The lavvyers light: or, A due direction for the study of the law for methode. Choyce of bookes moderne. Selection of authours of more antiquitie. Application of either. Accommodation of diuers other vsefull requisits. All tending to the speedy and more easie attayning of the knowledge of the common law of this kingdome. With necessary cautions against certaine abuses or ouersights, aswell in the practitioner as student. Written by the reuerend and learned professor thereof, I.D. To which is annexed for the affinitie of the subiect, another treatise, called The vse of the law.
         Doddridge, John, Sir, 1555-1628.
      
       
         
           1629
        
      
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         ESTC S109766
         99845411
         99845411
         10308
         
           
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             The lavvyers light: or, A due direction for the study of the law for methode. Choyce of bookes moderne. Selection of authours of more antiquitie. Application of either. Accommodation of diuers other vsefull requisits. All tending to the speedy and more easie attayning of the knowledge of the common law of this kingdome. With necessary cautions against certaine abuses or ouersights, aswell in the practitioner as student. Written by the reuerend and learned professor thereof, I.D. To which is annexed for the affinitie of the subiect, another treatise, called The vse of the law.
             Doddridge, John, Sir, 1555-1628.
             Bacon, Francis, 1561-1626, attributed name.
          
           [16], 119, [1]; [8], 93, [3] p.
           
             [By Bernard Alsop and Thomas Fawcet] for Beniamin Fisher, and are to be sold at his shop in Aldersgate street, at the signe of the Talbot,
             Imprinted at London :
             1629.
          
           
             I.D. = Sir John Doddridge.
             Printers' names from STC.
             "The vse of the lavv" has separate dated title page, pagination and register. It is anonymous, and has been attributed with doubtful validity to Francis Bacon.
             The first leaf and the last leaf are blank.
             Reproduction of the original in the Henry E. Huntington Library and Art Gallery.
          
        
      
    
     
       
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         eng
      
       
         
           Law -- Great Britain -- Early works to 1800.
        
      
    
     
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               THE
               LAVVYERS
               LIGHT
               :
               OR
               ,
               A
               due
               direction
               for
               the
               study
               of
               the
               Law
               ;
               for
            
             
               Methode
               .
            
             
               
                 Choyce
                 of
                 Bookes
                 moderne
              
               .
            
             
               
                 Selection
                 of
                 Authours
                 of
                 more
                 antiquitie
                 .
              
            
             
               
                 Application
                 of
                 either
              
               .
            
             
               
                 Accommodation
                 of
                 diuers
                 other
                 vsefull
                 requisits
                 .
              
            
             
               All
               tending
               to
               the
               speedy
               and
               more
               easie
               attayning
               of
               the
               knowledge
               of
               the
               Common
               Law
               of
               this
               Kingdome
               .
            
             
               With
               necessary
               cautions
               against
               certaine
               abuses
               or
               ouersights
               ,
               aswell
               in
               the
               Practitioner
               as
               Student
               .
            
             
               
                 Written
                 by
                 the
                 Reuerend
                 and
                 learned
                 professor
                 thereof
                 ,
              
               I.
               D.
               
            
             
               To
               which
               is
               annexed
               for
               the
               affinitie
               of
               the
               Subiect
               ,
               another
               Treatise
               ,
               called
            
             
               
                 The
                 Vse
                 of
                 the
                 Law.
              
               
            
             
               ¶
               Imprinted
               at
               London
               for
               
                 Beniamin
                 Fisher
              
               ,
               and
               are
               to
               be
               sold
               at
               his
               shop
               in
               Aldersgate
               street
               ,
               at
               the
               signe
               of
               the
               Talbot
               .
               1629.
               
            
          
           
             
             
             
               TO
               THE
               READER
               .
            
