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. This text is an enriched version of the TCP digital transcription A18989 of text S108076 in the English Short Title Catalog (STC 5406). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 66 KB of XML-encoded text transcribed from 27 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 A18989 STC 5406 ESTC S108076 99843765 99843765 8521 2248515356

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Early English books online. (EEBO-TCP ; phase 1, no. A18989) Transcribed from: (Early English Books Online ; image set 8521) Images scanned from microfilm: (Early English books, 1475-1640 ; 953:03) 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. [8], 44, [2] p. By the Society of Stationers, Printed at Dublin : An. Dom. 1631. Chiefly a reply to: Davies, Sir John. Primer report des cases & matters en ley resolves & adjudges en les courts del Roy en Ireland. Cf. Folger catalogue, which gives signatures: A-F⁴ G² . Reproduction of the original in the Bodleian Library. eng Davies, John, -- Sir, 1569-1626. -- Primer report des cases & matters en ley resolves & adjudges en les courts del Roy en Ireland -- Controversial literature -- Early works to 1800. Ecclesiastical law -- Great Britain -- Early works to 1800. Church and state -- Great Britain -- Early works to 1800. eebo An epitome of certaine late aspersions cast at ciuilians, the ciuil and ecclesistical lawes, the courts Christian; and at bishops and their chancellor Clerk, William 1631 54 11159 163 0 0 0 12 0 253.61 F The rate of 253.61 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2000-00 Assigned for keying and markup 2001-08 Keyed and coded from ProQuest page images 2001-09 Sampled and proofread 2001-10 Text and markup reviewed and edited 2001-11 Batch review (QC) and XML conversion

EPITOME OF CERTAINE LATE ASPERSIONS CAST AT CIVILIANS , THE CIVIL AND ECCLESIASTICAL LAWES , THE COVRTS CHRISTIAN ; AND AT BISHOPS AND THEIR CHANCELLORS .

WHEREIN THE AVTHORS THEREOF ARE REFVTED , 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 Common-wealth in the Kings Dominions , ( what they are , ) are opened .

BY WILLIAM CLERK , Bach. of the Ciuill Law .

CIC. lib. 2. Tusc. Et refellere sine pertinatia , & refelli sine iracundia , parati sumus .

The aspersions follow in the next fol.

OPVSCVLI DICATIO : STVDIOSIS IVRISPRVDENTIAE CANDIDATIS , CVPIDAEQVE LEGVM IVVENTVTI , HANC OPELLAM QVANTVLACVNQVE SIT , GVILILLMVS CLERK DICAT CONSECRATQVE .

THE ASPERSIONS .

THat the Ciuilians themselues confesse , that the Ciuill law is a Sea full of waues . That euery Doctors opinion ( in that learning ) is a good authority . That the like may be said of the Canon law , albeit the text thereof be scarce 400 yeares old . That for the space of 300 yeares after Christ , the distinction of Ecclesiasticall and spirituall causes , from Ciuill and Temporall , in point of Iurisdiction , was not knowen , nor heard of in the Christian world . That the Clergy , by their Iurisdiction which they had from Caesar , got wealth , which begot pride , which begot their ingratitude to Princes , which blotted Caesars name out of the stile of their Courts , and called them Courts Christian. That Bishops Chancellors ( are of late ) but vpstarts in the world . That the sloth of Bishops hath brought them in .

TO THE READER .

GEntle and Iudicious Reader , if the wisdome of a King and his Parliament in England , where the Ciuil and Canon lawes , Bishops , & their Iurisdictions were in discussion , thought it not fit the wisdome of the King alone , nor with one , nor two , nor tenne ( with him ) of the wisests of the two houses vpper and nether of his Parliament , nor vnder two sixteens with the King , 32 in the totall , the one of Temporalitie , the other of the Clergie , should looke into these lawes , to what intent , I leave the Reader to 〈◊〉 29. H 8. 〈◊〉 19. the Act it selfe , Intituled an Act of the Submission of the Clergy to the King &c. Then weigh his wisdome , & his wisdome , the two wisdomes of our two Authors , who ( alone ) haue looked into these lawes , & discerned of them , & adiudged them , & their professors ; The Bishops their Courts & their Chancellors with them , who doe execute the same ; The theses or positions named & numbred in the page ensewing next the title page , of this Epitome , had they infected but some fewe affected to the studie of this learning , & discouraged them therein , it had beene too much : But they take impression in some of our Bishops in some of the Kings dominions ( I except England ) of whom some wil haue no vicars generalls , but doe sit ( without them ) in their Consistories , where , by that occasion , whilst they determine thinking they determine ( well ) the causes brought before them , they determine ( ill ) many times therein ; whose owners thereby , somtimes the widow , sometimes the Orphan , somtimes both , do suffer amongst others : And no maruell why ; For though Persons , things , and Actions , all that lawes doe handle , or can handle in the generall , are but 3 , for whatsoever law we vse , consists in one of these 3 , Persons , things , or actions ; yet there is in each of these so many points of learning in the law , that without the reading or practice thereof , or both , can no man Iudge aright ; Iudge he may , and Iudge aright , as he that shootes & hits a marke he sees not ; so the blinde man hits the Crowe , as the prouerbe is ; a fearefull adventure in Iudgment ; will a man adventure a riuer he knowes not , and knowes there is a danger in it , but knowes not where abouts , without a guide ? A wise man will not , some ventrous doe ; but die , or live , as they hit , or misse the danger ; dayly experience teacheth this in waters ; more frequent in Iudgments ; wherein the wisdome of the law , hath set a guide , to guide him in Iudgment , in matters of Iudgment of the Church , in whom it invests the same in his person , place , or dignity ; and hath not the law , nor the practice of it , to Iudge accordingly , by his profession , as our Reuerend Fathers the Bishops meere divines , haue not ; And therefore haue , or ought to haue their Vicars generalls to guide them in Iudgment , or guide the Iudgment without them , otherwise , if they iudge amisse , or proceede amisse , in Iudgment , and so destroy it , though otherwise iust , as many times they doe , as dayly experience shewes it in our Courtes of Appeales and Quarrells in Jreland , they are inexcusable before GOD , and man .

