The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
DEAR SIR,--In my letter of January 16, I promised you a sample from my
common-place book, of the pious disposition of the English judges, to
connive at the frauds of the clergy, a disposition which has even rendered
them faithful allies in practice. When I was a student of the law, now
half a century ago, after getting through Coke Littleton, whose matter
cannot be abridged, I was in the habit of abridging and common-placing
what I read meriting it, and of sometimes mixing my own reflections on
the subject. I now enclose you the extract from these entries which
I promised. They were written at a time of life when I was bold in
the pursuit of knowledge, never fearing to follow truth and reason to
whatever results they led, and bearding every authority which stood in
their way. This must be the apology, if you find the conclusions bolder
than historical facts and principles will warrant. Accept with them the
assurances of my great esteem and respect.
_Common-place Book._
873. In Quare imp. in C. B. 34, H. 6, fo. 38, the def. Br. of Lincoln
pleads that the church of the pl. became void by the death of the
incumbent, that the pl. and J. S. each pretending a right, presented
two several clerks; that the church being thus rendered litigious, he
was not obliged, by the _Ecclesiastical law_ to admit either, until an
inquisition de jure patronatus, in the ecclesiastical court: that, by
the same law, this inquisition was to be at the suit of either claimant,
and was not _ex-officio_ to be instituted by the bishop, and at his
proper costs; that neither party had desired such an inquisition; that
six months passed whereon it belonged to him of right to present as
on a lapse, which he had done. The pl. demurred. A question was, How
far the _Ecclesiastical law_ was to be respected in this matter by the
common law court? and Prisot C. 3, in the course of his argument uses
this expression, "A tiels leis que ils de seint eglise ont en _ancien
scripture_, covient a nous a donner credence, car ces common ley sur
quel touts manners leis sont fondés: et auxy, sin, nous sumus obligès de
conustre nostre ley; et, sin, si poit apperer or á nous que liévesque ad
fait comme un ordinary fera en tiel cas, adong nous devons ces adjuger
bon autrement nemy," &c. It does not appear that judgment was given. Y.
B. ubi supra. S. C. Fitzh. abr. Qu. imp. 89. Bro. abr. Qu. imp. 12. Finch
mistakes this in the following manner: "To such laws of the church as
have warrant in _Holy Scripture_, our law giveth credence," and cites
the above case, and the words of Prisot on the margin. Finch's law.
B. 1, ch. 3, published 1613. Here we find "ancien scripture" [_ancient
writing_] converted into "Holy Scripture," whereas it can only mean the
_ancient written_ laws of the church. It cannot mean the Scriptures, 1,
because the "ancien scripture" must then be understood to mean the "Old
Testament" or Bible, in opposition to the "New Testament," and to the
Public-domain text, read in full here on John Shaqi.
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