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A18994 The triall of bastardie that part of the second part of policie, or maner of gouernement of the realme of England: so termed, spirituall, or ecclesiasticall. Annexed at the end of this treatise, touching the prohibition of marriage, a table of the Leuitical, English, and positiue canon catalogues, their concordance and difference. By William Clerke. Clerke, William, fl. 1595. 1594 (1594) STC 5411; ESTC S108078 57,457 127

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the kings writ of Bastardie Their instance The conclusion of he nobles at Merton fol. 7 CHAP. III. The transmission or writ of certificat to the Ordinarie The Statutarie antecedents to the same fol. 24 CHAP. IIII. The Ordinarie His office and order in proceeding fol. 31 CHAP. V. Of matrimonie and legitimate issue fol. 39 CHAP. VI. Of consanguinitie or bloud The figure and declaration thereof fol. 51 CHAP. VII Of affinitie or alliance by marriage The figure and declaration thereof fol. 58 CHAP. VIII Of the prohibition Leuiticall fol. 67 CHAP. IX Of the prohibition Canonicall fol. 71 CHAP. X. Of the succession of the statutes in marriage and their force at this day fol. 77 Faults escaped in the printing Pag. 15. line 26. for that is descended read from whom is descended Pag. 41. line 17. for excesse read accesse Pag. 48. line 24. in the note for Patrimonium read Matrimonium Pag. 21. line 3. in the note for A2 28. read an 25. cap. 19. The Triall of Bastardie CHAP. I. Of possessions and Natiuities their cognisance and triall THe issue of the defiled bed before we come to handle it either in it selfe or the contrary least happily the readers should some of them looke for another issue here than I know they be likely to finde I meane a relation of pleadings in possessions after the common lawes I aduertise them before hand howsoeuer this may seeme to fit the argument Haec non iudicantur in Ecclesia The church hath no cognisance of them The possession of Radulphus and Agatha his mother left them by Radulphus the father and grandfather to Agatha and hir sonne when he went to Ierusalem impeached afterwards by F. great vncle to Radulphus the sonne in that he obiected this Agatha was begotten by Radulphus hir father of Au●line the wife of Alan in the time of Alex. 3. manifesteth as much in the Canons For when the incidēt question of hir natiuitie arose before the secular Iudges it came in the end to the audience of Alexander who in his commission in that cause of the Iurisdiction of the church to the BB. of London Worcester hauing touched the possessory Iudgement of the king countermaunded immediatly againe his former rescript in these wordes viz. Causam quae inter R. F. super eo quod mater dicti R. dicitur non fuisse de legitimo matrimonio nata agitari dinoscitur vobis commisimus terminandam verū quod literis nostris inseri fecimus v●praefato R. possessionem omnium quorum possessor extitit quando Auus suus proficiscendi Hierosolimam iter arripuit ante principalis causae ingressum faceretis restitui si eadē possessione fuisset per violentiam spolitatus Nos attendentes quod ad Regem pertinet non ad ecclesiam de talibus possessionibus iudicare ne videamur iuri regis Anglorum detrahere qui ipsarum iudicium ad se assorit pertinere f. v. mandamus quatenus regi possessionum iudicium relinquētes de causa principali videlicet vtrum mater predicti R. de ligitimo sit matrimonio nata plenius cognoscatis causam huiusmodi terminetis c. that is to say The cause or question notoriously knowne to be moued betweene R. and F. touching that that the mother of the sayd R. is affirmed not to be borne in lawfull matrimonie we haue committed to you to be determined howbeit where we caused to be inserted in the same our letters that you should see the possession of all things restored to the aforesaid R. that he possessed when his grandfather tooke his iourney to Hierusalem before your entrance to the principall busines if violently first he he had beene spoiled of the same weighing that the Cognisance of such possessions appertaineth not to the church but to the king least we should seem to derogate from the right of the king of England who claimeth they pertain to himself we require you leauing the possessorie iudgement to the king that you take absolute knowledge of the principall cause that is to say whether the forenamed R. his mother bee borne in lawfull matrimonie determine the same The politique bodie of this land considered as it is compacted of all sortes and degrees of people deuided onely in tearmes and by names of spiritualtie and temporaltie hauing auctoritie the one part commonly called the English Church to declare interprete and shew any cause question or doubt of the Law diuine or spirituall learning and to administer such offices and dueties as to their roomes spirituall doth appertaine the other the lay or temporall Iudges for triall of propertie of landes secular contentions as also the conseruation of the people of this Realme in quiet and peace and howe they doe both their auctorities and iurisdictions conioyne together in the due administration of iustice the one to helpe the other appointed so ordained and instituted to that purpose and end that the kings queens of the same according to their plenarie power from God might be furnished of themselues to render iustice and finall determination to all subiects and in all causes as they haue and doe at this day hold of God to themselfe and by their sword their people and crowne acknowledging no superiour on earth without restraint or prouocation to any pope prince or potentate in the world may giue a light to that we haue said of the spirituall and secular powers before For howsoeuer they may seeme to be distinguished in themselues they be but one body hauing but one onely head the royall and kingly maiesty of this land where the Aristocraticall gouernmentes and Democraticall haue been euermore strange vnto vs for deuided in times past into many sundry kings reigning ech absolutly in his country not vnder the subiection of other till by fighting the vanquished alwaies falling to the augmentation of the vanquisher it grew at the last into one Monarchy neuer did any take inuestiture at the Emperors hand of Rome or any other superior forraigne prince or Potentate but held as I sayd before and as they haue doe and will hold of none but of God their people and crowne Hence it is taken for an Empire in the world wherof as did Vlpian de publico romanorum iure I may as boldly write viz. Huius sacrosanctae Augustae ciuitatis status in sacris sacerdotibus magistratibus consistit that is to say The state of this imperiall common-wealth consisteth in holie thinges and in priests and magistrates for so we repute no lesse the magistrate thā the priesthood to be ordained of God as the apostle teacheth whereof Duarenus dilateth thus viz. Sunt cnim magistratus sacerdotium velut vnius corporis id est ecclesiae duo membra precipua quorum alterum alterius auxilio eget Verily they are saith Duarenus the magistracie and priesthood as it were of one bodie that is to say two principall members of the Church hauing need the