That Appeales are made , and doe lie aswell from the learned and experienced ludge , be he never so circumspect in Iudgment , it is evident likewise ; But not the difference , ( Judicious Reader ) these appellations doe proceede from the perversnes of the Appellant , not the vnskilfulnes of the ludge , as the other doe : Their causes are remissible to the Iudge againe , from whom they came ; & are sent vnto him back againe , regularly ; The other are not so , but determinable , & determined by the Iudge of Appeale , finally ; had the wisdomes of our authors of these positions attended the wisdome of the King & his Parliament in the act aboue mentioned , expressed , ( the act , stands still in force ) before they had divulged them , I will not say what they had done therein ; better , or worse ; but better , or worse ; they haue done ; and I haue said

THAT THE CIVILIANS THE MSELVES confesse , that the Civill Law is a Sea full of waues .

THE Author fell into In the 〈◊〉 to the 〈◊〉 〈◊〉 Repoit of 〈◊〉 causes & matters in law 〈◊〉 and adjudged in 〈◊〉 Kings 〈◊〉 in 〈◊〉 fol. 4. pa 〈◊〉 printed in 〈◊〉 1615. this dispraise of this learning , from the praise of his owne , in these wordes , viz. And therefore we may say for the honour of our Law , ( notwithstanding that vulgar imputation of incertainety ) that the Iudgement and reasons of it is more certaine , then of any other humane Law in the world ; aswell because the grounds of our Common Law , haue from the beginning , beene layed with such deepe wisdome , policy and providence , as that they doe provide for , and meete with almost all cases that can fall out in our Common-wealth . As also because these groundes are so plaine , and so cleare , as that the Professours of our Law , haue not thought it needfull to make so many glosses , & interpretations thereupon , as other Lawes are perplexed & confounded withàll ; which glosses , as one doth well observe , doe increase doubts & ignorance in all Arts and Sciences : And therefore the Ciuilians themselues confesse , 〈◊〉 that their Law is a Seafull of waves , the text whereof being digested into so many volumes .

The Professors ( saith our Authour ) of our 〈◊〉 learning ( the Common Law he meanes ) haue not thought it needfull to make so many glosses and interpretations thereupon , as other Lawes ( the Ciuill & Canon Lawes he meanes ) are perplexed & confounded withall : As if he had said , we glosse not , we interpret not ; no , we are not sicut caeteri hominum , Raptores , &c. velut etiam hic Publicanus ; The Author could not honour his owne learning , but dishonour ours , nor extoll that , but debase this . But to passe over that : Doe the Ciuilians themselves confesse , ( doth any man thinke ) their Law is a Sea full of waues ? belieue it not judicious Reader , that it was a Sea full of waues ( as it was ) digested into 2000 bookes or very neare , before Iustinians time , all Ciuilians do confesse but ( since ) reduced into 50 by lustinian , as it was , which number ( now ) it exceedes not in bookes , but the same then , & now , in number & bookes , that Sea stood plaine , and stands plaine still ; not a waue troubles it . To demonstrate this , let Iustinian begin ; sayeth the Emperour when hee had accomplished the worke Et cum sacratissimas constitutiones , anteà confusas , In 〈◊〉 do confirm . 〈◊〉 in luculentam ereximus consonantiam , tunc nostram extendimus cur am ad immensa veteris prudentiae volumina , & opus desperatum , quasi per medium profundum euntes , Coelesti favore , jam adimpleuimus . Hitherto the Emperour himself . And hereupon a famous learned Ciuilians Paraphrase Claud. 〈◊〉 in tres lib 〈◊〉 iustit . 〈◊〉 is this . Quis put as labor , quae difficultas fuerit , non modd sacratissimas superiorum principum constitutiones , sed vniversas Romanae sapientiae sanctiones , & leges , antea , temporibus ipsis , confusas , ac 〈◊〉 in vnam cogere , velut symphoniam , & aequabilitatem ? Quic quid ab vrbe condita , & Romuleis temporibus vsque ad nostrt imperij tempora , ( quae ferè in mille & quadringentos 〈◊〉 〈◊〉 ) vel 〈◊〉 〈◊〉 vel 〈◊〉 〈◊〉 〈◊〉 Reipub. moderatoribus 〈◊〉 , edictum , sancitum , vel à 〈◊〉 〈◊〉 de jure responsum esc , è quibus duo penè 〈◊〉 librorum esse conseripta , & plusquam tricies centeua millia versnum effula esse compertum est : ( Haec dicimus ) adeò multa legere , perscrutari , expendere , & quod ex hijs optimum esset eligere , opus profectò immensum , & ab alijs non vanis ex causis desperatum ; Ac nos qui mentis nostrae conatus Reipub. nostrae commodis devoveraramus , proprijs licet diffisi virihus , sed Dei omnipotentis auxilio freti , qui 〈◊〉 penitus desperatus donare , & confirmare , 〈◊〉 virtutis magnitudine potest , vastum illud profundumque pelagus ingressi sumus , & secundo 〈◊〉 〈◊〉 superatis difficultatibus , portum quem petabamus , attigimus . Nam & priscorum principum constitutiones , quantumlibet vagas , sparsas , & confusas , ex densissimis tenebris , in sibi modis omnibus consentaneam formam , in vtrumque 〈◊〉 retulimus , & immensa veteris Iurisprudentiae volumina , quae ( quot diximus erant ) in paucos aliquot velut tomos , nempe in quinquaginta libros pandectarum ( sic enim ex ipsa re appellare licuit ) Dei opt max. favore suffulti , magna cura , collegimus .