             
               
                 Courteous
                 Reader
              
               ,
            
             
               I
               Present
               vnto
               you
               here
               two
               children
               ,
               the
               one
               whereof
               hath
               an
               Authour
               vnknowne
               ;
               The
               other
               a
               Father
               deceased
               ;
               Both
               Infants
               ;
               both
               Orphans
               ;
               and
               both
               so
               like
               ,
               as
               if
               they
               were
               
                 Gemini
                 horoscope
                 uno
              
               .
               The
               Law
               enioynes
               you
               to
               keepe
               them
               ;
               and
               their
               descent
               deserues
               it
               :
               If
               you
               keepe
               ,
               and
               cherish
               them
               in
               their
               infancie
               ,
               the
               Law
               by
               whose
               letters
               
               of
               commendations
               they
               are
               committed
               to
               your
               tuition
               ,
               will
               keepe
               and
               preserue
               you
               and
               yours
               ,
               your
               persons
               ,
               goods
               ,
               and
               good
               names
               from
               violence
               ,
               depredation
               ,
               and
               detraction
               ,
               vnto
               posterity
               .
               Case
               them
               in
               what
               fashion
               you
               please
               :
               And
               put
               them
               into
               what
               livories
               you
               like
               best
               ;
               They
               are
               both
               so
               seasoned
               ,
               that
               no
               weather
               can
               alter
               their
               constitutions
               :
               And
               both
               so
               solid
               that
               no
               teste
               can
               disrepute
               their
               perfections
               ;
               Indeede
               they
               were
               intended
               for
               generall
               good
               .
               For
               he
               that
               will
               calculate
               their
               Natiuitie
               ,
               shall
               by
               a
               true
               Iudiciall
               finde
               in
               either
               a
               plentifull
               promise
               of
               publique
               profit
               and
               fundamentall
               fabrique
               both
               of
               the
               study
               and
               vse
               of
               the
               Lawes
               of
               this
               Realme
               .
               It
               is
               a
               duty
               we
               owe
               to
               the
               knowne
               
               Authour
               though
               deceased
               ,
               and
               a
               charity
               to
               the
               Authour
               whose
               modesty
               conceales
               his
               name
               ,
               to
               communicate
               to
               the
               generall
               what
               was
               so
               collated
               in
               their
               particular
               ,
               and
               so
               legaterily
               provided
               for
               their
               common
               behoofe
               ;
               which
               not
               as
               
                 proximiores
                 sanguinis
              
               ,
               or
               proper
               executors
               of
               the
               will
               of
               the
               deceased
               ,
               but
               as
               creditors
               to
               whom
               the
               administration
               of
               their
               good
               intentions
               for
               the
               publicke
               is
               committed
               ;
               we
               do
               now
               publish
               and
               commend
               to
               all
               Students
               in
               the
               Lawes
               ,
               and
               others
               which
               shall
               desire
               to
               enable
               their
               iudgments
               in
               this
               kinde
               .
            
          
           
             
             
             
               In
               praise
               of
               the
               worke
               .
            
             
               
                 AS
                 after
                 paine
                 in
                 digging
                 of
                 the
                 Mould
                 ,
              
               
                 Long
                 time
                 is
                 spent
                 in
                 seuering
                 the
                 Oare
              
               
                 From
                 the
                 mixt
                 earth
                 ;
                 at
                 length
                 refined
                 Gold
              
               
                 Is
                 by
                 the
                 Artist
                 wrought
                 ,
                 by
                 which
                 his
                 store
              
               
                 Is
                 much
                 encreased
                 and
                 the
                 common
                 good
                 .
              
               
                 So
                 by
                 this
                 Booke
                 if
                 rightly
                 vnderstood
              
               
                 And
                 prised
                 at
                 full
                 worth
                 ,
                 the
                 Reader
                 may
              
               
                 Obserue
                 the
                 Authors
                 labour
                 ,
                 who
                 hath
                 drawne
              
               
                 From
                 the
                 deepe
                 Masse
                 of
                 Law
                 ,
                 an
                 easie
                 way
              
               
                 To
                 make
                 the
                 Student
                 perfect
                 ;
                 and
                 doth
                 pawne
              
               
                 His
                 credit
                 on
                 't
                 ,
                 Perusers
                 may
                 be
                 bold
              
               
                 To
                 shew
                 it
                 for
                 he
                 knowes
                 the
                 Touch
                 will
                 hold
                 .
              
            
             
               W.
               T.
               
            
          
           
             
             
             
               Another
               .
            
