The pandectes of the law of nations contayning seuerall discourses of the questions, points, and matters of law, wherein the nations of the world doe consent and accord. Giuing great light to the vnderstanding and opening of the principall obiects, questions, rules, and cases of the ciuill law, and common lawe of this realme of England. Compiled by William Fulbecke.

The Diuisions and principall contents of the first Dialogue of Prohibitions and Consultations.

The 1. Diuision. 1. THe originall of tithes is inquired of. 2. The councell of Constance is said to haue condemned Wicklife for holding tithes to bee pure almes.

The 2. Diuision. 1 The originall of tithes is demonstrated to be by the law of God. 2. God his deputies for the re∣ceipt of tithes are set downe. 3. The heathens which knew not God had great regard of of paying tithes. 4. Lucullus is specially commended for the paying of tithes. 5. Camillus is likewise commended for his diligence in procuring tenth to be payed. 6. The Romanes carefull in paying first fruits.

3. Diuision. 1 Whether Parsons ought to haue no more li∣uing then tithes. 2. It is denyed by the Canonist that they ought to haue no more liuing.

4. Diuision. 1 A lay man by the Canon-law may prescribe in paying a speciall portion in lieu of tithes. 2. The ciuill lawe agreeth thereunto. 3. By the com∣mon lawe a man may prescribe in paying a tempo∣rall recompence in lieu of tithe.

5. Diuision. 1 Two sortes of tithes are set downe by the Canonist: some feudall, some ecclesiasticall. 2. The Church onely holdeth conusaunce of the right of tithes by the Cannon lawe. 3. The king of Fraunce his edict touching tithes is sette downe. 4 That by the Canon law where the question of tithes is facti, and not iuris, the exa∣mination thereof may belong to a laye iudge. 5. Where the suite of tithes is betwixt clergie men though it bee meerely possessorie, yet it be longeth to an ecclesiasticall iudge by the Canon law.

6. Diuision. 1 The nature of feudall tithes is opened by the Canonist. 2 Charles Martle is accused of Church-pillage. 3. The Canonist telleth a strange tale of Charles Martle. 4. It is thought of No∣momathes to bee but a fable. 5. One of the an∣cient statutes of England is compared with the a∣fore said edict of the king of Fraunce. 6. The common law agreeth with the Canon in the attri∣buting

of the decision of the right of tithes to the spirituall iudge. 7. Where one parson may sue a spoliation against the other in the spirituall court. 8. The executors may bee sued in the spi∣rituall court. 9. Of what trees tithes may bee de∣maunded by the statute of 45. E. 3. 10. That the rent payed for tithes vpon a lease for yeares is a laye chattell.

7. Diuision. 1 A precept issueth with a monition vnder payne of excommunication for the due satisfaction of tithes.

8. Diuision. 8 The degrees which the Canon law obserueth in punishing offences in the clergie. 2. Two sorts of excommunication sette downe by the Canonist. 3 The compulsorie statutes of England for pay∣ment of tithes are mentioned by the barrister 4. Impropriate tithes at the common law are compa∣red with feudall tithes.

9. Diuision. 1 The Ordinarie ex officio may cite men to pay tythes.

10. Diuision. 1 Two sortes of heretickes: formatus, and suspec∣tus.

2. In what cause the wife and children of he∣retickes shall enioy their landes. 3. Heretickes by the ciuill law not punishable by fire. 4. The Ca∣nonist poasteth the punishment of heretickes to the common law. 5. The professor of common law bandeth backe againe the punishment of heretikes to the Canon law.

11. Diuision. 1 What thinges may bee tearmed Church-land by the ciuill law. 2. Of Churchyards the spirituall Court shall hold iurisdiction by the common lawe. 3. The right of gleabe lande is triable by the com∣mon law. 4. Lands deuised not subiect to the iu∣risdiction of the ecclesiasticall Court 5. Suites for chattels real must be in the spirituall court.

12. Diuision. 1 That ius patronatus by the Canon law is deter∣minable in the ecclesiasticall court: and that it pas∣seth by the word (ecclesia.) 2. The diuers significa∣tions of the word ecclesia at the common lawe. 3. The interest of the Parson, patron, and Ordinarie, in the Church is shewed. 4. What thinges doe make a patron by the Canon law. 5. Ius patronatus is one of the proper obiects of the common law. 6. That an aduowson lieth in tenure.

13. Diuision. 1 Punishment pro laesione fidei concerning a tem∣porall acte, is not to be adiudged in the ecclesiastical

Court. 2. Periurie in an ecclesiasticall court puni∣shable in an eclesiasticall court. 3. Lindwoods au∣thoritie touching punishment pro laesione fidei in tem∣porall matters at the ecclesiasticall law is not admit∣ted. 4 The barrister disproueth the generall cita∣tions of Bishoppes ad Sacramenta praestanda by the common lawe. 5. Nomomath encountreth him in this point. 6. The ciuill law agreeth with the Ca∣non in matter of oathes.