To come neare ( a little ) to this aspersion that comes so neare the Ciuil law , let the judicious Reader , the Common lawier especially , & more especially those of them , & what others that looke into our bookes , looke into our Code , and see and reade the three Constitutions there , that the Emperour lustinian sots before his entrance into that booke , the I booke of his Code ( by way as it were ) of a Proaem , preface , or introduction thereunto : 1 : de novo Codice faciendo ; 2. de Iustiniano Cod. confirmando : 3. de emendatione codicis Iustiniani , & secunda ejus editione , which when he shall haue seene , and read , passing over the titles thereof , from the first , to the 17 , de veteri jure enucleando , let him take with the rest that title into his consideration : And with these authorities , I leaue him to discerne , whether the Ciuill law now is , or then was , when this aspersion was cast vpon it , which was in the yeare 1615. ( as it was 1000 yeares & odde before that yeare ( a Sea full of waues .

To meet with that objection that may by drawne from the time , wherein we say the Ciuill law was digested from so many books , to so few , from that confusion to that order , the Emperour 〈◊〉 it vnto 1000 yeares , wherein it might grow to confusion againe , the same it was before ; I call to witnes all the manuseripts & Impressions ( since ) of the Ciuill law , whether the Tomes there of be more Digest or 〈◊〉 〈◊〉 now , then the 4. Tomes they were then ; these , the Digest , or Pandects , the Code , the Authenticks , and the Feuds , whereunto the Emperour 〈◊〉 entiks 〈◊〉 had brought them from 2000 bookes , or upon the point , as before is said : And as all writers doe agree , they were penè duo millia librorum , wherein they write there were contayned 300000 Paragraphs . Here I leave the first aspersion , and turne to the second .

2. That euery Doctors opinion ( in that learning ) is a good authority .

Or the second aspersion , the same Author Supradict . 〈◊〉 〈◊〉 fol. 〈◊〉 pag. comes vnto that , from his reason for his first , this ; The Text whereof ( meaning the Ciuill law ) being digested into so many volumes . Now he goes on with , And so many Doctors interpreting the texts , and twice as many more commenting vpon their interpretations , and so glosse vpon glosse , & booke vpon booke , ( & so he is come vnto that aspersion ) this , viz. And euery Doctors opinion being a Imput . good authority , fit to be cited and vouched among them ( meaning the Ciuilians ) must needes breed distraction of opinions , and vncertainty in that law .

Here he comes in with so many , & so many , Refut. & twice so many Texts , Doctors , Comments , Glosses , Bookes , Opinions , & I cannot tell what , one vpon another : But were they more by twice so many as they are , that write vpon that law , their Glosses , Comments , Opinions , & what else , could no more hurt or confound it , then the frogges or Grashoppers can the groundes , when they hop , skip and leape , one ouer another : For we reade the Doctors , and reverence them . But we honour , and hold the law , wherein our reading assures vs , and we may belieue it , and we doe belieue it , nihil esse perplexum , nihil ambiguum , nihil diminutum , nihil quod contrarium , aut simile videri possit , nullam esse geminam legem in toto jure ciuili . But to the point , where the Author sayeth , that euery Doctors opinion is a good authority for us : The words of this aspersion , we say the contrary : Neuer a Doctors opinion , saving the commen opinion of the Doctours , is authority for vs to giue or take in Iudgment in our Courts ; Nay the common opinion of the Doctors we receiue very sparingly , and many times we receiue it not ; For our Axiom which they call their Maxime for our pleadings is , first mtentionem suam per probationes in Iudicium deductas ostendere : Next Iuribus asseverare , not Doctortbus . For Doctors opinions goe no further then to Bartoll & Bald. Nay then to Bartoll : is there a Doctour more famous , more worthie , or of more authority then Bartoll : Bartolum verò quotusquisque non appellat 〈◊〉 juris , & dominum , & aurigam Doctorum : whose opinion , for an opinion , the whole World embraceth , with this applause , viz Bartolista , optimus Iurista censendus est : yet for a Iudgment or finall decree , it leades our Courts no more , then the rest of the Doctors their opinions doe . From whose authorities though we may gather many memorable matters in point of learning in law . In disputando tamen ( saieth the Ciuilian ) non sunt alleganda , sicut nee corum auctoritates opponendae disquisitioni veritatis . Nec peraequè valent in foro , atque de legum fontibus deducta . In a word ( judicious Reader ) that Doctors̄ opinions or Glosses the two strings the Author harpes so much vpon to fasten this aspersion vpon our learning , as that they should be given or taken ( as he writes they are ) therein for fit authorities to be vouched by vs , to beget that distraction and vncertainetie in it , which he casts vpon it , in this particular , belieue not me , but our Doctors , and the Glosses themselues from whom I speake ; they holde nothing more injust , nothing so inept , & foolish ; whereof to giue to the Reader but some little touch . I vouch and cite onely but one of our Doctors , but one of our Glostes amongst the rest ; sayeth that Doctor , though ancient & famous , yet not so ancient , as famous in that learning , by way of advertisement against it : Quicunque cupit juri operam dare , sit circumspectus infrascriptis I passe ouer nine notable documents of this Doctors , to come to his tenth & last , to this purpose , wherein thus he speaks to the Ciuilian : Consulo ( sayth he ) quod solis textuum allegationibus inhoereat : Non vt quidam inepti , aut inexperti facinnt , qui arguendo , glossas allegant , & Doctores , absque jurium allegatione : illo euim , nihil apud Doctores in eptius : I counsell the Ciuilian ( sayeth this Doctor ) that he sticke to , in his pleading , solie , the law-texts , or textlawes , & not as some foolish & vnskilfull do , who , in their pleadings , alleage the Glosses and Doctors , & leaue the lawes ; then the which ( he sayth ) nothing is holden more inept amongst the Doctours . Iohn Baptist de 〈◊〉 Documento 〈◊〉 Rapt . de 〈◊〉 doc. 〈◊〉 decimo . Now if the Reader will haue a Glosse , an exclayming glosse against such pleaders : the glosse vpon the law , sed licet , in the title de officio Praesidis in the Digest , is the gloss : This Doctor & this glosse alone , without the rest that hath beene said to this aspersion might shew the Iudicious Reader , but these and the rest together with them may confirme him in the wrong , in this aspersion , to that learning , to those Courts , to that practice , and to those Professors in the Ciuill law , from whence I descend , as the Author leades me , to the Canon law .

