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A68659 A vievv of the civile and ecclesiasticall law and wherein the practice of them is streitned, and may be releeved within this land. VVritten by Sr Thomas Ridley Knight, and Doctor of the Civile Law. Ridley, Thomas, Sir, 1550?-1629.; Gregory, John, 1607-1646. 1634 (1634) STC 21055.5; ESTC S115990 285,847 357

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Prince is his Queene who shineth by the C. 7 tit 37. l. 3. in princip beames of her King and hath the like prerogative as himselfe hath After them comes next in place the Kings Children because children in a sort are partakers of their Fathers dignitie but yet among children there is a difference that the male be preferr'd before the female among those which are males the eldest have the preheminence in going sitting speaking and other like matters of respect After the Kings Children follow in the next ranke Dukes after them Marquesses then Earles fourthly Vicounts and last Barons all which have dignities either heritable or granted by the bountie of the Prince whereupon their nobilitie is founded and whereby they onely and no other are to be accounted Peeres of the Land Among these for courtesie sake are reckoned such as descend of Noble Houses every one according to his degree untill the third generation L. 1. c de dignitat lib. 12. and the daughters of these great Houses so long as they marrie to any that are in degree of Peeres reteine their fathers dignitie but if they marrie under the degree of Peeres then they lose their fathers place and follow the degree of their husband which notwithstanding is in practice otherwise heere among us but without any warrant of Law The like is of the Widowes of the Peeres who L. Mulieres 13. C. de dignit l. 12. c. de equestri dignitat l. unic lib. 12. while they live sole and unmarried reteine the nobilitie of their husbands but if they marrie then they follow the condition of their second husbands be it honourable or otherwise Next in place after Peeres come Knights whereof Cujacius Cujacius lib de Feudis following the moderne French Heraldrie maketh three sorts one whereof hee calleth Chevalliers the other Bannerets the third Bachilers but setteth downe no proper difference of the one from the other and therefore I leave that to bee enquired of those which shall be curious thereof Among the Romans for ought that I have read L. cumte c. de Nuptiis there was but one order of them and they were next in degree to the Senatours themselves as with us they are to the Peeres Betweene Knights and Doctors of the Law hath ever been question for precedencie since either of them hath been in credit in Common-weales as may appeare both by the comparison that Tully maketh betweene Lucius Murena a Knight of Rome and Publ. Sulpitius a Lawyer either of them standing for the Consulship in his eloquent Oration made for Murena and many disputes of Bartol and Baldus arguing the case to and fro which although it be yet disputable in forreine Countries where the Civile Law is in credit yet here among us where all preferment is taken from it and the Professours thereof are shut up as it were into a narrow corner of their profession it is without controversie and the prioritie thereof indubitable but yet this Chassaneus de gloria mundi lib. 9. is the resolution of those which are learned in this point that in such acts as concerne learning a Doctor is to bee preferred before a Knight but in acts that concerne militarie knowledge a Knight takes place before a Doctor but in other acts which are neither proper to the one nor to the other first are preferred such Doctors as attend about the Prince secondly such Knights as waite upon the Prince thirdly such Doctors as being not about the Prince are excellent in learning fourthly come Knights without any place of preferment lastly Doctors of meaner gifts and place Although by the Civile Law there be no Gentlemen of title under Knights but all the rest went under the name of people yet in other common-wealths there are and with us bee even in this ranke which have names of preheminence whereby they are in degree aboue the rest as with the French there are l●s Gentilhommes and le Gens de ordinances and with us are Squiers and Gentlemen all which give Ensignes or Coat-Armours and thereby are distinguished from the meaner people in which respect Bartol calleth them Noble but yet of a weake nobilitie for that it hath no further prerogative Bartol 〈◊〉 de Insign in it than that it makes them differ from the baser sort of people Of these two sorts of Gentlemen with us the Squier hath the priority * And so it might have seemed by the English name for though we now call this kinde of Gentleman an Esquier yet our Ancestors called such a one S●yld-cnapa a th●eld-knave that was the knave or as wee say now the boy of servant that used to beare a Shield or other Armour after his Master in the wartes and this is answerable to the Latin Armiger and to the originall of the dignity whereas the word Esquier which we now use fiō the French properly noteth an other thing L. 1. c. de dignitut lib. 10. 12. who seemes by the common name wee give him in Latin to have had his origen either for that hee carried the Armour of the King Duke or other great Homer Iliad Plin. lib. 35. natural histor personage as wee see not onely in holy Scriptures Saul and Jonathan had their Armour-bearers but in Poëts and other prophane stories Patroclus was Achilles Armour-bearer and Clitus great Alexanders whereupom some write that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is he whom we call Armiger in Latin is a footeman that with a speare shield or head piece followeth an armed Knight in battaile or rather as some other suppose it is the footman himselfe armed in the field howsoever the word be taken this is sure that these were men of good account in the old time as those which won themselves 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 descending for the most part from their worthy Ancestours There is no dubbing or creating of these by the Princes hand or him to whom the Prince hath given authoritie as it is in the creating of the Nobilitie and the making of Knights but every one whom the Captaine hath vouchsafed that service is by the service it selfe a Squier and that not onely hee which hath done the service in warre but also such which have done any equivalent service in peace as Lievtenants and Sherifes of Shires and Justices of Peace within their Countie for even in this as in other Promotions hath that distinction of the Law place of Castrensis peculii quasi castrensis whereby service of the Common-wealth at home is levelled and made equall with that abroad Gentlemen have their beginning either of blood as that they are borne of worshipfull parents or that they have done some thing worthily in peace or warre whereby they deserve to beare Armes and to bee accounted Gentlemen for hee is a Gentleman who is commonly