             
               
                 VVHen
                 Criticks
                 shall
                 but
                 view
                 the
                 Title
                 ,
                 they
              
               
                 Will
                 carpe
                 at
                 this
                 great
                 Enterprise
                 ,
                 and
                 say
                 ,
              
               
                 It
                 was
                 too
                 boldly
                 done
                 ,
                 thus
                 to
                 comprize
              
               
                 In
                 a
                 small
                 Volume
                 ,
                 Law
                 ,
                 and
                 a
                 true
                 size
              
               
                 To
                 set
                 vpon
                 it
                 ;
                 but
                 the
                 learned
                 will
              
               
                 Excuse
                 his
                 little
                 Booke
                 ,
                 and
                 praise
                 his
                 skill
                 ,
              
               
                 His
                 ayme
                 being
                 onely
                 to
                 instruct
                 the
                 youth
                 ,
              
               
                 Not
                 to
                 controll
                 the
                 Iudge
                 ,
                 or
                 wrong
                 the
                 truth
                 :
              
               
                 For
                 he
                 well
                 knowes
                 ,
                 Cases
                 with
                 time
                 may
                 change
                 ,
              
               
                 And
                 that
                 prooue
                 common
                 which
                 before
                 was
                 strange
                 .
              
            
             
               I.
               S.
               
            
          
           
             
             
             
               THE
               TABLE
               .
            
             
               
                 NOtes
                 collected
                 out
                 of
                 diuers
                 Authors
                 .
                 Fol.
                 5
              
               
                 Grounds
                 borrowed
                 out
                 of
                 Logicke
                 .
                 7
              
               
                 Grounds
                 borrowed
                 out
                 of
                 naturall
                 Philosophy
                 .
                 9
              
               
                 Grounds
                 borrowed
                 out
                 of
                 Morall
                 Philosophy
                 .
                 ibid
              
               
                 Grounds
                 borrowed
                 out
                 of
                 the
                 Ciuill
                 Law.
                 10
              
               
                 Grounds
                 borrowed
                 out
                 of
                 the
                 Cannon
                 Law.
                 12
              
               
                 Grounds
                 deriued
                 from
                 the
                 vse
                 ,
                 custome
                 and
                 conuersation
                 of
                 men
                 .
                 13
              
               
                 Proverbiall
                 Grounds
                 .
                 14
              
               
                 Maximes
                 applia●le
                 onely
                 to
                 one
                 title
                 .
                 15
              
               
                 The
                 diuers
                 kinds
                 of
                 Grounds
                 which
                 doe
                 concerne
                 one
                 title
                 .
                 16
              
               
                 Formall
                 causes
                 and
                 Grounds
                 of
                 the
                 Law.
                 42
              
               
                 
                 Notes
                 collected
                 touching
                 the
                 verity
                 of
                 Principles
                 .
                 43
              
               
                 Notes
                 collected
                 touching
                 the
                 difference
                 betweene
                 primary
                 and
                 secondary
                 principles
                 .
                 45
              
               
                 The
                 first
                 sort
                 of
                 secondary
                 rules
                 grounded
                 vpon
                 entendement
                 .
                 48
              
               
                 Notes
                 touching
                 the
                 definition
                 ,
                 diuision
                 ,
                 and
                 necessary
                 consequents
                 of
                 secondary
                 principles
                 .
                 49
              
               
                 The
                 second
                 sort
                 of
                 secondary
                 rules
                 grounded
                 vpon
                 entendement
                 .
                 59
              
               
                 The
                 second
                 principall
                 kinde
                 of
                 contingent
                 propositions
                 .
                 57
              
               
                 The
                 triple
                 vse
                 of
                 equity
                 in
                 the
                 Lawes
                 .
                 62
              
               
                 Notes
                 collected
                 out
                 of
                 Authours
                 touching
                 exceptions
                 of
                 rules
                 ,
                 and
                 from
                 whence
                 they
                 spring
                 .
                 63
              
               
                 Exceptions
                 ministred
                 by
                 equity
                 .
                 77
              
               
                 The
                 vse
                 of
                 generall
                 rules
                 ,
                 and
                 the
                 obseruations
                 of
                 their
                 specials
                 .
                 89
              
               
                 Notes
                 collected
                 out
                 of
                 Authours
                 touching
                 the
                 obseruation
                 of
                 generall
                 propositions
                 .
                 ibid
              
               
                 Notes
                 of
                 Authours
                 touching
                 the
                 obseruation
                 of
                 collection
                 of
                 grounds
                 ,
                 and
                 rules
                 by
                 inference
                 .
                 104
              
            
             
          
        
         
           
             
             
             
               ARISTOTLE
               in
               the
               first
               book
               of
               his
               Topickes
               expressing
               the
               meanes
               ,
               wherby
               in
               euery
               facultie
               or
               science
               Intellectuall
               ,
               resting
               vpon
               discourse
               of
               reason
               ,
               Men
               might
               abound
               in
               matter
               apt
               for
               Argumentation
               ,
               and
               might
               bee
               furnished
               with
               copy
               of
               Reason
               fit
               for
               the
               proofe
               or
               disproofe
               of
               things
               called
               into
               debate
               ,
               in
               such
               the
               sciences
               by
               them
               professed
               ,
               expresseth
               a
               fowrefold
               obseruation
               ,
            
             
               1.
               