3. That the like may be saide of the Canon law , albeit the text thereof be scarce 400 yeares old .

FOr this aspersion at the Canon law , because it is the aspersion the same Author cast at the Ciuill law before , or rather at vs who professe it , as that , touching euery Doctors opinion &c. the which hath beene spoken to already : for this , I referre the Reader vnto that : For the Authors addition vnto this which 〈◊〉 hee spared in that , the age of the Canon law , which he straines to make , scarce to bee 400 yeares from the yeare 1615 , the yeare wherein he wrote so . Let the Nouell be belieued , or ( in 〈◊〉 the Nouell rather ) the Emperor himselfe Iusitnian a 1000 yeares before that yeare 1615 , or as neare a 1000 as 965 , the Canon law was , & in vse and practice in the Church : Nay more in difference & debate then betweene the Bishops & the secular Iudges of that age , touching some cognizances in some causes , whence this Nouell ( 〈◊〉 this Emperor ) proceeded : As that act of circumspectè agatis did vpon such a difference betweene the Bishops & the Iudges of the Land , from King Edward I , which Act , with which Nouell agreeing in substance of matter , either arising from the same ground , & pointing at the same end , because they be but short , I recite them both , the Reader may obserue them , said the Emperor , ( first ) in his Nouell : si delictum sit Ecclesiasticum , egens castigatione vel multa Ecclesiastica , Deo amabiles Episcopi seopi hocdiscernant , nihil communicantibus clarissimis provincijs judicibus , neque enim volumus talia negotia scire omninò ciuiles judices , cum oporteat talia Ecclesiasticè examinari , & emendari secundùm sacras & divinas regulas , quas etiam sequi , nostrae non dedignantur leges . 〈◊〉 13. Ed. 1 〈◊〉 〈◊〉

Thus farre the Nouell : the Act ensueth , viz. The King to his ludges sendeth greeting . vse your selfe circumspectly in all matters concerning the Bishop of Norwich & his Clergie , not punishing them if they should plead in court Christian of such things as be spirituall , that is to wit , of pennance injoined for deadly sin , as fornication , advowtrie , & such like , for the which many times , corporall pennance or pecuniarie is enjoyned specially , if a freeman be convict of such things . Also if Prelates doe punish for leaving of Church yeards vnclosed , or for that the Church is vncovered , or nor conveniently decked , in which cases none other pennance can be enjoyned but pecuniary . Item if a Parson demaund of his Parishioners , oblations & tithes due & accustomed : Or if any Parson plead against another for tithes more or lesse , so that the fourth part of the value of the benefit be not demaunded . Item if a Parson demand Mortuaries in places where a Mortuarie hath used to be given . Item if a Prelate of a Church or the Patron demaund of the Parson a pension due to themselues , all such demaunds are to be made in the Spiritual court : And for laying violent hands on a Priest : And in cause of defamation ; it hath beene graunted already , that it shal be tried in the Spirituall Court , when money is not demaunded , but the suite is prosecuted for the punishment of sinne , & likewise for breaking an oath . In all the cases afore reheatsed , the Spirituall Iudge shall haue power to take knowledge , notwithstanding the Kings prohibition , Anno 13. E. 1. Our Author it seemes ( judicious Reader ) went no further for the age of that law , then to Clement 5. Bishop of Rome , who might tell him ( & truly ) the Clementines , that volume of our Decretals , were made & published by him in the Counsell at Vienna , but in the yeare 1308. Or if he went to Boniface 8. he might tell him ( & as truly ) he methaded the Sext , that volume of our Decretals , in or about the yeare 1298. Or Gregory 9 , might tell him , if he went to him , the volume which Raimundus Barcinonensis his Chaplen , at his commandement had gathered , the first volume of our Deeretalls , was 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 ) 〈◊〉 Constan : 〈◊〉 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 Christian 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 whom the Emperor had translated these causes & the rest from the Iurisdiction of the Empire , to the Iurisdiction 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 distinction of Ecclesiasticall & Spirituall causes , from Ciuil & 〈◊〉 in point of Iurisdiction . 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 distinction 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 distinction hath brought the Author to the Iurisdiction of the Church , As great an Ei : sore to him , nay a greater than 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 Iurisdiction 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 quae sunt Cesaris , they would all crie-out on the contrary part , & say , Date deo , quae sunt dei , Our Courts beare the name & title of Christ , the superscription of Caesar is quite worne out , and not to be found vpon them .

