The Doctor and Student (1518)
Christopher St. Germain
DIALOGUE 1
- The Introduction
- Ch. 1: Of the law eternal
- Ch. 2: Of the law of reason, or the law of nature of reasonable creatures
- Ch. 3: Of the law of God
- Ch. 4: Of the law of man
- Ch. 5: Of the 1st ground of the law of England
- Ch. 6: Of the 2nd ground of the law of England
- Ch. 7: Of the 3rd ground of the law of England
- Ch. 8: Of the 4th ground of the law of England
- Ch. 9: Divers cases wherein the student doubteth whether they be only maxims of the law, or that they be grounded upon the law of reason
- Ch. 10: Of the 5th ground of the law of England
- Ch. 11: Of the 6th ground of the law of England
- Ch. 12: The 1st question of the doctor, of the law of England and conscience
- Ch. 13: What sinderesis is
- Ch. 14: Of reason
- Ch. 15: Of conscience
- Ch. 16: What is equity
- Ch. 17: In what manner a man shall be holpen by equity in the laws of England
- Ch. 18: Whether the statute rehearsed by the doctor be against conscience, or not
- Ch. 19: Of what law this question is to be understood; that is to say, where conscience shall be ruled after the law
- Ch. 20: Divers cases where conscience is to be ordered after the law
- Ch. 21: The 1st question of the student whether conscience is ordered after the law
- Ch. 22: The 2nd question of the student whether conscience is ordered after the law
- Ch. 23: The 3rd question of the student whether conscience is ordered after the law
- Ch. 24: The 4th question of the student whether conscience is ordered after the law
- Ch. 25: The 5th question of the student whether conscience is ordered after the law
- Ch. 26: How recoveries in the king’s courts to defeat tailed land stands with conscience
- Ch. 27: The 1st question of the student concerning tailed lands
- Ch. 28: The 2nd question of the student concerning tailed lands
- Ch. 29: The 3rd question of the student concerning tailed lands
- Ch. 30: The 4th question of the student concerning recoveries of inheritances intailed
- Ch. 31: The 5th question of the student concerning tailed lands
- Ch. 32: The 6th question of the student concerning tailed lands
DIALOGUE 2
- The Prologue and Introduction
- Ch. 1: The 1st question of the student whether a tenant may in conscience do waste
- Ch. 2: What is meant by this term, when it is said, Thus it was at the common law
- Ch. 3: The 2nd question of the student whether goods of outlaws be forfeit
- Ch. 4: The 3rd question of the student of waste done by a stranger in lands of a tenant
- Ch. 5: The 4th question of the student, whether a man may be of counsel
- Ch. 6: The 5th question of the student, whether a man may be of counsel
- Ch. 7: The 6th question of the student, whether a man may be of counsel
- Ch. 8: The 7th question of the student, whether a man is bound to make restitution
- Ch. 9: For what thing a man may lawfully distrain
- Ch. 10: The 8th question of the student, whether executors be bound in conscience
- Ch. 11: The 9th question of the student, whether the recipient of goods by legacy is bound in conscience to pay the debt upon a contract that the testator ought
- Ch. 12: The 10th question of the student, whether the youngest son be bound in conscience to pay the profits to the executors of the eldest brother for the time he lived
- Ch. 13: The 11th question of the student, as to damages a tenant in dower shall recover
- Ch. 14: The 12th question of the student, whether a claim be barred in conscience as in law
- Ch. 15: The 13th question of the student, whether a man whose wife dies before he can possess her land, in conscience shall be tenant by the courtesy
- Ch. 16: The 14th question of the student, whether rents be extinct in conscience
- Ch. 17: The 15th question of the student, whether rents be extinct in conscience
- Ch. 18: The 16th question of the student, whether a man who has a villein may with conscience keep lands to him and to his heirs, as he may by the law
- Ch. 19: The 17th question of the student, if a man counsels another that he has a right to land, and great suit and charges follow, what danger is this to him that gave counsel
- Ch. 20: The 18th question of the student, upon a feoffment made upon condition to pay rent to a stranger, how it shall weigh in law and conscience
- Ch. 21: The 19th question of the student, upon a feoffment in fee to pay rent to a stranger, how it shall weigh in law and conscience
- Ch. 22: How uses of land first began, and by what law
- Ch. 23: The diversity between the two cases discussed in chapters twenty and twenty-one
- Ch. 24: What is a nude contract, or naked promise, and whether any action may lie thereon
- Ch. 25: The twentieth question of the student, which of two sons shall inherit in conscience
- Ch. 26: Whether an abbot may present to an advowson without assent of the covent
- Ch. 27: If a man find beasts in his ground doing hurt, whether he may take and keep them
- Ch. 28: Whether a gift made by one under the age of twenty-five years be good
- Ch. 29: If a man be convict of heresy before the ordinary, whether his goods be forfeited
