Kings & rulers > History of the reign of the Emperor Charles V. > Volume 1

312 PROOFS AND ILLUSTRATIONS.
cuftoms. But befides this general advantage of the canon
law, its forms and principles were more confonant to
reafon, and more favourable to the equitable decifion of
every point in controverfy, than thofe which prevailed
in lay courts. It appears from Notes XXI. and XXIII.
concerning private wars, and the trial by combat, that
the whole fpirit of ecclefiaftical jurifprudence was ad-
verfe to thofe fanguinary cuftoms which were deftrudlive
of juftice ; and the whole force of eccleftaftical authority
was exerted to abolifti them, and to fubftitute trials by
law and evidence in their room. Almoft all the forms
in lay courts, which contribute to eftabliih, and continue
to preferve order in judicial proceedings, are borrowed
from the canon law. Fleury, Jnftit. du droit canon,
partiii. c. 6. p. 54. St. Louis, in his Eftabliftemens,
confirms many of his new regulations concerning pro¬
perty, and the adminiftration of juftice by the authority
of the canon law, from which he borrowed them. Thus,
for inftance, the firft hint of attaching moveables
for the recovery of a debt was taken from the canon
law. Eftab. liv. ii. c. »1 and 40. And likewife the
cejfio bmorum, by a perfon who was infolvent. Ibid.
In the fame manner, he eftabliftied new regulations with
refpefl to the effefts of perfons dying inteftate, liv. i.
c. S9. Thefe and many other falutary regulations the
Canonifts had borrowed from the Roman law. Many
other examples might be produced of more perfeft jurif¬
prudence in the canon law than was known in lay
courts. For that reafon it was deemed an high privilege
to be fubjeft to ecclefiaftical jurifdiflion. Among the
many immunities, by which men were allured to engage
in the dangerous expeditions for the recovery of the Holy
Land, one of the moft confiderable was the declaring
fuch as took the Crofs to be fubjefl only to the fpiritual
courts, and to the rules of decifion obferved in them.
See Note XIII. and Du Cange, voc. Crucis Priviltgia.