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A10783 A vievv of the ciuile and ecclesiastical lavv and wherein the practise of them is streitned, and may be relieued within this land. VVritten by Thomas Ridley Doctor of the Ciuile Law. Ridley, Thomas, Sir, 1550?-1629. 1607 (1607) STC 21054; ESTC S115989 186,085 248

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makes them differ from the baser sort of people Of these two sorts of Gentlemen with vs the Squier hath the priority who séemes by the common name we giue him in Latin to haue had his origen eyther for that he carired the Armour of the King Duke or other great personage as we sée not only in the holie Scriptures Saul Homer Illiad P●●n lib. 35. natura●●nstor and Ionathan had their Armor bearers but in Poets and other prophane stories Patroclus was Achilles Armour bearer and Clitus great Alexanders whereupon some write that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 siue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is he whom we call Armiger in Latine is a footeman that with a speare shield or head-peece followeth an armed Knight in battaile or rather as some other suppose it is the footman himselfe armed in the field howsoeuer the word be taken this is sure that these were men of good accompt in the old time as those which won themselues credite out of warre and so their estimation remained in their posteritie and as those were in time before so are these which are in our dayes as discending for the most part from theyr worthy auncestors There is no dubbing or creating of these by the Princes hand or him to whom the Prince hath giuen authoritie as it is in the creating of the Nobilitie and the making of Knights but euery one whom the Captaine hath vouchsafed that seruice is by the seruice it selfe a Squier and that not onely he which hath done the seruice in warre but also such which haue done any equiualent seruice in peace as Lieutenants and Shirifes of Shires and Iustices of Peace within their Countie for euen in this as in other Promotions hath that distinction of the Law place of Castrensis peculij et quasi castrensis wherby seruice of the Common wealth at home is leuelled and made equall with that abroade Gentlemen haue theyr beginning either of blood as that they are borne of worshipfull parents or that they haue done some thing worthyly in peace or warre L. 1. C. de dignitat lib. 10. 12. whereby they deserue to beare Armes and to be accounted gentlemen for he is a gentleman who is commonly so taken and reputed And this is the last and lowest order of them to whom the Law doth allow any challenge of precedencie Now it followeth that I speake some something how great personages one succéede in another in their places of honour And first to begin with the Empire it selfe as the greatest earthly dignitie vnder God albeit in the beginning it were raised vp by no right but by vsurpation Iulius Caesar changing the former gouernment of the State and challenging to himselfe the whole managing of the same yet after it came to an orderly course insomuch as he that had the present possession of it disposed it to his best liking by his last Will and Testament So Iulius himselfe deuised it to Octauius his sisters son and albeit that deuise tooke not effect by reason of the treason that was wrought against Iulius owne person so that Octauius was faine to recouer it by another right euen by the death of Lepidus and Antonius his collegues in office yet that very Will of Iulius gaue a pretence to Octauius who after was called Augustus because hee did increase the Empire with many worthy victories to stand for the inheritance of the Empire in consideration of which title the Senate and people of Rome more easily submitted themselues vnto his gouernment Augustus in like sort bequeathed it to Tiberius and Tiberius to Caius and so it came from one to another vntill some of them by crueltie and licentiousnesse of life became so odious to God and man that the people rose against them and bereft them of that liberty which they had prescribed in appointing of their Successors and somewhiles themselues and somewhiles the Soldiors made choise of whom they thought good or by whom they thought best to be rewarded And thus the right of Succession vnto the Empire was tost vp and downe many hundred yeares betwixt Inheritance Bequest and Election vntill at the last it came vnto that establed state as now it is in and setled Electors of the Empire so often as it happenned to be void Succession in Kingdomes in most part of the world in former time hath béene and at this day is by right of bloud a few onely excepted which are Electiue as the Kingdom of Poleland is at this day and in Succession the eldest son taketh place before the rest and if there be no heire male then the eldest daughter succedeth in the kingdom and her issue for Kingdoms as also succession in other dignities are impartible And yet Fraunce to exclude Edward the third from the inheritance of the Crowne thereof who descended of Isabell the sister of Charles the faire and so was next heire male vnto the kingdom of France alledged for thēselues the Law Salicke pretending none which claimed by the woman albeit he were the next heire male in bloud was to succeed as long as there were of the male line aliue how far soeuer they were off in degrée from the last king deceased But this is but a meere deuice of the French fathered vpon some rotten Record of that part of their Nation called Salii of whom otherwise they haue nothing memorable to speake of as being the basest Nation among them all of whom they report their people to haue béene compounded but this deuise serued their turne then whether it were anciently inuented or newly coyned But howsoeuer they oppose themselues against womens gouernment as Bodine Bodin lib. 6. de repub there contriman hath of late stretched out the strength of his wit to deuise reasons against the gouernment of that sex certaine it is that the Law of God hath allowed it as it appeareth in the example of Debora who being a Prophetesse gouerned Israell fortie yeares and by her direction got the Israelites a mightie victorie ouer Sisera the captaine of the hoast of Iaben and wee among other Nations haue found by experience gunaicotary or womens gouernment is nothing so vnfortunat as Bodine would make vs beléeue it is For both in our late Quéene and also in her sister except onely the case of Religion wherein she followed the error of the time and was carried way more with zeale than knowledge and thereby is more to bee pittied than to bee enuied what is in their gouernment the wisest Man-Prince in the world would not desire to bee in his owne Regiment for what is either in their priuat carriages so you giue no eare to virulent and malitious tongues who report surmises for substances and tales for truths or in their publicke gouernment so you lay not other mens faults to their charges that any man can iustly blame For that I may passe ouer the rest of their Heroicall vertues fit for women of their State specially the late Queene
