Selected quad for the lemma: water_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
water_n	great_a	place_n	sea_n	5,022	5	6.4533	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A11512	A full and satisfactorie ansvver to the late vnaduised bull, thundred by Pope Paul the Fift, against the renowmed state of Venice being modestly entitled by the learned author, Considerations vpon the censure of Pope Paul the Fift, against the common-wealth of Venice: by Father Paul of Venice, a frier of the order of Serui. Translated out of Italian.; Considerationi sopra le censure della Santità di Papa Paolo V. contra la serenissima republica di Venetia. English	Sarpi, Paolo, 1552-1623.	1606 (1606)	STC 21759; ESTC S116735	55,541	80

Chanceries of this citie of iudgements giuen by a Secular Iudge since they haue beene subiect to this State and not one can be produced which was tried in an Ecclesiasticall Court And it cannot be tearmed an vsurpation seeing the Clergie haue not beene drawne to these Courts as defendēts but they haue voluntarily appeared as plaintifes that which ouerthroweth this claime more then any thing else is that in such controuersies betweene Church and Church they themselues haue appeared in the Secular Court to demand Iustice against another Church Nay and out of doubt it may certainly be beleeued that the beginning of this introduction hath beene very Canonicall seeing the Clergie of that time were also very good men and zealous in the Churches behoofes and in like maner the Popes were most exact mainteiners of the Ecclesiasticall Iurisdiction and so as well the one as the other knew very well the title of that ground for which they came in sute before the Secular nor none of them euer reprehended this course of iudgement but rather securely we may affirme that they themselues haue brought it in And there is an expresse constitution of Iustinians that custome alone giues as great iurisdiction as a law made But in that his Holinesse saith in his Monitorie C. de eman lib. l. vlt. that the Senats ordinance constituteth in bonis Ecclesiasticis emphyteoticis it must necessarily be that either his ministers haue had some other copie or writing then the true originall or else that transported with affection they supposed they saw that in it which cannot be found neither in words nor sense because that emphyteoticis is not there either formally or in equiualent words and they can no waies excuse themselues by saying they thought that the sense had beene so as they haue expressed it that it is not lawfull to relate an other mans speech in other words but especially in such a manner as to restraine that to one kinde which was spoken generallie The law saith that Churches may not appropriate vnto themselues goods possessed by the Laietie their direct title and right notwithstanding reserued It is not true that there is distinction of directum and vtile onely in Emfiteusi but both these claimes concur in patrimoniall goods both the which are treated of in a title of the second booke of Iustinians Codex whose direct right may lie in the Church tit de sun patrim L. siquis fundos L. fundi patrimoniales L. hi quibus if the Prince haue giuen them it and although this maner of possessing was out of vse in Italy vnder the French Emperors and their successors and instead thereof there hath come in fee-simple yet doth there remaine in Churches but especially those cathedrall some goods of this nature which were giuen before the Emperours of Constantinople were wholly excluded from the Empire of these adiacent regions in lease perpetuall or perpetuities there is directum and vtile where notwithstanding as also in the lands aboue mentioned neither relation nor consolidation nor extinction of line take any place as Couaruuias and Valasco who are cited by many Doctors doe effectually prooue although some not very circumspect hold the contrarie A great part of the direct titles of Churches in these low Countries neere the sea which sometimes were marishes and vallies are of this kinde for this soile being altogether vnder water and reaping no fruit from it but reeds and flags they were let out for euer or at least for a wonderfull long time at a verie easie rent answerable to the profits that they yeelded though now through the wonderfull charge of the Secular both publike and priuate in raising of the ground drenching of the marishes and draning of the water they haue beene reduced to the State wherein they are whereupon the Church hath no reason in this neither by written euidence equitie of pretending prelation deuolution or vnder any other claime to appropriate them to themselues and of these the law of the Senate in a great part entreateth as also it constituteth vpon other kinde of goods as shall be expressed For it must needs be that a pension was paied to the Church either by the claime of a reseruatiue cense or imposition or that the Church in ancient times vpon sutes made haue couenanted this reseruation or that hauing beene reserued by other Lords the sellers it was afterwards giuen to the Church by them In which case this reserued cense or taxe out of doubt belongeth to the Church in perpetuum but ouer the possession stable there remaines in no sort any title vnto them by vertue of which they may pretend consolidation prelation couenant or other such like actions Fee-simple is also of this nature that in it direct title is distinguished from profits and I wonder when they would needs adde to the law of the Senate and declare it in another sense then the truth therof imported with that word Emphyteoticis why to change and adulterate it the more they said not Feudalibus but peraduenture they would not proceed so farre because they could not hope it would neuer be spied it being a vulgar word and well vnderstood of all men The word Emphyteoticis is somewhat more vnknowne and therefore was thought the fitter to be secretly put in and therefore I cannot forbeare to replie that in the Senats law the word Emphyteotici is not vsed but it generally speakes of all contracts and manner of possession wherein the two titles of directum and vtile stand diuided neither is it lawfull for any body to restraine or expresse it contrary to the true sense thereof to the end the better to bring in the conclusion following set downe in the Monitorie which otherwise could not haue beene deduced Cùm praemissa in aliquibus ecclesiarum iura etiam ex contractibus initis ipsis ecclesijs competentia auserant It is no new matter that the Spiritualtie to enter vpon goods possessed of Seculars haue assayed to bring in this name of Enfiteusi into their titles by which they receiue a canon or pension but two hundred yeeres agoe diuers cities of Italy haue stood out against them for this cause and they themselues haue otherwhiles beene constrained to giue ouer their pretences and titles and to be contented with their bare canon comming in In the same citie of Padoua Extant authentica capitula transact about an hundred and fiftie yeres since great controuersies grew betwixt that Communalty the Monks of S. Iustina and Pragia vpon this point the which they ended by comprimise where amongst other things it was set downe that in all their goods neither escheat prelation nor consolidation for di●ect line extinct should take any place as the citie then constantly auerred that from time out of minde it had beene the vse and custome of the place Paula Cas l. Consil 244. In Vrbine also before that time there fell out a great controuersie betwixt the Clergie and the people the