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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

to the censure of the Common law 11. The seuerall punishments of treasons by the Common law The Diuisions and principall contents of the fourtenth Dialogue of Homicide that is murder manslaughter c. The first Diuision 1. THe seueral kinds of Homicide by the Ciuill law first murder is described 2. Māslaughter se defendendo by the Ciuill law 3. the descriptiō of selfe slaughter by the Ciuill law 4. A diuersitie of killing a mans selfe by the Ciuill law 5. The punishmēt of selfe slaughter by the Ciuill law 6. Homicide by casualtie is described 7. Anglonomoph taketh exceptiō to the diuisiō of Homicide by the Ciuill law 8. An other diuision of Homicide by the Ciuill law the differēce of killing men volūtarily inuolūtarily is shewed to be anciēt 9. The definitiō of murder by the Cōmon law 10. Malice whereof murder cōmeth is shewed to be twofold diuers cases are put thereupon 11. The punishment of murder by the Cōmon law 12. The description of manslaughter by the common law 13. The punishment of manslaughter by the cōmon law 14. Manslaughter Se defendēdo by the cōmon law 15. The punishment of manslaughter Se defendendo 16. Homicide by misaduēture 17. The punishment of it 18. Homicide of a mans selfe the punishment of it The 2. Diuision 1. Homicide is shewed to be twofold in the Ciuill law Consilij and Operis 2. By the Common law the counsayler and assistor in murder are accompted principal offenders The 3. Diuision 1. Homicide by witchcraft is described 2. The punishment of witches and magicians by the Ciuill law 3. They that haue asked counsell of witches haue bin in ancient time punished 4. An obiection is made of exorcisme vsed in the Church 5. Answere is made to the obiection according to the opinion of Bodinus 6. The great and strange power of witchcrafte 7. Lucan is commended for his ample disclosing of the detestable secret● of sorcerie 8. The lawes of the twelue Tables doe condemne witchcraft 9. Seneca his opinion of charmes and inchantments is disliked 10. S. Augustine confuteth the opinion of Seneca 11. It is likewise disproued by Pausania 12. Witches are proued to be apostataes in what maner they become apostataes 13. It is proued that the bodies of witches do worke with their mindes in lewde enterprises 14. Alciat his opiniō touching the meeting of witches amongst thēselfes the meeting of the diuell is vrged 15. Alciat his said opinion is cōfuted by the authoritie of Bodinus 16. A double reason is alleaged wherfore the diuell worketh not for witches after they be imprisoned 17. That Necromancie and Magike was vsed in ancient time 18. A discourse of the apparition in the likenes of Samuel 19. The punishmēt of Necromancers and coniurers by the Ciuill law 20. The punishment of Necromancers and witches by statute 21. The punishment of coniurers by the Cannon law The 4. Diuision 1. Homicide cōmitted by the Canō law by procuring the vntimely birth of a child if death do ensue 2. The Ciuil law punisheth such offēce whether the child haue receiued life or no. 3. That though in Bractons time the Common law did agree with the Ciuil and Canon lawes in the punishmēt of abortiuements yet now there is no such punishmēt by the Common law The Diuisions and principall contents of the fiftenth Dialogue of theft c. The first Diuision 1. THe diuision of theft by the Ciuill law 2. Wherfore the worde fraudulent is vsed in the definitiō of theft 3. How pettie theefery is punished by the Ciuill law 4. How the stealing of things of greater value is punished by the Ciuill law 5. What is felonie by the Canon law and what petite larcenie The 2. Diuision 1. Receiuors and theefes haue the like punishment by the Ciuill law but yet with many diuersities and limitatiōs 2. How the receiuors of heretikes and other offendors are punished by the Canon law The 3. Diuision 1. The description of robberie by the Ciuill law 2. The punishmēt of robberie by the said law 3. The punishmēt of robbery by the Canon law 4. The description of robbery according to the Common law The 4. Diuision 1. What kinde of housebreach is capitall in the Ciuill law 2. The definition of burglarie by the Common law FINIS Faultes escaped in the Printing Faultes Page Corrections delitie 17. b. duetie it 18. a. is memorie 27. a. ignominie portarit 27. b. portauit beadesteede 41. a. bedsteade will deliuer them 56. a. will not deliuer them hing ibid. b. thinge pea 59. b. plea inde 62. b. vnde ipse 67. b. ipso offerminge 69. a. offeringe villaine 70. b. very villaine this 71. b. thus the tolerable 73. a. tolerable intulatum 76. b. intitulatum ostibus 78. a. ossibus or to be decided 79. b. are to be decided purchased 92. a. purposed valeantur 94. b. valeantne queire 95. b. queiue bona 96. b. bocca or impure 97. a. are impure or about 101. b. or aboue