A strange phantasie , fiction , imagination , that 5 esut. the stiling of the one Court , the Court Christian , should hammer into any head , such a toye , to make the other ( as it were as the Author sayeth in comparison ) Courts of Ethnicks : so the Author would insinuat ; not to speake of other kingdomes or ( common wealthes ) then wherevnto wee doe belong ; come not they both from one fountaine , from one head ? arethey not set both , & doe they not sit both Sister like , in one crowne ? thanked be God , they doe so , hand in hand , Christian Courts both ; though not stiled ( both ) Courts Christian , Sainct Hieromes distinction vpon the point , that setled 〈◊〉 q. 1. 〈◊〉 7. his Leuite , might haue setled the Author aswel if he had hit vpon it , as he could not easily misse it , turning our bookes as it seemes he did for the hatching of the Canon law ; But as he writes who hath written truly of some sorte of men , Cancros priùs recte ingredi facias , quam his qui non tam Iudicio , quam proposito , et voluntate aberrant , quibusuis rationibus satisfacere possis , quibus , Ne si persuadeas quidem , vnquam persuaser is ; Touching that distinction , thus that Father writes vnto that Leuite whom he calles Leuitam suum ; duo sunt genera christianorum ; est autem vnum genus quod mancipatum est diuino officio &c. vt sunt Clerici et deo deuosi ; aliud vero genus est Christianorum , ut sunt Laici , his temporalia &c. The Sages of the Authors learning in the law of the land , that haue beene to this tyme , did never stumble at that stile , before , but passed ( sagelie ) by it : the beginning whereof in the Courts of the church was when she was not loaden with wealth , Nec tunc diuitiae ecclesiam onerabant : Alas she was not loaden with persecutions , they were not Caesars courts then , as the Author makes them , Caesar had not ( then ) receiued the faith , But the Church held them even in the thickest of Ethnicks who called them the Christian Courts , whence they came C desum . 〈◊〉 et sid. 〈◊〉 eod. de Epis 〈◊〉 Cler. &c. eod. de Episcop. and &c. eod de Haenerman . et sam. eod de Apostat eod de Iud. et 〈◊〉 eod de 〈◊〉 &c. stiled the Courts christian : vnder which stile they came vnto caesar , when caesar came to the christian faith , And from Caesar to the church , with sundry sacred constitutions , as of the holy 〈◊〉 & catholique faith : of churchs : of Bishops of the Bishops audience , or Iurisdiction : with sundrie more , in mayntenance of the saith : as against Hereticks , Maniches , Samaritans , Apostats , Iewes , Caelicols , Pagans , & thelike , all in assistance of the Christian faith , whervnto he added afterwardes , as the Author sayes , other Cognizances or Cognitions of causes , as of mariages , Testaments , and the like . 〈◊〉 de 〈◊〉 coal . de 〈◊〉

Now , weigh ( Iudicious Reader ) wo things one , what the wealth could be , that our Author dreames of , the Clergy could haue gotten then , when ( he writes ) they got it by their Iurisdiction which they had from Caesar , to beget their pride , to beget their ingratitude to Princes , to blot out Caesars name out of the stile of their Courts ? Another , how they could haue blotted Caesars name out of the stile of their Courts , by stiling them , ( if they had so stiled them ) Courts christian ? when Caesar had imbraced Christ , was he lesse Caesar , then he was before , with this Quere , I leave this a spersion with this intimation , that our Author who cnvies ( it seemes ) herein that the Courts of the Church should be stiled Courts Christian , arrogates to Caesar more then Caesar to himselfe & more then Caesar would he should doe , & derogates from Christ , from whom the stile 〈◊〉 indeed ( & rightly ) how soeuer ( so ) stiled vnder God , & whom , Caesar , & the Bishops vnder him , hold them , & whose Tribunals they are , & not Caesars , nor the Bishops , more then in their execution .