- Ch. 30: Where divers patrons of an advowson vary in their presentments, whether the bishop shall have liberty to present which of the incumbents that he will or not
- Ch. 31: How long time the patron shall have to present to a benefice
- Ch. 32: If a man be excommenged, whether he may be assoiled without making satisfaction
- Ch. 33: Whether a prelate may refuse a legacy
- Ch. 34: Whether a gift made under a condition be void, if the sovereign break the condition
- Ch. 35: Whether a covenant made upon a gift to the church, that it not be aliened, be good
- Ch. 36: If the patron present not within six months, who shall present
- Ch. 37: Whether the presentment and collation of all benefices and dignities, voiding at Rome, belongeth only to the pope
- Ch. 38: If a house by chance fall upon a horse that is borrowed, who shall bear the loss
- Ch. 39: If a priest have won much goods by saying of mass, whether he may give those goods, or make a will of them
- Ch. 40: Who shall succeed a clerk that dies intestate
- Ch. 41: If a man be outlawed of felony, or be attainted of murder or felony, or that is an Ascismus, may be slain by every stranger
- Ch. 42: Whether a man shall be bounden by the act or offense of his servant or officer
- Ch. 43: Whether a villein or a bondman may give away his goods
- Ch. 44: If a clerk be promoted to the title of his patrimony, and after sells his patrimony, and after falleth to poverty, whether shall he have his title therein
- Ch. 45: Questions taken by the student out of the Summa Rosella and Summa Angelica, which he thinketh necessary to be seen how they agree with the laws of the realm
- Ch. 46: Where ignorance of the law excuses in the laws of England, and where not
- Ch. 47: Certain cases and grounds where ignorance of the deed excuses, and where not
- Ch. 48: The 1st question of the doctor, how the law may be said reasonable, that prohibiteth them that be arraigned upon an indictment of felony or murder, to have counsel
- Ch. 49: The 2nd question of the doctor, whether the warranty of a younger brother taken as heir is a bar to the eldest brother
- Ch. 50: The 3rd question of the doctor, if a man prosecute a collateral warranty to extinct a right he knows another man hath to land, it be a bar in conscience
- Ch. 51: The 4th question of the doctor; of the wreck of the sea
- Ch. 52: The 5th question of the doctor, whether it stand with conscience to prohibit a jury of meat and drink till they be agreed of their verdict
- Ch. 53: The 6th question of the doctor, whether the colors that be given at the common law stand with conscience, because they be most commonly feigned
- Ch. 54: The 7th question of the doctor, concerning pleadings in assise, whereby the tenants sometimes plead in such manner that they shall confess no ouster t
- Ch. 55: The 8th question of the doctor, whether the statute of Sylva caedua, stand with conscience
ADDITIONS TO THE SECOND DIALOGUE
- Ch. 1: What power the parliament has over such things as be brought with dead bodies to their burials, and that be claimed by some curates to pertain to their church
- Ch. 2: Whether the parliament may enact, that no lands shall come hereafter into mortmain by license nor without license
- Ch. 3: Whether the parliament may break all appropriations that be made against any statute, or against the good order of the people
- Ch. 4: That all sanctuaries, and also who shall have his clergy, be under the power of the parliament, to order as they shall think convenient
- Ch. 5: What power the parliament has in the trees and grass in church-yards
- Ch. 6: What the parliament may do touching suits for dilapidations in the spiritual court
- Ch. 7: Whether parliament may enact that no priest shall wear any cloth made out of the realm, and whether it may order the salary of chaplains
- Ch. 8: If there were a schism in the papacy, what the parliament might do therein
- Ch. 9: If it were enacted, that if one call another thief or murderer, that the suit should be taken in the king’s court, and not in the spiritual court, I think the statute were good
- Ch. 10: Whether parliament may enact, that no religious person shall receive into the habit of their religion any child under a certain age to be appointed by the parliament
- Ch. 11: Whether the parliament may prohibit, that no ordinary shall admit none to the order of priesthood, except they be sufficiently learned
- Ch. 12: Who shall have the tithes of the waste grounds that be within no parish, and what power the parliament has therein
- Ch. 13: What authority the parliament has concerning visitations
The Doctor and Student, or, dialogues between a doctor of divinity and a student in the laws of England containing the grounds of those laws together with questions and cases concerning the equity thereof (1518), by Christopher St. Germain.
Based on the 1874 edition. Revised and corrected by William Muchall, Gent. Muchall’s annotations have been omitted.
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