a good deuise f 21. R. 2. Deuis 27. but now such a deuise is made voide by the statute of 23. H. 8. cap. 10. but before that statute it appeareth by the booke of 37. H. 6. that vpon a gift made to the parishioners 2 That by the common law and by the statute of 23. H. 8. such a deuise is void of such a parish without naming them the Churchwardens might haue an action g 37. H. 6. 3● but thē the gift must haue bin of a personal thing for of inheritance of land they cannot take to the vse of the Church h 12. H. 7. 27. but if a man in auncient time had giuen his landes or his goods deo Ecclesiae sanct ' Petr ' Westimonast ' this had ben a good deuise because the Church is not the house nor the walles but the entier spiritual house that is the Abbot and the Couent and because they may take by such a gift it is good but if the Abbot were dead at the time of the gift it is not good be cause the Couēt is not persona capax but a church 3 What is meant by a Church parochiall according to Rolfes opinion parochiall by Rolfes opinion as to the endowement of it with lande cannot otherwise be intended but a house made of stones walles and roofe which cannot take by any gift or feoffement and so it is of a Church conuentual which lacketh a soueraigne i 8. H. 5. 4. per Babi Rolfe Nomom Suppose that two testaments be exhibited 11. Diuision to the ordinary which were made in one day conteining seuerall summes to the same deuisees bequethed whether shall they both be approued and the legacies of both stand good Codicgn These legacies onely shal stand good 1 That by the ciuil law where two testamēts conteigne in them seueral summes that which conteineth the lessee shal stād but by the cōmon law the later which do conteigne in them a lesser summe k l. Sempronius Procul ff de legat 2. Anglonomoph In our Law we haue a case that if a man make a testament and in it he maketh one onely man his executor and then he maketh an other testament and in it he maketh him and a stranger executors and the first testament is proued that onely shall stande l 2. H. 5. 8. but by other authoritie the later onely shall take place what summes soeuer they conteigne ll 4. H. 7. 13. Nomomat Say that an oxe is deuised to one and 13. Diuision the oxe dyeth without any default in the executor whether is the skinne or hide of the oxe due to the deuisee or no Codicgn By our Lawe it is not due m l. mortuo boue ff de legat 2. for the 1 That by the Ciuil law if an oxe be deuised and he dye the skin is not due to the deuisee thing deuised that is the oxe did perish and was non ens before the skinne were taken off and the skin was not taken from an oxe but from a carcasse Anglonomoph It seemeth in that case that the 2 That by the common law it semeth to be due otherwise it should be if there had bin an exception of the hide deuisee shall haue the hide for it is parcel of the oxe and the oxe was an entier thing but if hee had giuen the oxe excepting the hide that perhaps would amount to a seuerāce in law so that the oxe liuing should haue belonged to the deuisee but being killed the flesh should belong to the deuisee the hide to the executor of the deuisor and if a man make a lease of land excepting the trees which grow vpon the lande the trees are seuered in Law for hee hath no reuersion of them and if he sell them and after the sale make a feoffement the feoffee shall not haue them because they were seuered by the vendition n 20. H. 6. 