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.

CHAP. III.

Why some Law-business may be done on days exempted.

IN the mean time let us see, why some Law-business may be done on days exempted, and sometimes on Sun∣day it self, notwithstanding any thing above mentioned.

For as in Term time some days are ex∣empted from Term business, and some portion of the day from sitting in Courts; so in the Vacation time and days ex∣empted, some Law business may be per∣formed by express permission of the Canon-Law, according to that of the a 1.1 Poet in the Georgicks,

Quippe etiam Festis quaedam exercere diebus Fas & jura sinunt—

The Synod of Medard admitteth matters de pace & concordia: The Laws of Hen. 1. matters of Concord and doing Fealty to the Lord. The Decree of Gregory the ninth, in cases of necessity, and doing piety, accor∣ding to that ofb 1.2 Prosper,

Non recto servat legalia Sabbata cultu, Qui pietatis opus credit in his vetitum.

The rule is verified by our Saviour's healing on the Sabbath day. Out of these and such other authorities of the Laws Ecclesiastical and Civil, cited in the Glosses, the Canonists have collected these Cases, wherein Judges may proceed legally upon the days

prohibited, and doe the things here next following.

For matters of Peace and Concord, by reason whereof our Judges take the acknowledgment of Fines, Statutes, Recognizances, &c. upon any day, e∣ven the Sabbath it self; (though it were better then to be forborn.)

For suppressing of Traytors, Thieves, and notorious Offenders, which may otherwise trouble the peace of the Commonwealth, and undoe the King∣dom.

For manumission of Bondmen: A work of Piety.

For saving that which otherwise would perish: A work of Necessity.

For doing that, which, time over∣slipt, cannot be done: As for making Appeals within the time limitted, &c.

For taking the benefit of a Wit∣ness that otherwise would be lost, as by Death or Departure.

For making the Son sui Juris: As if, amongst us, a Lord should discharge a Ward of Wardship. All which are expressed in these Verses;

Haec faciunt causas Festis tractare diebus, Pax, Scelus admissum, Manumissio, Res peritura,

Terminus expirans, mora Festi abesse vo∣lentis, Cumque potestatis Patriae jus filius exit.

Or thus according to Panormitanus; Ratione Appellationis, Pacis, Necessita∣tis, Celeritatis, Pietatis, Matrimonii, Latrocinii, & ubicunque in mor a promp∣tum est periculum. So likewise by con∣sent of parties upon dies Feriati minùs solennes, viz. Harvest, Hayseed, &c. as we have said before. And divers others there are. See thea 1.3 Glosses.

Notes

• a 1.1

  Virgil. Georg. lib. 1. v. 268, &c.
• b 1.2

  Lib. Ep.
• a 1.3

  Cau. 15. q. 4. Tit. de Feriis c. 5.