Book contents
- Frontmatter
- Contents
- Acknowledgments
- Abbreviations
- Introduction
- 1 The Henrician canons
- 2 The Reformatio legum ecdesiasticarum
- Signs used in the text
- The Reformation of the Ecclesiastical Laws
- Royal proclamation of King Edward VI
- 1 Of The Highest Trinity And The Catholic Faith
- 2 Of Heresies
- 3 Of Judgments Against Heresies
- 4 [Of] Blasphemy in Which
- 5 Of Sacraments
- 6 Of Idolatry and Other Like Crimes
- 7 Of Preachers
- 8 Of Matrimony
- 9 Of Degrees Prohibited in Matrimony
- 10 Of Adultery and Divorce
- 11 Of Those to be Admitted to Ecclesiastical Benefices
- 12 Of The Resignation or Abandonment of Benefices
- 13 Of The Exchange of Ecclesiastical Benefices
- 14 Of Purgation
- 15 Of Dilapidations
- 16 Of Alienating or Letting Church Property
- 17 Of an Election
- 18 Of Conferring Ecclesiastical Benefices Without Loss
- 19 Of The Services Of The Church
- 20 Of The Church And its Ministers, And their Offices
- 21 Of Churchwardens
- 22 Of Parish Boundaries1
- 23 Of Schools And Schoolmasters1
- 24 Of Universities, Particularly of the Heads of Colleges
- 25 Of Tithes
- 26 Of Visitations
- 27 Of Testaments
- 28 Of Ecclesiastical Penalties
- 29 Of Suspension
- 30 Of the Deduction of Fruits or Sequestration, as it is Commonly Called, for Different Reasons
- 31 Of Deprivation
- 32 Of Excommunication
- 33 A form for Reconciling Excommunicates
- 34 Of Judgments, and when Someone Ought to take Action or Agree to Them
- 35 Of Crimes
- 36 Of Judgments
- 37 Of the Office and Jurisdiction of all Judges
- 38 Of the Joinder of Issue
- 39 Of Oaths and Perjury
- 40 Of the Oath Against Calumny
- 41 Of Trials
- 42 Of Possession
- 43 Of [The] Credence [Given to Documents]
- 44 Of the Crime of Forgery
- 45 Of Witnesses and their Sayings
- 46 Of Custom
- 47 Of Prescriptions
- 48 Of Violent Striking of Clerks
- 49 Of Presumptions
- 50 Of Defamations
- 51 Of Respitings or Dilations
- 52 Of Exceptions
- 53 Of the Sentence and Judgment Rendered
- 54 Of Appeals
- 55 Of the Rules of Law
- 3 Appendixes
- 4 Indexes of sources and references
- Subject index
- Bibliography
- Miscellaneous Endmatter
55 - Of the Rules of Law
from 2 - The Reformatio legum ecdesiasticarum
Published online by Cambridge University Press: 01 September 2018
- Frontmatter
- Contents
- Acknowledgments
- Abbreviations
- Introduction
- 1 The Henrician canons
- 2 The Reformatio legum ecdesiasticarum
- Signs used in the text
- The Reformation of the Ecclesiastical Laws
- Royal proclamation of King Edward VI
- 1 Of The Highest Trinity And The Catholic Faith
- 2 Of Heresies
- 3 Of Judgments Against Heresies
- 4 [Of] Blasphemy in Which
- 5 Of Sacraments
- 6 Of Idolatry and Other Like Crimes
- 7 Of Preachers
- 8 Of Matrimony
- 9 Of Degrees Prohibited in Matrimony
- 10 Of Adultery and Divorce
- 11 Of Those to be Admitted to Ecclesiastical Benefices
- 12 Of The Resignation or Abandonment of Benefices
- 13 Of The Exchange of Ecclesiastical Benefices
- 14 Of Purgation
- 15 Of Dilapidations
- 16 Of Alienating or Letting Church Property
- 17 Of an Election
- 18 Of Conferring Ecclesiastical Benefices Without Loss
- 19 Of The Services Of The Church
- 20 Of The Church And its Ministers, And their Offices
- 21 Of Churchwardens
- 22 Of Parish Boundaries1
- 23 Of Schools And Schoolmasters1
- 24 Of Universities, Particularly of the Heads of Colleges
- 25 Of Tithes
- 26 Of Visitations
- 27 Of Testaments
- 28 Of Ecclesiastical Penalties
