Of the law-terms, a discourse wherein the laws of the Jews, Grecians, Romans, Saxons and Normans, relating to this subject are fully explained / written by ... Sir Henry Spelman, Kt.
About this Item
Title
Of the law-terms, a discourse wherein the laws of the Jews, Grecians, Romans, Saxons and Normans, relating to this subject are fully explained / written by ... Sir Henry Spelman, Kt.
Author
Spelman, Henry, Sir, 1564?-1641.
Publication
London :: Printed for Matthew Gillyflower ...,
1684.
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Subject terms
Law -- Terminology -- Early works to 1800.
Law -- Antiquities -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A61093.0001.001
Cite this Item
"Of the law-terms, a discourse wherein the laws of the Jews, Grecians, Romans, Saxons and Normans, relating to this subject are fully explained / written by ... Sir Henry Spelman, Kt." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A61093.0001.001. University of Michigan Library Digital Collections. Accessed June 13, 2024.
Pages
CHAP. IV.
How Sunday came to be exempted.
BUT, for the reformation of the
abuse among Christians, in per∣verting
the Lord's day to the hear∣ing
of clamorous Litigants, it was or∣dained
in the year of our Redemption
517. by the Fathers assembled in
Concilio Taraconensi Cap. 4. after that
in Concilio Spalensi Cap. 2. and by
Adrian Bishop of Rome in the De∣cretal
Caus. 15. quaest. 4. That, Nullus
Episcopus vel infra positus Die Dominico
causas judicare [aut ventilare] prae∣sumat,
No Bishop or inferiour person
presume to judge or try causes on the
Lord's day. For it appeareth by
Epiphanius, that in his time (as
also many hundred years after) Bi∣shops
and Clergy-men did hear and
determine Causes, lest Christians,
against the rule of the Apostle, should
goe to Law under Heathens and In∣fidels.
This Canon of the Church for ex∣empting
Sunday was by Theodosius
fortified with an Imperial Constitution,
whilst we Britains were yet under the
Roman Government, Solis die, quem
dominicum certe dicere solebant majores,
omnium omnino litium & negotiorum qui∣escat
intentio. Thus was Sunday re∣deemed
from being part of the Term;
but all other days by express words
of the Canon were left to be Dies
Juridici, whether they were mean or
great Festivals; For it thus followeth
in the same place of thea 1.1Decretals;
Caeteris verò diebus convenientibus perso∣nis
illa quae justa sunt habent licentiam ju∣dicandi,
excepto criminali (or as ano∣ther
Edition reads it) exceptis criminali∣bus
negotiis. The whole Canon is ver∣batim
also decreed in the Capitulars of
the Emperours* 1.2Carolus & Ludovi∣cus.