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Semper judicavi, in te, et in capiendo consilio prudentiam summam esse, et in dando fidem; maximeque sum expertus, cùm, initio civilis belli, per literas te consuluissem quid mihi faciendum esse censeres; eundumne ad Pompeium an manendum in Italiâ. T. Very well, stop there; Now construe. C. Cicero Appio salutem.… Cicero greets Appius.
In 1704 Archbishop Sharp, while urging his clergy to present 'any that are resolved to continue heathens and absolutely refuse to come to church, and, while admitting that the abuses of the commutation for penance were 'a cause of complaints against the spiritual courts and of the invidious reflections cast upon them, adds that 'he was very sensible both of the decay of discipline in general and of the curbs put upon any effectual prosecution of it by the temporal courts, and of the difficulty of keeping up what little was left entire to the ecclesiastics without creating offence and administering matter for aspersion and evil surmises. The same excellent prelate, when, a writ de excommunicato capiendo was evaded by writs of supersedeas from Chancery, wrote to the Archbishop of Canterbury asking him 'to represent the case to the Lord Chancellor, that he might give such directions that his courts might go on to enforce ecclesiastical censures with civil penalties, without fear of being baffled in their proceedings. In the later meetings of Convocation this subject of the enforcement of Church discipline was constantly suggested for discussion; but, as questions which were, or were supposed to be, of more immediate interest claimed precedence, no practical result ensued.
Finally, if a person stood excommunicate over forty days, an ecclesiastical judge, on application to the diocesan, might procure against him out of Chancery the writ De excommunicato capiendo.
Whereupon Dr Fulk noteth, that the Apostle in that place doth compare our sacraments with the altars, hosts, sacrifices or immolations of the Jews and Gentiles, “in that point which is common to all ceremonies, to declare them that use them to be partakers of that religion whereof they be ceremonies.” If then Isidore thought it unlawful for Christians to take pleasure in the fables of heathen poets, because non solum thura offerendo daemonibus immolatur, sed etiam eorum dicta libentius capiendo; much more have we reason to think that, by taking part in the ceremonies of idolaters, we do but offer to devils, and join ourselves to the service of idols.
C. Semper judicavi, I have ever considered, in te, et in capiendo consilio prudentiam summam esse, et in dando fidem; that your wisdom was of the highest order … that you had the greatest wisdom … that nothing could exceed the wisdom of your resolves, or the honesty of your advice. T. “Fidem.” C. It means faithfulness to the person asking … maximeque sum expertus, and I had a great proof of it.…
In the chapel of the White Tower, usually called Caesar's Chapel, and in a large room adjoining on the east side thereof, sixty-four feet long, and thirty-one broad, are kept many ancient records, such as privy-seals in several reigns, bills, answers, and depositions in chancery, in the reigns of Queen Elizabeth, King James I., and King Charles I., writs of distringas, supersedeas, de excommunicato capiendo, and other writs relating to the courts of law; but the records of the greatest importance are lodged in the Tower called Wakefield Tower, consisting of statute rolls from the 6th of Edward I. to the 8th of Edward III.
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