that ten is the pefection of the other numbers vnder ten for that all the rest of the Digits when they come to ten returne backe againe to ten and are multiplyed by the coupling of themselues with ten yet where is this proportion betwéene Christ and ten in the Scripture that should make this Ceremony which if it cannot be found any where nor any consent of the primitiue Church shewed for it as I thinke it cannot bee then may it with as good authoritie bee reiected as it is receiued For albeit Thomas Aquinas himselfe were t●a●med a Seraphical Doctor that is such a one as had a sence in the vnderstanding of the holy Scripture aboue all others of his age and that he did much profit the study of Diuinitie with his wittie distinctions yet is not his authoritie such that it must prcuaile in cases of Diuinitie without the authoritie of the scripture the consent of the ancient fathers of the primitiue Church interpreting this péece of Scripture in that sence as he doth which wold make aswéet harmony if it might be had And therefore as to my poore sence better said a learned Iun●us in 2. c. 3. Gen●s●●s man of our time to this point writing vpon the Sabbaoth day in the second of Genesis which may be also proportionably vnderstood of the tenth for that they were both before the Law in their very number and were but repeated by Moses vnder the Law because they had bin approued by God before the Law in the selfe same numbers and that which he saith of the Sabbaoth is this that albeit it hath a Ceremoniall designation of the day that is that it doth figure vnto vs our perpetual rest which we shal haue in heauen after that there is a new heauen a new earth yet there is therin two parts the one naturall the other positiue as that God should haue a seuenth day of worship this is Naturall therfore doth remaine because it is perpetuall but that this seuenth day of the Lords worship shold be the seuenth day after the Creation of the word this was positiue therfore was changed by the Apostls blessedmen of the prsmitiue church into the seuenth day after the resurrection of our Sauiour Iesus Christ which as it is verified by him in the Sabbaoth so may it be in like sort vouched by like reason in the tenth wherein also by like semblance there are two parts the one naturall the other positiue The naturall is this that God out of all the fruits of the earth the increase of cattell that are worthy of him and fit for mans vse should haue a tenth both in the acknowledgement of his vniuersall gouernment ouer vs and also for the prouision of his ministers therfore this remaineth and in that sence imediatly after the dissolution of the Iews policie the good Christians of the Primitiue Church as soone as they could get any outward forme of a Church peace from persecution receiued it in the very quotitie as a thing no lesse belonging to their ministers than it did appertain to the priests and Leuites of the Law But that the Lord annexed these tyths by Moses to the Priests Leuits for their maintnance during the time of the dispensing of the mysteries vnder the law this is positiue therfore changed by the good christians in the primitiue church from the Iews Ecclesiastiques to the Christian Ecclesiastiques Neither can it be thought this number came from the Iudiciall part of the Law as a fit proportion to maintaine one Tribe out of the reuenewes of the other eleuen Tribes for that this number or quotitie was reuealed to be Gods long before the Law and before there was any such diuision of Tribes among the people of Israell which yet were not but were parted afterward by Moses into families according to the number of the Twelue sons of Iacob And therefore it is not to be presumed that the Law which came long after imprinted a forme vpon that which was so long in being before there was any Law or ceremonie But as the Apostles or prime-Christians whenas they did first change the day of the Sabbaoth by diuine inspiration or otherwise from the day of the Creation to the day of the Resurrection durst not substitute any other day into the place of the first day than a seuenth for that the Lord had reuealed his pleasure in many places of the Scripture as concerning that number for his day of worship so that no other day could be appointed for his day of worship than a seuenth So neither durst the good Christians of the Primitiue Church moued no doubt with no other instinct than the other were when they translated this prouision of tythes for their ministerie from the Iewish Church vnto their owne Church change the number of ten into another number beside more or lesse For that God had no lesse manifested his will in sundry parts of the Scripture as concerning this number to be a number for the maintenance of his ministerie than he had declared his pleasure as concerning that other number to be a day for his honour chalenging it euerywhere in the Scripture in the very quotitie for his owne right and counting it robberie if it were at any time withholden from him And therefore it may be well thought the Schoole-men herein did great wrong to the Church who by their quaint distinctions brought this certaintie to an vncertaintie which is no where to be found in the Scripture Which I am more bold to speak for that I sée some haue trod this path before me and shewed by good demonstration that the turning of this quotitie into a competencie is a thing nothing warrantable by the word of God but that the quotitie ought stil to stand as a perpetuall right due to God and his Church But hereof hitherto And so hauing passed ouer this whole prouiso of Law Statute Priuiledge Prescription and Composition I might well leaue the turning of this stone any more but that yet there remaineth one Prohibition of prescription to be handled which in my fancie is worse than all the rest for that it draweth away from the Parochian Church her maintnance and transferreth it vpon lay men and that which worse is it makes Bishops to be instruments hereof who are to be Patrons and defenders of Churches and not pillers or powlers of the same And yet the authors thereof doe imbrace it and kisse it as a golden birth or as if that Iuno her selfe had béene present at the Natiuitie thereof And the deuise is this A Bishop being owner of a Manor yet not diuided into Tenancies nor hauing any Parsonage erected vpon it ordeineth the one and diuideth out the other here the Bishop being seised in the whole Manor before the said diuision because he is a clergie man is supposed to be in possession aswel of the Tythes as of the Manor it selfe and therefore after creating a