6. That Bishops Chancellors ( are of late ) but vpstarts in the world .

WHether the Author of the former aspersions cast at Ciuilians , the Ciuil & Canon lawes , and at the Clergie , be the Author of this aspersiou and the next & last I finde of this kinde , throwen at Bishops Chancellors , or some other vpstart Author that hath gleaned after him or that went , before him in the same field , I cannot tell D. Ridley ir . his view of the 〈◊〉 Sc ecl 〈◊〉 law 〈◊〉 104. I find them ( by relation ) to be printed , as the rest but not printed with the rest , but howsoeuer let them goe together , and their Author be whom he wil be , thus he writes : Bishops Chancellors 〈◊〉 are but vpstarts in the world . Bishops 〈◊〉 ( Iudicious Reader ) whom we call their vicars generall , ( other Chancellors know we none to Bishops ) saving this vpstart opinion , are vpstarts of no lesse then 1200. yeares standing Resut . in the world , so long haue Bishops had their Episcopall audience which made them ordinaries , and so long haue 〈◊〉 had their vicars generalls whom we call their Chancellors ; For which audience & their becomming ordinaries herevpon , & the Emperors reasons therefore : Let the reader vnderstand that when the Bishops constancie in Religion sealed with so many of their blouds , and their Clergies , had brought the Emperors therevnto , wherein Constantine began : the succeding Emperors thought not enough their superiority in the church , with out power & Iurisdiction to strengthen them therein : For said the Emperor in his Christian zeale therevnto ,

Et si praecipuum pontificis seu Episcopi munus est doctrina verbi , populum moderari , tamen , quia nonomnes , dicto audientes sunt , nec ejusmodiper suasiomad disciplinam perduci , vel in officio retinere possunt et superioritas in qua sunt ecclesiastici , absquē Imperio et Iurisdictione , non satis habet neruorum et authoritatis , deniquè quoniam ecclesia mater et cultrix est Iustitia . Ideo Episcopis peculiaris quaedam Iurisdictio ecclesiastica Ciuili dignior in personas et causas ecclesiasticas , legibus Impp : est attributa &c. vt ius dicant Clericis &c.

And least the Emperor in his constitution in these wordes vt ius dicant Clericis &c. should seeme to the Reader to straight the Bishops , in their audience , or consistories , to Clerks onely , there followes a praeterea in the same title , in the Code de Episcop audient : : not long after : this ; praeterea ( sayeth the Emperor there ) ius dicunt Laicis &c But to the point ; became the Bishops ordinaries ( then ) by this Iurisdiction ? and the same ordinaries in the law ; that ( now ) they are ? & if they did , did this beget their vicars generalls ( then ) whom ( now ) we call the Bishops Chancellors necessarily , They did so ; become ( by this ) ordinaries then ; & the same ordinaries in the law , then ( that now ) they are ; And from whence proceeded their vicars generalls , and the same we call the Bishops Chancellors now whom the Author calls vpstarts in the world the lawes or constitutions in the same title of the Bishops audience in the Code doe teach the same fro point to point , For not to speake out of them , but to goe on with them as they lie concatenatae in the title sayeth another , Ac cum sint ordinarij Iudices , meaning the Bishops , sayeth a third , semiles 〈◊〉 praetorio , A fourth , ordinariè quoque procedunt ; These lincked texts in that title in the Code , as they stand cited , doe answere to the points in the question ( before ) proposed , punctually , saving to the point of the Bishops vicars generalls , wherevnto , though they answere fully , yet because not plainely to the Reader , no Ciuilian ; let him be pleased but to cast his eye , a few lynes backe againe to the words similes praefectis praetorio , where the Emperor paralells the Bishops having made them ordinaries , with Magistrates called praefecti praetorio , of whom there were but three in the wide world , one in Asia , Praefectus praetorio orientis , Another in Europe , Praesectus praetorio Illirici , The third in Africa , Praefectus praetorio legionibus & militiae Africanae . These Ciuil Magistrates were ( respectiuely , ) Iudges of the causes which the Emperor had translated from the Empire to the Church , whereof mention is made in this Epitome before , of the which when the Emperor 〈◊〉 had made the 〈◊〉 the same Iudges in the Church , the Praefecti Praetorio were in the Empire before ; & had made them similes praefectis praetorio . who were Illustres Iudices , & so stiled in the law , with this addition of their 〈◊〉 generalls . How , could the Bishops be ( without their vicars generalls ) similes praefectis praetorio ? that they had Iurisdiction , as the praefecti had , that they were ordinaries , as the praefecti were , and Illustres Iudices , made them not , ( as the Empevor made them ) like vnto them , without their vicars generals . Now , if the Reader will haue the reason why the Praefecti had their vicars ( all one binding in the Bishops ; ) it is this Quia illustres erant : & ante stabant caeteris dignitatibus , Ideo habebant vicarios suos in Ciuilibus causis audiendis , et terminandis . So were the Bishops then . & so are they now , Illustres Iudices & antestabant ceteris dignitatibus in ecclesia : Now , if the Praefecti praetorio , because they were Illustres Iudices & autestabant ceteris dignitatibus in the Empire , had their vicars , as they had , why the Bishops whom the law paralells with them in the Church , should not be as like vnto them in their vicars generalls in the Church , as in the rest of the pattes of their honour wherewith the Emperor had honoured them , & the law honours them at this day , let the Author ( if he can ) shewe the difference , Iustinians Code hath sundrie lawes , some , of his owne , some of the Emperors before him , even from the dayes of Constantine the great , that shewe that Bishops in their Episcopall audience sate not without their Chancellors . Their Chancellors often without the Bishops whose higher charge in CHRIST Church endured not the Bishops presence in court causes , ordinarily . And though ( likely ) not vnder the name & title of Chancellors , nor alwayes Vicars generalls officialls , nor Comissaries they had other titles , but the same offices , as Ecclesiecdici , or Episcoporum Ecdici , as much to say as Church Lawyers , or Bishops lawyers professed Ciuilians , & Canonists , of that age , the very selfe-same officers & offices that the Bishops Vicars generalls then were , & now are , who , & the Bishops then made , & doe now make but one , & the same Tribunāll , or Consistorie , no sooner vicurs generalls , but or dinaries , their Commissions they hold from the Bishops : But their Iurisdiction from the law , These be the 〈◊〉 officers in the world , our vpstart Author would make ; I am come to his next aspersion , the last I finde of this kinde , as the roote of these officers , the Bishops vicars generalls , whom we call their Chancellors , from whence ( he writes ) they did proceed from the sloath of Bishops .

