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
36 - Of Judgments
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
A judge who is not one's own becomes one's own by agreement.
The jurisdiction of any judge, other than one's own, who presides over the court or who has another jurisdiction, may be extended by the agreement of the litigants, but the agreement of private parties does not make a judge out of someone who presides over no jurisdiction, nor does what he decrees [for them] carry the authority of something which has been judged.
Extension may be secured not only expressly but silently as well. For if the litigators knowingly accept a judge who is not their own, they are understood to be extending his jurisdiction.
If someone accepts a certain judge, in his presence and in that of his opponent, in respect of some particular cause, he cannot reject him in it.
Someone who wants a kind of action to be published for him by a judge is not seen to have given his consent to that same judge.
Afier the death of a judge his successor shall proceed?
>When a judge dies his successor in the post may proceed retroactively according to the form, exactly as the one to whose post he has succeeded could have done.<
Of delegated [judges judgments].
When an ordinary judge forbids one of many delegates to judge, he is understood to be extending this prohibition to the others.
Qui iudices [esse] nequeunt [esse].
Non autem omnes homines indiscriminatim iudices [dari esse] possunt,. q/Quidam enim natura impediuntur, ut surdus, mutus, et perpetuo furiosus, et imputes quia iudicio carent. Quidam lege impediuntur, ut infames, quidam moribus, [186v] ut feminae et servi, non quia iudicium non habent, sed quia receptumest, ut civilibus non fungantur offìciis. Quidam [aetate], ut impubes, et minor octodecim annis, tales enim iudices esse non permittimus, etiam si ex consensu litigantium postulentur.
De recusatione iudicis.
Iudex etiam ordinarius potest recusari ex omni causa [per] qua[m] verisimiliter in favorem alterius partis inclinare praesumitur. Sed qui recusat, causas debet exponere ac verisimiles ostendere.
Si alter ex litigatoribus iudicem solum haeredem, vel ex parte [aut] executorem fecerit, alius iudex necessario sumendus est, quia iniquum est aliquem suae rei iudicem fieri.
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- Tudor Church ReformThe Henrician Canons Of 1535 and the Reformatio Legum Ecclesiasticarum, pp. 502 - 517Publisher: Boydell & BrewerPrint publication year: 2000