               
                 Quarum
                 vna
              
               (
               as
               he
               sayth
               )
               
                 est
                 in
                 propositionibus
              
               
               eligendis
               .
            
             
               2.
               
               
                 Altera
                 in
                 distinguendo
                 quot
                 modis
                 quicquid
                 dicatur
                 .
              
            
             
               3.
               
               
                 Tertia
                 in
                 differentijs
                 inueniendis
              
               .
            
             
               4.
               
               
                 Quarta
                 in
                 similitudinis
                 cognitione
                 &
                 scientia
                 .
              
            
             
               All
               which
               are
               notable
               instruments
               of
               knowledge
               ,
               greatly
               profitable
               ,
               yea
               necessary
               for
               the
               obtayning
               of
               all
               such
               sciences
               as
               doe
               depend
               vpon
               reason
               :
               and
               so
               consequently
               much
               auayleable
               to
               be
               obserued
               in
               the
               study
               of
               the
               Lawes
               of
               this
               Land
               ,
               which
               are
               grounded
               vpon
               the
               depth
               of
               Reason
               ,
               and
               inuested
               often
               times
               by
               the
               name
               of
               Reason
               ,
               in
               our
               Reported
               
               Cases
               ,
               and
               ruled
               Authorities
               of
               the
               same
               :
               11.
               
               Hen.
               7.
               24.
               b.
               13.
               
               Hen.
               7.
               23.
               
                 b.
                 Com.
                 Colth
              
               .
               270.
               
                 b.
                 Com.
                 Brown.
              
               140.
               b.
               27.
               
               Hen.
               8.
               10.
               
                 a.
                 Montague
              
               .
            
             
               Of
               which
               fowre
               Principles
               ,
               purposing
               (
               for
               direction
               of
               study
               )
               to
               say
               somewhat
               ,
               in
               order
               ,
               as
               they
               are
               afore
               proposed
               .
            
             
               It
               is
               to
               be
               considered
               that
               the
               first
               of
               them
               being
               
                 Propositionum
                 electio
              
               ,
               containeth
               the
               Election
               ,
               choice
               obseruation
               ,
               and
               collection
               of
               all
               receiued
               Principles
               ,
               Propositions
               ,
               Sentences
               ,
               Assertions
               ,
               Axiomes
               and
               Reasons
               ,
               importing
               eyther
               certainety
               of
               truth
               ,
               or
               likelyhood
               of
               probability
               .
            
             
               Wherein
               first
               Aristotle
               giueth
               precepts
               to
               collect
               them
               ,
               and
               then
               after
               giueth
               counsayle
               ,
               so
               to
               digest
               them
               ,
               as
               that
               they
               may
               at
               all
               times
               bee
               ready
               for
               our
               vse
               .
            
             
               Wherefore
               heereof
               intending
               an
               ample
               discourse
               ,
               it
               shall
               be
               requisite
               to
               follow
               the
               ordinary
               and
               best
               Method
               ,
               by
               Definition
               ,
               Diuision
               ,
               and
               the
               due
               speculation
               of
               their
               Causes
               ,
               whereby
               may
               be
               manifested
               what
               they
               are
               ,
               of
               how
               many
               kinds
               they
               are
               ,
               the
               diuers
               manners
               of
               collection
               of
               them
               ;
               and
               lastly
               ,
               the
               end
               ,
               scope
               ,
               and
               vse
               ,
               whereunto
               they
               tend
               ,
               and
               the
               profit
               ensuing
               by
               obseruation
               of
               the
               same
               .
            
