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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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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 〈◊〉