuing at his fathers death and the eldest brothers son his father dying before the Kings death who shall succeed 101 Of the Tytles of the Canon law in vse or out of vse among vs. 102 Some out of vse by reason of the palpable Idolatrie they conteined 103 Some other out of vse because they were contrarie to the laws of the land 103 Of Bishops Chauncelors their Office and Antiquitie 104 Of those Tytles that are absolute in vse among vs recited by Doctor Cousen in his Apologie for Ecclesiasticall proceeding 109 How the exercise of the Ciuile and Canon Law is impeached within this Realme and by how many waies 109 What is a Premunire 109 That Ecclesiasticall Iudges executing the Kings Ecclesiastical Law cannot be within the compasse of a Premunire as Prem is vnderstood by the statut of R. 2 and H. 4. 110 That the word Elswhere in the said statuts cannot be vnderstood of the