             
               That
               first
               therefore
               the
               names
               ,
               by
               which
               in
               our
               Law
               they
               haue
               vsually
               beene
               called
               ,
               might
               bee
               made
               manifest
               before
               their
               nature
               be
               discouered
               
                 (
                 Primò
                 enim
                 de
                 nomine
                 conveniat
                 )
              
               it
               may
               with
               little
               labour
               easily
               appeare
               ,
               that
               sundry
               are
               the
               titles
               or
               names
               giuen
               in
               the
               volumes
               of
               Reports
               and
               other
               writings
               of
               the
               Law
               ,
               vnto
               such
               propositions
               as
               doe
               remaine
               as
               reasons
               of
               resolued
               cases
               .
            
             
             
               Sometimes
               they
               haue
               beene
               called
               Grounds
               ,
               See
               
               in
               the
               30.
               
               Hen.
               8.
               44.
               
                 b.
                 Dyer
                 numero
              
               30.
               it
               is
               said
               ,
               
                 Est
                 une
                 auter
                 Grounde
                 in
                 tenure
                 in
                 Chief
                 .
                 S.
                 Il.
                 do
                 et
                 este
                 immediate
                 del
                 Roy
                 ;
                 et
                 il
                 convient
                 comencer
                 ,
                 et
                 prend
                 son
                 original
                 creation
                 per
                 le
                 Roy
                 mesme
                 ,
                 et
                 per
                 nul
                 de
                 ses
                 subiects
                 .
              
               So
               likewise
               speakes
               Rede
               .
               5.
               
               Hen.
               7.
               23.
               
                 b.
                 Est
                 bone
                 Ground
                 in
                 Trespas
                 ,
                 Discontinuance
              
               
               
                 vers
                 un
                 est
                 Discontinuance
                 vers
                 touts
                 ,
              
               with
               infinite
               such
               other
               .
            
             
               Sometime
               they
               haue
               beene
               called
               Maximes
               ;
               for
               
               so
               saith
               Fortescue
               in
               34
               ,
               Hen.
               6.
               33.
               
                 a.
                 Est
                 un
                 Maxime
                 en
                 nostre
                 Ley
                 ,
                 Que
                 in
                 chacun
                 action
                 personal
                 ,
                 le
                 Non-sute
                 del
                 an
                 sera
                 le
                 Nonsutte
                 de
                 ambidoux
                 ,
                 fore
                 prise
                 in
                 tiels
                 cases
                 que
                 sont
                 except
                 per
                 statut
                 .
              
               Likewise
               saith
               Knightley
               19.
               
               Hen.
               8.
               38.
               
                 a.
                 Dyer
                 numero
              
               51.
               
               
                 Est
                 un
                 Maxime
                 ,
                 Que
                 un
                 action
                 sera
                 touts
                 foits
                 conceiue
                 ou
                 le
                 plus
                 meliour
                 trial
                 ,
                 et
                 notice
                 del
                 fait
                 poit
                 este
                 conus
                 ;
                 et
                 specialment
                 lou
                 de
                 tort
                 est
                 personal
                 ,
              
               with
               diuers
               such
               like
               .
            
             
               Sometimes
               they
               are
               called
               Principles
               ,
               for
               so
               in
               the
               
               8.
               
               Hen.
               74.
               a.
               it
               is
               said
               ,
               that
               it
               is
               
                 un
                 Common
                 Principle
                 ,
                 que
                 Terre
                 (
                 S.
                 Estate
                 de
                 frank
                 tenant
                 )
                 ne
                 pas
                 sans
                 Livery
                 de
                 seisni
                 .
              
               Likewise
               saith
               Sanders
               in
               the
               
                 Com.
                 Colthurets
                 Case
              
               28.
               
                 b.
                 Il
                 ad
                 este
                 temis
                 come
                 Principle
                 ,
              
               
               
                 Que
                 quand
                 un
                 fait
                 Livery
                 de
                 seisni
                 que
                 son
                 Livery
              
               
               
                 sera
                 pris
                 plus
                 fortment
                 vers
                 luy
                 .
              
            
             
               Somtimes
               they
               haue
               beene
               called
               Eruditions
               .
               In
               
               such
               sort
               saith
               Keble
               ,
               in
               11.
               
               Hen.
               7.
               15.
               
                 a.
                 Ceo
                 ad
                 este
                 un
                 erudition
                 ,
                 Que
                 le
                 partie
                 navera
                 Capias
                 ad
                 satisfaciendum
                 ,
                 mes
                 ou
                 Capias
                 gift
                 in
                 l'original
                 .
              