- 29 Of Suspension
- 30 Of the Deduction of Fruits or Sequestration, as it is Commonly Called, for Different Reasons
- 31 Of Deprivation
- 32 Of Excommunication
- 33 A form for Reconciling Excommunicates
- 34 Of Judgments, and when Someone Ought to take Action or Agree to Them
- 35 Of Crimes
- 36 Of Judgments
- 37 Of the Office and Jurisdiction of all Judges
- 38 Of the Joinder of Issue
- 39 Of Oaths and Perjury
- 40 Of the Oath Against Calumny
- 41 Of Trials
- 42 Of Possession
- 43 Of [The] Credence [Given to Documents]
- 44 Of the Crime of Forgery
- 45 Of Witnesses and their Sayings
- 46 Of Custom
- 47 Of Prescriptions
- 48 Of Violent Striking of Clerks
- 49 Of Presumptions
- 50 Of Defamations
- 51 Of Respitings or Dilations
- 52 Of Exceptions
- 53 Of the Sentence and Judgment Rendered
- 54 Of Appeals
- 55 Of the Rules of Law
- 3 Appendixes
- 4 Indexes of sources and references
- Subject index
- Bibliography
- Miscellaneous Endmatter
Summary
1. Necessity makes permissible what is not permissible in law.
2. Things which have been introduced because of necessity must not be drawn into dispute.
3. Someone who is once evil is presumed to be always evil.
4. What affects everyone must be approved by everyone.
5. What is done publicly by a majority applies to all.
6. When a time limit is included to a testament, it is to be believed that it was included for the heir, unless the testator intended otherwise.
7. Things in a testament which are so written that they cannot be understood, are exactly as if they had not been written.
8. In penal cases the most favourable interpretation is to be made.
9. In almost all penal judgments there is mitigation on grounds of age and ignorance.
10. Inexperience is counted as a fault.
11. The general may be deduced from the particular.
12. The particular always inheres in the general.
13. The part is contained in the whole.
14. It is fitting for the secondary to be compatible with the principal.
15. When the main cause is not valid, those which follow have no standing.
16. Non debet, cui quod plus est licet, quod minus est non licere.
17. Non potest dolo carere, qui imperio magistratus non obtemperat.
18. Haereditas est successio in universum ius, quod defunctus habuit tempore mortis.
19. Quibus rebus mobilibus praeficiuntur per defuncti testamentum, haeredes testamentarii sive executores appellamus.
20. Haeredis appellatione omnes significari successores credendum est.
[261v; 150b] 21. Nulla mora ibi intelligitur ubi nulla petitio est.
22. Qui dolo desiit possidere, pro possessore damnatur.
23. Quicquid calore iracundiae vel fit [vel/﹛a﹜ut] dicitur, non prius ratum est, quam si perseverantia apparuerit iudicium animi fuisse.
24. Quoties idem sermo duas sententias exprimit, eapotissimumaccipiatur, quae rei gerendae aptior est.
25. In dubiis benigniora sunt praeferenda.
26. In obscuris quod minimum est sequendum.
[262r] 27. Secundum naturam est, commoda cuiusque rei eum sequi, quem sequuntur ﹛in﹜commoda.
28. Vani t[im/emp]oris non iusta excusatio est.
29. Ratihabit﹛at﹜io retrahitur, et mandato aequiparatur.
30. Ratum quis habere non potest, quod ipsius nomine gestum non est.
31. Cum sint partium iura obscura, reo favendum est potius quam actori.
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- Information
- Tudor Church ReformThe Henrician Canons Of 1535 and the Reformatio Legum Ecclesiasticarum, pp. 734 - 744Publisher: Boydell & BrewerPrint publication year: 2000