Idem part 22. q. 87. art 1. who was figured by the tenth number All which that we may grant to be true betweene Christ and all mankinde as it is true indeed and that ten is the perfection of the other numbers under ten for that all the rest of the Digits when they come to ten returne back againe to ten and are multiplied by the coupling of themselves with ten yet where is this proportion betweene Christ and ten in the Scripture that should make this Ceremonie which if it cannot be found any where nor any consent of the primitive Church shewed for it as I thinke it cannot be then may it with as good authoritie be rejected as it is received For albeit Thomas Aquinas himselfe was tearmed a Seraphicall Doctor that is such a one as had a sense in the understanding of the holy Scripture above all others of his age and that he did much profit the studie of Divinity with his wittie distinctions yet is not his authoritie such that it must prevaile in cases of Divinitie without the authoritie of the Scripture and the consent of the ancient Fathers of the primitive Church interpreting this peece of Scripture in that sense as he doth which would make a sweet harmony if it might be had And therefore as to my poore sense better said a learned man of our time to this point writing upon the Sabbath day Iunius in 2. c. 3. Geneseo● in the second of Genesis which may be also proportionably understood of the tenth for that they were both before the Law in their very number and were but repeated by Moses under the Law because they had beene approved by God before the Law in the selfe same numbers and that which hee saith of the Sabbath is this that albeit it hath a Ceremoniall designation of the day that is that it doth figure unto us our perpetuall rest which we shall have in heaven after that there is a new heaven and a new earth yet there is therein two parts the one naturall the other positive as that God should have a seventh day of worship this is Naturall and therefore doth remaine because it is perpetuall but that this seventh day of the Lords worship should bee the seventh after the Creation of the world this was positive and therefore was changed by the Apostles and blessed men of the primitive Church into the seventh day after the Resurrection of our Saviour Jesus Christ which as it is verified by him in the Sabbath 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 positive The naturall is this that God our of all the fruits of the earth the increase of cattell that are worthy of him and fit for mans use should have a tenth both in the acknowledgement of his universall government over us and also for the provision of his ministers and therefore this remaineth in that sence immediately after the disolution of the Jews policie the good Christians of the Primitive Church as soone as they could get any outward forme of a Church peace from persecution received it in the very quotitie as a thing no lesse belonging to their Ministers than it did appertaine to the Priests Levites of the Law But that the Lord annexed these Tythes by Moses to the Priest Levites for their maintenance during the time of the dispensing of the mysteries under the Law this is positive and therefore changed by the good Christians in the Primitive Church frō the Jewes Ecclesiastiques to the Christian Ecclesiastiques Neither can it be thought that this number came frō the Judiciall part of the Law as a fit proportion to maintain one Tribe out of the revenues of the other eleven Tribes for that this number or quotitie was revealed to be Gods long before the Law and before there were any such division of Tribes among the people of Israell which then were not but were parted afterward by Moses into families according to the number of the twelve sonnes of Jacob. And therefore it is not to be presumed that the Law which came long after imprinted a forme upon that which was so long in beeing before there was any Law or Ceremony But as the Apostles or prime Christians vvhen as they did first change the day of the Sabbath by divine 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 seaventh for that the Lord had revealed his pleasure in many places of the Scripture as concerning that number for his day of vvorship so that no other day could be appointed for his day of worship than a seaventh So neither durst the good Christians of the Primitive Church moved no doubt with no other instinct then the other were when they translated this provision of Tythes for their ministery from the Jewish Church unto their owne Church change the number of ten into another number besides 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 ministrie than he had declared his pleasure as concerning that other number to be a day for his honour challenging it every where in the Scripture in the very quotitie for his owne right and counting it robberie if it were at any time with-holden from him And therfore it may be well thought the School-men herein did great wrong to the Church who by their quaint distinctions brought this certaintie into an uncertaintie which is no where to be found in the Scripture Which I am more bold to speake for that I see some have 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 still to stand as a perpetuall right due to God and his Church But hereof hitherto CHAP. V. SECT 1. That a Bishop being Lord of a manor and prime Founder of a Benefice could not in the first erection thereof by his own capacitie retaine any Tythes in his hand and passe the same after in Lay fee to his Tenant and so give cause to his Tenants of prescriptions against the Parson ANd so having passed over this whole proviso of Law Statute Priviledge Prescription and Composition I might well leave 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 then all therest for that it draweth away from the Parochian Church her maintenance transferreth it upon Lay and that which is worse 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 do