               And
               some
               in
               29.
               
               Hen.
               8.
               40.
               
                 a.
                 Dyer
                 numero
              
               66.
               saith
               ,
               Iustices
               
               
                 Il
                 est
                 une
                 Common
                 Erudition
                 ,
                 Que
                 in
                 cel
                 Countie
                 lou
                 
                 le
                 tort
                 commence
                 ,
                 l'action
                 sera
                 porte
                 .
              
            
             
               Moreouer
               ,
               sometimes
               for
               their
               firmenesse
               they
               
               haue
               beene
               called
               
                 Lawes
                 Positiue
              
               ,
               for
               so
               speaketh
               Belknap
               .
               2.
               
               Rich.
               2.
               
               
                 Fitzh
                 .
                 Accompt
              
               45.
               
               
                 Il
                 est
                 ley
                 positive
                 ,
                 Que
                 home
                 navera
                 damages
                 in
                 breve
                 d'accompt
                 .
              
            
             
               Sometimes
               they
               are
               inuested
               by
               the
               title
               of
               Law
               it
               
               selfe
               ;
               for
               in
               such
               manner
               it
               is
               said
               
                 Tempore
                 Ed.
              
               1.
               
               
                 Fitzh
                 .
                 Grant.
              
               41.
               
               
                 Lex
                 est
                 ,
                 cuicunque
                 aliquis
                 quid
                 concedit
                 ,
                 concedere
                 videtur
                 ,
                 &
                 id
                 sine
                 quo
                 res
                 esse
                 non
                 potuit
                 .
              
               And
               so
               Bracton
               saith
               ,
               9.
               
               Hen.
               6.
               59.
               
                 b.
                 lay
                 prise
                 pur
                 ley
                 ,
                 Que
                 si
                 home
                 plede
                 un
                 plee
                 et
                 preigne
                 un
                 protestation
              
               ;
               
               
                 et
                 puis
                 son
                 plee
                 est
                 troue
                 encounter
                 lay
                 ,
                 il
                 naver
                 unque
                 advantage
                 de
                 son
                 protestation
                 .
              
               Of
               which
               manner
               speeche
               there
               are
               manifold
               examples
               .
            
             
               So
               that
               be
               they
               named
               
                 Grounds
                 ,
                 Maximes
                 ,
                 Principles
                 ,
                 Eruditions
                 ,
                 Lawes
                 Positiue
                 ,
                 Lawes
                 ,
                 Rules
              
               or
               Propositions
               ,
               or
               by
               whatsoeuer
               other
               name
               they
               bee
               called
               ,
               let
               vs
               now
               seeke
               the
               nature
               of
               them
               by
               their
               Definitions
               .
            
             
               Paulus
               the
               ancient
               Romane
               Lawyer
               thus
               defines
               a
               Principle
               or
               Rule
               of
               law
               :
               
                 Regula
                 Iuris
                 ,
                 rem
                 quae
                 est
                 ,
              
               
               
                 breviter
                 enarrat
                 .
                 &c.
              
               
            
             
               If
               we
               doe
               respect
               the
               originall
               thereof
               together
               
               with
               the
               effect
               it
               yeeldeth
               ;
               Morgan
               in
               the
               Commentaries
               of
               Plowden
               ,
               thus
               defineth
               it
               :
               A
               maxime
               is
               the
               foundation
               of
               Law
               ,
               and
               the
               conclusion
               of
               Reason
               :
               for
               Reason
               is
               the
               efficient
               cause
               thereof
               ,
               and
               Law
               is
               the
               effect
               that
               floweth
               therefrom
               .
            
             
               Such
               of
               the
               Civilians
               as
               in
               the
               description
               of
               a
               Rule
               of
               Law
               ,
               Doe
               onely
               respect
               the
               manner
               of
               the
               Collecting
               of
               them
               ,
               from
               particular
               cases
               or
               circumstances
               
               doe
               thus
               affirme
               :
               
                 Regula
                 Iuris
                 est
                 multorum
              
               
               
                 specialium
                 per
                 generalem
                 conclusionem
                 brevis
                 comprehensio
                 .
              
