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A01292 A parallele or conference of the ciuill law, the canon law, and the common law of this realme of England VVherein the agreement and disagreement of these three lawes, and the causes and reasons of the said agreement and disagreement, are opened and discussed. Digested in sundry dialogues by William Fulbecke. At the end of these dialogues is annexed a table of the sections ...; Parallele or conference of the civill law, the canon law, and the common law of this realme of England. Part 1 Fulbeck, William, 1560-1603? 1601 (1601) STC 11415; ESTC S102689 180,892 262

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A PARALLELE OR CONFERENCE OF THE CIVILL Law the CANON Law and the COMMON Law of this Realme of England Wherein the agreement and disagreement of these three Lawes and the causes and reasons of the said agreement and disagreement are opened and discussed Digested in sundry Dialogues By WILLIAM FVLBECKE At the end of these Dialogues is annexed a Table of the Sections or Diuisions of the principall points matters and questions which are handled in euery Dialogue AT LONDON Printed by Thomas Wight Anno Domini 1601. TO THE MOST GRATIous and reuerend Father in God IOHN by the prouidence of God Lord Archbishop of Canterburie Primate and Metropolitane of all England and one of the Lordes of her Maiesties most honorable priuie Councell RIght Reuerend right Honorable and my singular good Lord as nothing is more comfortable to the Mariner or Sea-man then after a great tempest to possesse a pleasant calme and gratefull serenitie so nothing is more plausible and acceptable to them that haue employed and exercised themselfes in any parte of learning then after theyr long and laborious trauaile to enioy the warmth and bright reflexion of an honorable countenance this partly and if the great arrearage of duetie and thankfulnes which I owe to your Grace doe not chalenge prioritie especially hath moued and enforced me to present to your honorable view and patronage these tripartite Dialogues to whom her sacred Maiestie hath committed the executing and maintenance of the Ciuill and Canon lawes in these Dialogues by my slender pencill rather delineated then described and because the Common lawe cannot otherwise be diuided from these twaine then the flower from the roote and stalke therefore this entier discourse I haue wholy submitted to your Graces tuition and disposall in which I sought rather to profite the vnderstanding then to please the sense with a plausible copious and polished stile or with foreyne conceyts not belonging to the titles of the Lawe which I handle assuring my selfe that as verball delites and affected vanities are to your Lordship odious irksome and of no accompt so they are in truth to the gaping eares of this curious age very snares and Sirens Wherfore humbly referring my selfe to your Graces excellent wisedome and abundant clemencie for the imparting of a fauourable regarde and countenaunce to these my vnworthy labours I beseech the almightie God with the most submisse deuotion of my harte that the dayes of your lyfe which the Lorde of life multiplie may be the degrees of your happines to the great good of this Church and Common-weale to the exceeding comforte and contentment of such as be studious of vertue Lawe and equitie and to the immortall propagation of your fame and memorie thorough all ages and times vntill the last time of all ages Your Graces most humble and bounden William Fulbecke TO THE COVRTEous Reader CVrteous Reader it is obserued by Seneca that in one and the same plotte of ground the Hound seeketh for a Hare the Oxe for good grasse and the Storke for a Snake or Lizarde a Senec. epist 109. In eodē prato bos herbam quaerit canis leporem ciconia lacertam and my desire was that in this booke of Dialogues the seuerall students of the Canon lawe the Ciuill law and the Common law of this Realme might haue diuerse repast according to their disagreeing appetites b Horat. Tres mihi conuiuae prope dissentire videntur Poscentes vario multùm diuersa palato matters suteable to their distinct contemplations for it seemed straunge vnto me that these three lawes should not as the three Graces haue their hands linked together and their lookes directly fixed the one vpon the other but like the two faces of Ianus the one should be turned from the other should neuer looke toward or vpon the other and weighing with my selfe that these lawes are the sinewes of a state the Sciences of gouernmēt the artes of a cōmon weale I haue seriously often wished that some ioynt discourse might be made of these three excellent Lawes whereby the agreement and disagreement of them and the grounds and reasons therof might euidently appeare by some very skilfull in these Lawes well grounded and if it might be which I neuer yet saw professed in the same and in such a plentiful haruest of florishing wits in this lād which are adorned with great varietie of reading as the firmament with diuersitie of starres I could not but expect the euent of so good a thing yet in the end when I saw many daies ouerpasse and slide away without the successe of my desire taking my wishe to be somewhat more then Vigilantis somnium I thought it better to make some triall of my slēder abilitie to put my wishe in practise to lay that heauie burdē vpon mine owne feeble shoulders then that such a profitable thing should be altogether frustrate of attempt howsoeuer voide of effect by that meane if it might be to excite and stirre vp some other quem Musae comitantur artes to vndertake this taske and farre more fully iudiciously and learnedly to accomplish this busines For I remember the saying of D. Bartolus a principall Author in the Ciuill lawe that these things which are not very well inuented yet may bee profitable in this respect because they may perhaps prouoke others to the inuestigatiō of the truth c Prosunt minùs recte excogitata cum alios incitent saltem ad veritatis inuestigationem Bartol in tract test Great forcible reasons haue mooued me to haue in speciall regard the knowledge of the lawe considering that by the good constitution establishment obseruation therof al cōmon weales which are growne to hight and preheminēce haue had their prosperous rising their abundant increase and their fortunate continuance but by the want breach or chaunge of good lawes nothing hath ensued but the desolation downefal ineuitable ruine of many dominions and estates Not to trouble your patiēce with instances of pettie prouinces and inferior regiments by your fauours let the foure most eminent cōmon weales of the world be tried by this touchstone let my assertion by their destinated courses be measured and examined The foure common weales I speake of were the Cretensian Athenian Lacedemonian and Romane estates the first was of all these the formost and most auncient famosed by the Lawes of Minos who so studiously employed his paynes in the making and amending of Lawes for the space of nine yeares together that this Common weale being well setled was well fenced against future mishaps and continued in great prosperitie till the Romanes grewe too strong The Athenian Common weale was first guyded by Dracoes Lawes written not with inke but with bloud rather terrors then rules of estate wherfore these for their too great asperitie being cancelled and antiquated Solon that sage Father beyng contrarie to the foolish Prouerbe or rather by-woord both a great Clarke and an excellent