7. That the sloath of Bishops hath brought in Chancellors .

AProper Parent ( Sloath ) to breed vpon . imput could his learning which commends related by D. Ridley in his view of the 〈◊〉 & 〈◊〉 law pag. 104. him , finde no other , or ( if none but that ) no other stocke , to beare it then the Bishops , The Bishops and their Chancellors both , are much beholding to him : But let the ludicious indifferent Reader , but consider how the brother of this aspersion can fasten it vpon the Bishops , or their Chancellors , How could the Resut Bishops sloath bring in their Chancellors , certaynelie , the Bishops Nascentis ecclesiae , the auncient Fathers of the Church were vnder persecution ; no sooner set in their Seas , but beset with Ethnicks : alas , they had no rest to beget sloath , to beget their Chancellors : And for the Bishops Citerioris saeculi , the later Fathers , they brought them not in , they found them in their Consistories , when they came themselves ; In a word ( Iudicious Reader ) Th' imperiall power , th' immediat power , vnder GOD , & Christ . ( as it is set downe in what hath beene sayed to the aspersion next before ) brought them in and not the sloath of Bishops , as the Author dreames . Now the cause why the Th' imperiall power furnished the Bishops : with these officers was ( indeed ) the multitude & 〈◊〉 of Ecclesiasticall causes , then ( more now ) by as many more , the decisions whereof in their Consistories , left to the Bishops : the Emperor doubted might haue drawen them from prayer , & divine exercises . A second reason was , that the causes of the Cognizance of their Courts , were more likely ( as they are ) to haue , thereby a more speedy , ready , and Iudicious triall before Iudges of the same learning , which require a whole man , then before Iudges of another , though a higher , requiring ( as the Bishops pastorall office doth ) a whole man too . If the Author will haue a third reason , it was that Clerks , suites and quarells , should not be divulged & spread abroad amongst the secular sort , which trenched many times , vpon the whole profession ; especially in Capitall matters wherein Princes ( anciently ) so much tendered the clergie ; that if a Clerke had̄ committed an offence worthy of death , or open shame , whereby he became ( perpetually ) in famous , he was not first executed or put to open shame , before he was degraded by the Bishop , & his Clergie , & so was executed & put to sname , not as a Clerke , but as a laye Malefactor ; for the honour & dignity of Priesthood . It were to be wished this order were retayned still , that Clerks should not passe ( immediatly ) when they fall into such Excesses ) from the Alter to the halter , but hang , or suffer other shame without their Priest hood : which order if it were retayned still or might be restored , would much honour the Church , and no whit derogat from the Iurisdiction of the Crowne ; For the second of the foresaid reasons , as where the Bishops in their Consistories haue not had their vicars generalls , whom we call their Chancellors , as in many partes in this kingdome wherin we live , they have not ; how many just causes vpon grievances in proceeding before the Bishops : given haue beene appealed & quareled , & the plaintifes in the first instances before the Bishops : the Iudge à quo , in the cause of appeale or quarell overthro wen before the Iudge of the Appeales or quarell , the Iudge ad quem , to the insupportable travell and expence of the subiect , their transmissions in the causes in the Registries of the Courts of Appeales , & quarrells , doe shewe ; which doe cut so sore vpon the poore , many tymes , that ( spent ) by that occasion , in the second instance , he is not able to prosecute in the principall , the first , and so looseth all , operam & oleum : To meet with this mischeife , or Inconuenience rather , the law hath provided in great wisdome , that if a Bishop will hold himselfe so compleat a Iudge within himselfe , as that he needes no Chancellor , but will proceed without him ordinarily , his Metropolitan the Arch-Bishop , of whose province he is may compell him therevnto , or if he will not be compelled , may put vpon him a Chancellor , as the King the supreame ordinary may vpon the Metropolitan , in the case , and supplie his neglect in the Suffragan Bishop . If the Metropolitan supplies it not ; For as , each superior ordinary over the immediat vnder him , hath his supplitorie power by the law , so hath the King the supreame ordinarie over them all , subordinates vnderhim , his supplitorie power by the same rule ; so necessarily holdes the law those officers ( whom it may not be omitted ) Published by 〈◊〉 〈◊〉 of the Lords 〈◊〉 and counsell : 622 : 〈◊〉 In his his late Maiestie in his late instructions for the ordering & setling the Courts , and course of Iustice , within this kingdome , hath confirmed , viz. in his 45 instruction or direction thus ; That the Bishop of every 〈◊〉 〈◊〉 order to appoint honest & sufficient 〈◊〉 Chancellors & Commislaries to 〈◊〉 〈◊〉 risdiction vnder them . Iudicious Reader I 〈◊〉 said , though not so much , by much , as might be said , to this , & the rest of the 〈◊〉 〈◊〉 I haue passed over , yet more then I 〈◊〉 to deale with their Authors , out of their Elements , in this kind . Apelles sent the 〈◊〉 〈◊〉 to his last , when he gaue his Iudgement , though but of the foote of the picture he had 〈◊〉 though a part of the body whose picture 〈◊〉 was , that belonged to his trade ; Our Authors haue gone as high aboue the foote , as the height of the head ; the Bishops of the Church : The lawes of the Church : The Courts of the Church ; & the Iudges of the Church , vnder the Fathers , their Chancellors , when we call their vicars generalls ; with whom they haue dealt , as Painters vse to doe , with the Image of GOD whom no man ever saw , nor that Matie seene with mortall eyes ; yet they can imagine an Image of him , as our Authors haue done of the Bishops Courts , lawes , and the rest : whom , & which , though they haue seen , yet not in Iudgment , not prosessing their learning , of whom , & which they haue ( more then boldly ) written , though of learning & Iudgment , yet without learning or Iudgment . Let not any Reader therefore of their Theses or positions in the premisses , if he stood , or stands , or shal be affected to the studie of that learning , in those lawes , be discouraged thereby : what the Ciuil & Canon lawes are , and what the causes are , of the Cognizance or Cognition of either of them in the kings dominions , in the Church or Common wealth , the Reader might expect in the body of this Epitome ; but omitted there , th' appendix therevnto ensewing opens them , wherevnto , the Reader is referred .

