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46 - Of Custom

from 2 - The Reformatio legum ecdesiasticarum

Published online by Cambridge University Press:  01 September 2018

Gerald Bray
Affiliation:
Beeson Divinity School, Samford University
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Summary

What is custom.

Custom is a certain right brought in by usage and manners of men, the which is taken for a law when the law doth fail, or else it is a certain right begun, continued and constituted by usage of the whole people or by indulgence of the most part, having authority of a law. For without writing the law came and was confirmed by use, for continual usages, allowed by consent of the /users/ users, have do follow the nature of a law.

Custom is of no value, made against reason and law.

Although the authority of custom and long use is of no small force, yet it is not of such force that either it may overcome reason or law, or bring any prejudice to a positive statate or law.

Custom is not good against the law of God and the law of nature.

Forasmuch as sins are the more grievous the longer they do detain and keep bound the unhappy soul, no man of understanding thinketh that the law of God or the law of nature, the transgression whereof bringeth damnation of soul, may be in any part defaced or undone by any custom whatsoever, the which ought rather to be called a corruption, for every custom, although it be never so old, although it be never so common, ought altogether give place unto the truth, and that use or custom, the which is contrary unto the truth, ought to be abolished.

Statata et consuetadines ecclesiae cathedralis non sunt mutandae, sine episcopi et capitali consensu.

Propterea quod Quia novitates saepe numero pariunt [161r] discordiam, non immerito stataendum videtur, ne quis episcopus absque consensu capitali statata aut consuetadines ecclesiae cathedralis antiquas [123b] immutare, aut novas facere possit; itidem nee capitulum sine episcopo. Quod si aliter facta fuerint, decernantar irrita, nisi statuta et consuetadines huiusmodi priores8 verbo Dei aut ecclesiae aedificationi repugnent.

Type
Chapter
Information
Tudor Church Reform
The Henrician Canons Of 1535 and the Reformatio Legum Ecclesiasticarum
, pp. 628 - 631
Publisher: Boydell & Brewer
Print publication year: 2000

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  • Of Custom
  • Edited by Gerald Bray
  • Book: Tudor Church Reform
  • Online publication: 01 September 2018
  • Chapter DOI: https://doi.org/10.1017/9781787441187.051
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  • Of Custom
  • Edited by Gerald Bray
  • Book: Tudor Church Reform
  • Online publication: 01 September 2018
  • Chapter DOI: https://doi.org/10.1017/9781787441187.051
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Of Custom
  • Edited by Gerald Bray
  • Book: Tudor Church Reform
  • Online publication: 01 September 2018
  • Chapter DOI: https://doi.org/10.1017/9781787441187.051
Available formats
×