22. Nomomat Put case that I. S. doe borow a C. 13. Diuision li. of I. N. and for the sure repayment thereof he bindeth all his landes and goods by recognisans of statute Marchant to the said I. N. after he deuiseth all his landes to the recognisee and dyeth the recognisans is forfaited the recognisee bringeth an action of dette and recouereth against the executors and hath execution of the goods of the testator by Fierifacias and then he claimeth the land by vertue of the deuise whether is his claime good or no 1 That if the recognisor deuise all his goods to the re●onusee yet he shall haue execution of the land Codicgn I thinke he may claime the lande also if it may not be prooued by circumstances or directly that the land was deuised vnto him in satisfaction of the debt and vpon condition implyed that he should not alter the propertie of the goods by execution o l. creditorē ff de legat 2. Anglonomoph I doe not perceiue any repugnancie in our Lawe to that which you haue saide Nomomath If he had made his creditour his executour in this case what woulde then haue followed Anglonomoph Then the debt had bin extinct p 11. H. 4. pl. 31. 2 That if the obligee make the obligor his executor the det is extinct for if two be bound to one in a certaine summe of money and the obligee maketh one of them his executor this is a release in law of the bond and debt to them both q 21. E. 4. 81. so if one make his dettor and an other his executours and die in this case if the executor who was not indebted suruiue he shall not haue an action of debt against the executour of his coexecutour although the partie indebted did not administer in his life time for the action was once extinguished and determined for no action can be brought but in the name of them both r 20. E. 4. 17. 21. E. 4. 3. 21. H. 7. 31. per Fineux but if one that is indebted make his creditour and an other his executours the creditour may haue an action if he doe not administer ſ 8. E. 4. 3. per Brian but when the testator is indebted to me and maketh me his executor I may deteigne the goods for my bebt so that it seemeth that though the action be extinct in regarde of the testatour yet the debt is still in esse in respect of straungers t 7. H. 4. 18. 27 H. 6. en Scire fac ' 7. Eliz. Com̄ Greysbrookes case 275. Codicgn When the creditour maketh the debtor his executor by the executorship the debt is confounded and because of impossibilitie in Lawe forsomuch as the executor may not bring an action of debt against himselfe being one and the same person the obligation therefore is by secreate act of Law disanulled u Philip. Deci ad reg iur Nomom Now I will put you a case which is

homicide principall offendors for al that be present ayding abetting or comforting him that doth murder are principal offēdors though they giue no stroke for the stroke of him that smiteth woundeth is the wounding and striking of all the others in law a 4. H. 7. 18. Comm. 100. 3. E. 3. Coro 309 13. H. 7. 10. therfore they which come in the assemblie or companie of others into any place where any euil is done be it homicide robbery or any other misdemenor shal be held principal offendors though they stād apart do nothing b 2. E. 3. Inditem 22. Stamf. 40. ●ōm 475. 3. E. 3 Cor. 314 350. but in these cases it is necessary that they be confederate in the fact for if they be not cōfederate they shall be punished by fine and no otherwise c 8. E. 2. Cor. 395. 293. but if they leuie hue crie stretch out their handes to take the offendors they shall not be fined d Stamf. 40. and he which is within age shall not be fined in such case e 14. H. 7. 31. Nomom I pray ye shew me whether they that 3. Diuision kill men by witchcraft or make their bodies to languish and consume away are punishable by death in your Law for some be of opinion that there be no witches Codicgn They may as wel thinke that there be 1. Homicide by witchcraft is described no diuels surely Europe is too ful of such wicked wretches which either by magicall artes calling vp damned spirites or corrupting the elements which God hath made for the vse of this life do worke the destructiō of many innocēt persons or els by acquainting thēselfes with familiar diuels do effect the like mischiefe their iudgmēt in 2. The punishment of witches and magicians by the Ciuill law our law because they are such strāgers to nature is quòd feralis bestia eos absumat f l. multi C. de malefic mathem such as by Images of waxe inchaunted do cause the death of any mā if they be cōuicted do cōfesse the fault they are punished as is before said but if they wil not cōfesse their flesh is torne frō the bone