AN APPENDIX . Wherein , the Ciuill and Canon lam , with the causes of the Cognisance or Cognition of eyther of them in the Church , or Common . wealth , in the Kings Dominions , ( what they are ) are opened .
What the Ciuil law is ?

THe law of the Ancient Romans it is ; the same we call the Roman Ciuil law , that was reduced by Iustinian , from 2000. bookes , or very neare 2000 bookes , to the 4 Tomes or Volumes mencioned before in this c de vet 〈◊〉 〈◊〉 l. 1. § 〈◊〉 〈◊〉 Epitome pag. 4. whereof the Digest or Pandext is the first , so called , Quia digeritomnes disputationes legum , & in se , quasi in suoe aluo , continet .

The second , the Coàe , of caudex , as much to say as plurium tabularum contextus : vnde tabulae codices dicuntur : compiled ( as a learned Doctour D. Ridley in his view of the Ciuil & 〈◊〉 law pag 〈◊〉 of ours related ) of 56 answears of so many Emperors , with their counsell famous learned men , to as many consulations : wherof , that Tome compiled , is called the Code .

The Authenticks , the third Tome or Volume Of his 〈◊〉 at large in D. Rid. view &c , pag 〈◊〉 of the Ciuil law , are a Tome or Volume , of new 〈◊〉 of Emperors , after the Code , brought into the body of the law , called the Authenticks , as authenticall of themselves proceeding ( as they did ) from the Emperors owne mouthes .

The Volume is devided into 9 collations , or coustitutions or Sections : and they into 168. Nouells and the Nouells into Chapters : they were called Nouells because they were new lawes , whereof , some were generall , concerning all , all alike , Persons and Places , some speciall or private , vnto some speciall or private persons , and places :

The three Volumes aboue mentioned were the Tomes or Volumes of Iustinian the Emperor , gathered by him , some , from some Emperors his predecessors , decrees and constitutions , some from his owne , as time & occasion had bred them , the latest no later then 500 yeares after CHRIST .

The fourth and last Tome of the Ciuil law feuds explaned by D Rid in his view &c to be Customes & services that the subiect or vassall oweth to his Princeor Lord for such kinds or fees as he hould 〈◊〉 of them pag. 61. are the Feuds of Feudum , of Faedus , or fides , or ( as some say ) of Fidius , whom they faine the God qui fidei praeest , by whom they vsed to sweare per deum Fidium credis ? iurato mihi . Plaut. And not vnlike : For howsoever Iustinian the Emperor takes notice of them in his Nouells , he tooke it from the ancient Romans before Christ , at the least from Alexander Seuerus an Ethnick Emperor 224 yeares after Christ , very neare 400 yeares before Iustinians time , who made Foudataries , of whom , ( likely ) he tooke the oath of faith , and Homage ( and they yeelded it ) per deum Fidium &c iurabis &c. But from whence , or whomsoever they proceeded , they became and are a particular Tome or Volume of the Ciuil law , which is , as that learned Doctour in his view &c saith pag. 3. for the great wisdome 〈◊〉 Reg. iur . Reg suae a 〈◊〉 muni 28. and equity of it , at this day , as it were the Common law of all 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 Church seruices with-holden from their Chappells . Ecclesiasticall promotions , dignities or benifices . Spirituall pensions . Tithes . Sedile causes , or seates in Churches . Dilapidations . Procurations . Testaments . Legacies 〈◊〉 Diuorces 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 Offences against the act of 20 Elizabeth . Cap. 20 for the vniformity of Common prayer &c. Pollutions of churches , and church yards . Fighting or quarrelling in Churches , or church-yardes Herisies . Schismes . Apostasie , Idolatrie , Violation of the Sabbath . Violation of the Interdicts of the Church . Excesses in Prelats . Excesses in Clarks . Sacrilege . Sortilege , witcheraft , Inchantment Laying violent hands vpon a Clerk . A Clerk a striker Blasphemye . Periury ecclesiast ; Simonye . Vsurie . Execrations . Imprecations , Imprecātes debilitates , Naufragia . Morbos &c. Incest , Adultery , Fornication , Lenocinie , Obscenitie , or Ribaldrie . 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 compasse ( 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 Common 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 Common 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 〈◊〉