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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A18989	An epitome of certaine late aspersions cast at ciuilians, the ciuil and ecclesistical lawes, the courts Christian; and at bishops and their chancellors Wherein the authors thereof are refuted, and refelled. With an appendix, wherein the ciuill and canon lawes, with the causes of the cognisance or cognition of either of them in the Church or commou-wealth [sic] in the Kings dominions, (what they are), are opened. By VVilliam Clerk, Bach. of the Ciuill Law. The aspersions follow in the next fol.; Epitome of certaine late aspersions cast at civilians	Clerk, William.	1631 (1631)	STC 5406; ESTC S108076	19,221	54

well governed common wealths a very few excepted whereof all-be it sundrie of them by the light of nature haue many rules of the Ciuil law yet if all the lawes of all other Countries were put together none excepted saving the lawes of the Hebrews which came immediatly from God for wisdome grauitie law or equity they come not neare to the law of the Romans whence it is that all other nations saving our owne although they receiue not the Ciuil law wholly for their law yet they honour and admire so much the equity thereof that they interpret their owne lawes thereby For the canon law it followeth What the Canon law is THat it is which is concluded in the Volumes thereof mentioned in the 10 page of the Epitome the Decrees Decretalls Sect clementines Extrauagants But let the Reader be advertised by the way that not all that is concluded in those Volums nor in the Tomes of the Ciuil law before but only the lawes constitutions extrauagants such as are An 〈◊〉 H 8 Cap 19 in an 〈◊〉 England intit An Act of the 〈◊〉 of the Clergie And 〈◊〉 8 H 8 cap 〈◊〉 Act 〈◊〉 Act against the 〈◊〉 〈◊〉 of the 〈◊〉 of R me an act for 〈◊〉 not crossing to the law of God nor adverse to the 4 first generall councells that at Nice That at Constantinople That at Ephesus that at Calcedon Nor contrary nor repugnant to the Royall Prerogatiue of the King Nor yet to the lawes Statuts Customes of his Kingdomes are the lawes we hold and follow for the Ciuil and Canon lawes in the Kings Dominions whereinto they were induced out of their volumes not the volumes themselues where though we reade them because they be not volumed by themselues but lye dispersed here and there amongst the rest therein wee hold not the rest amongst them as wee hold them for the Kings Ecclesiasticall lawes no more then we hold the Apocripha in the Bible though in the Bible for Canonicall scripture with this intimation I descend to the causes of the Cognizance or Cognition of these lawes in the Church or Common-wealth in the King Dominions what they are A Schedule of Such causes or actions of the Church by the Ciuil and Canon lawes as doe atise betweene party and party ordinarily As they call them causes of instance or At instance viz. Debates in 1 Church seruices with-holden from their Chappell 's 2 Ecclesiasticall promotions dignities or benifices 3 Spirituall pensions 4 Tithes 5 Sedile causes or seates in Churches 6 Dilapidations 7 Procurations 8 Testaments 9 Legacies 10 〈◊〉 11 Diuorces 12 Diffamations With their and every of their Incidents and Emergents A Schedule of such causes or actions of the Church as by the Ciuil and Canon lawes doe arise by Accusation Inquisition or Denuntiation Such are against 1 Offences against the act of 20 Elizabeth Cap. 20 for the vniformity of Common prayer c. 2 Pollutions of churches and church yards 3 Fighting or quarrelling in Churches or church-yardes 4 Herisies 5 Schismes 6 Apostasie 7 Idolatrie 8 Violation of the Sabbath 9 Violation of the Interdicts of the Church 10 Excesses in Prelats 11 Excesses in Clarks 12 Sacrilege 13 Sortilege witcheraft Inchantment 14 Laying violent hands vpon a Clerk 15 A Clerk a striker 16 Blasphemye 17 Periury ecclesiast 18 Simonye 19 Vsurie 20 Execrations 21 Imprecations Imprecātes debilitates Naufragia Morbos c. 22 Incest 23 Adultery 24 Fornication 25 Lenocinie 26 Obscenitie or Ribaldrie 27 Drunkennes Non frustra sunt instituta Regis Potestas Cognitoris ius vngulae carnificis arma militis disciplina dominantis seueritas etiam boni patris Habent omnia ista modos causas rationes vtilitates Haec cum rimentur malicoërcentur boni quieti inter malos viuunt Cap frustra 23. q. 5. SVndrie other matters and causes there are some ordinarie some extraordinarie some Ciuil some Criminall of the Conusance of the Ciuill law within the dominions of the King which not of the Cognizance of the Church whervnto this Appendix streights me I set them not in the Schedules thereof And yet for the honour of that learning more satisfaction of the Reader I will point thereat herein no more least it should exceede cōpasse I meane the compasse of an Appendix to so small an 〈◊〉 of which learning let the Reader vnderstand that first the Lord Admirall of the Sea Next the two Vniuersities Cambridge and Oxford haue a larger exercise therein then the Church or other places in the Common-wealth haue to season thereby the professors of that learning there with that practice thereof to make them the apter for such services therein as the Prince his Cōmon wealth at home with Princes and their Common wealthes abroad may require Now where the Nations round about vs farre neare are ruled by the Ciuil law wherein Princes treat with Princes of peace or warre or other Cōmon wealth-affayres by their Ambassadours if not Ciuilians attended by Ciuilians by whom they treat How meanely soever the Penmen of the Theses or positions in the Epitome before or their followers therein hold the Ciuilian his learning how Princes and their Common wealthes esteeme of them their imployments in their services in that learning shew But what doe I point at treaties betweene Princes no ordinarie obiect of the Ciuil law neyther deales it ordinarily but incidently therein by Commission from the Prince So it doth in Martiall affaires in an Armie So it doth in Ensignes and Armes And so 〈◊〉 doth in decisions of rights in Precedencie in Place Honour when such debates doe happen as many times they doe sometimes in the Church sometime in the Common wealth so in 〈◊〉 of like kinde which of the Science of the 〈◊〉 law though not of the practice of it ordinarily for the honour of that learning I could not passe by them and not point at them nor leave vntoucht their honouring that Science whose authorityes for Iudgment all the world honours Latret igitur Criticus quisquis volet modo nunquam latrare desinat Sayeth one of these authorityes of that law Ea est meaning the same nobilis 〈◊〉 iudi 〈◊〉 omnia fine 〈◊〉 〈◊〉 est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 de vas Ipsa est quae 〈◊〉 〈◊〉 non est 〈◊〉 A third Ipsa est quae nobilitat addiscentes And sayeth a fourth And I Cap. 〈◊〉 do 〈◊〉 〈◊〉 Cap. 〈◊〉 〈◊〉 say no more Conduplicat 〈◊〉

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 〈◊〉 Constā 〈◊〉 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 Christiā 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 whō the Emperor had translated these causes the rest frō the Iurisdiction of the Empire to the Iurisdictiō 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 distinctiō of Ecclesiasticall Spirituall causes from Ciuil 〈◊〉 in point of Iurisdictiō 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 distinctiō 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 distinctiō hath brought the Author to the Iurisdictiō of the Church As great an Ei sore to him nay a greater thē 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 Iurisdictiō 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