with nailes with hookes g l. si excepta § si quis C. de malefic not onely witches but 3. They that haue asked counsaile of witches haue bene in auncient time punished euen such as haue asked counsaile of witches for the remedie of diseases haue bene in former times punished For Ammianus reporteth that in the time of the sonnes of Constantine the other Emperors which next succeeded thē if any man did weare about his neck any thing as a remedy of the feuer quartaine or any other infirmity he was punished capitally as accessarie to witchcraft h Ammian Marcellin lib. 19. he telleth in an other place that a certain simple old womā because shee was wonte to cure feuers by a kinde of inchātment was put to death as guilty of witchcraft and a yong mā in the bath putting his hands sometime to a marble stone and sometime to his brest and rehearsing withall certaine letters of the Alphabet imagining this to be a good remedy against the payne of the stomache was put to death by the sword i Ammian lib. 29. Nomom The Romanes it seemeth were in this strāgely opinionated for the Graeciās others did approoue such medicines Pericles did hold that diseases might be cured by hanging certaine written bookes about the necke of the diseased k Plutar. in Pe●ic And Bion the Atheist was of the same opiniō l Diogen Laert in vit B●on the Indians as Strabo testifieth do accōpt this the onely Phisicke m Strabo lib. 15. and Vallesius reporteth that charmes haue bene called remedies of Cato Varro Theophrastus Serenus Trallianus and of many Physitions of Italie Greece and Arabia n Valles lib. de sa philos And Vlpian sheweth that many haue affirmed vnto him that such charmes inchantments haue done thē good o l. 1. §. Medicos ff de extr cogn and we know that there was a kind of exorcisme 4. An obiectiō is made of exorcisme vsed in the church and we know that there was a kind of exorcisme or coniuration vsed in the Church whereby the diuels were restreined from doing hurte vnto men p l. 6. C. de Ep cler Alciat lib. 2. parerg c. 23. and Iosephus saith that this was Salomons inuention q Ioseph lib. 8. antiquit wherefore me thinkes they that vse such things or worke any good effect by such things should in no sort be punished For as Apuleius saith Nihil quod salutis causa fit criminosum est r Apulei apolog 1. Canonolog It may be that Codicgnostes had rather beleeue the cēsures of Romane magistrates in matters of Iustice then the opinions of Romane and Graecian Philosophers in table talke and common speech I know by good authority these thinges are condemned and therefore it is said of such men and their medicines in the Canon Quae alij scelera isti remedia nominant ſ c. Illud quod 26. q. 2. And Tacitus clearely affirmeth that such things medicorum disciplina condemnat t Tacit. lib. 1. histor And Plutarch calleth such practises Insanias u Plutarch in pericl and if Lucian be of any authoritie with you he saith Per verbula incantationes sanitatem operari non credo x Lucian in Philopseud Plinie likewise speketh to the same purpose in these words Maximae quaestionis semper incertae est valeantur aliquid verba incantamenta carminum in medendo sed viritim sapientissimi cuiusque respuit fides a Plini lib. 28. c. 2. As for these exorcismes heretofore vsed in the Church Bodinus teacheth that the Prophets neuer vsed in their times any such matter b Bodin lib. 3. daemon and he 5. Answere is made to the aforesaid obiection according to the opinion of Bodmus saith further that the primitiue Church neuer vsed them and he disalloweth the testimonie of Iosephus and disprooueth it in this point but sithence the matter is so doubtfull I do not thinke that the law-maker ought to punishe the vsing and applying of charmes or such things which are for that purpose hanged about the necke of the sicke bodie if they be innocently done and without mixture of magicke or euill arte with death but it principally apperteineth to diuines and preachers to extirpate such superstitions out of the hearts of men and to teach them that it is irreligious and against the glorie of God to goe for remedie to such dumbe thinges and not to God himselfe and that false is that saying of Apuleius Nihil quod salutis causa fit criminosum est for there is nothing subiect to the vse of man so good but it may be abused yet surelie