               Or
               as
               
                 Ioachimus
                 Hopperus
              
               in
               his
               first
               
               booke
               
                 de
                 Iuris
                 arte
              
               ,
               though
               disagreeing
               in
               words
               ,
               yet
               one
               in
               the
               sense
               with
               the
               former
               ;
               
                 Regulae
                 Iuris
                 sunt
                 quaedam
                 coniectiones
                 tantum
                 ,
                 &
                 breviaria
                 ex
                 pluribus
                 speciebus
                 in
                 unum
                 per
                 commune
                 aliquod
                 collecta
                 .
              
               Another
               of
               them
               in
               this
               manner
               ,
               
                 Regula
                 est
                 sententia
              
               
               
                 generalis
                 ,
                 quae
                 ex
                 plurium
                 legum
                 mente
                 à
                 Iuris
                 consultis
                 notata
                 atque
                 animadversa
                 ,
                 paucis
                 verbis
                 summam
                 earum
                 consentionem
                 &
                 tanquam
                 harmoniam
                 complectitur
                 .
              
            
             
               
                 Matheus
                 Gribaldus
              
               in
               his
               first
               booke
               
                 de
                 ratione
              
               
               
                 studij
                 cap.
              
               7
               saith
               ,
               
                 Regulae
                 Iuris
                 nihil
                 aliud
                 sunt
                 quàm
                 breves
                 &
                 compendiosae
                 sententiae
                 ex
                 pervagatis
                 definitionibus
                 perstrictae
                 ,
                 quò
                 &
                 minori
                 labore
                 discantur
                 ,
                 &
                 faciliùs
                 diutiúsque
                 memoria
                 teneantur
                 .
              
            
             
               
                 Notes
                 collected
                 out
                 of
                 Authors
                 .
              
               
                 
                   Regula
                   Iuris
                   est
                   plurium
                   conpendiosa
                   narratio
                   ,
                   &
                
                 
                 
                   quasi
                   causae
                   coniectio
                
                 .
              
               
                 
                   Nec
                   absimile
                   est
                   quod
                   Grammatici
                   dicunt
                   ,
                   eam
                   esse
                   multorum
                   similium
                   collectionem
                   .
                
              
               
                 
                   In
                   summa
                   autem
                   est
                   ,
                   ac
                   si
                   quis
                   ,
                   praedictis
                   cum
                   verbis
                
                 
                 
                   Archid.
                   dist
                
                 .
                 3.
                 
                   c.
                   Reg.
                   coniunctis
                   ,
                   ita
                   diceret
                   ,
                   quod
                   Regula
                   sit
                   compendiosa
                   definitio
                   ;
                   seu
                   cum
                   Quintiliano
                   universale
                   ,
                   vel
                   perpetule
                   praeceptum
                   diversarum
                   rerum
                   ,
                   quasi
                   sub
                   unâ
                   eadémque
                   causâ
                   cadentium
                   ,
                   universitatem
                   complectens
                   .
                
              
               
               
                 
                   Est
                   Regulanihil
                   aliud
                   quàm
                   plurium
                   rerum
                   &
                   specierum
                
                 
                 
                   in
                   unam
                   quasi
                   summam
                   coniectio
                
                 .
              
               
                 But
                 binding
                 our selues
                 to
                 no
                 prescript
                 rules
                 of
                 Art
                 ,
                 for
                 the
                 better
                 vnderstanding
                 of
                 the
                 same
                 ,
                 we
                 may
                 describe
                 a
                 Rule
                 or
                 Ground
                 of
                 Law
                 thus
                 :
                 A
                 Ground
                 ,
                 
                 Rule
                 ,
                 or
                 Principle
                 ,
                 of
                 the
                 Law
                 of
                 England
                 is
                 a
                 conclusion
                 either
                 of
                 the
                 Law
                 of
                 Nature
                 ,
                 or
                 deriued
                 from
                 some
                 generall
                 Custome
                 vsed
                 within
                 the
                 Realme
                 ,
                 conteyning
                 in
                 a
                 short
                 Summe
                 ,
                 the
                 reason
                 and
                 direction
                 of
                 many
                 particular
                 and
                 speciall
                 occurrences
                 .
              
               
                 As
                 touching
                 the
                 diuision
                 thereof
                 ,
                 wee
                 shall
                 better
                 
                 obserue
                 how
                 many
                 Principles
                 and
                 Grounds
                 there
                 be
                 ,
                 by
                 the
                 due
                 consideration
                 of
                 their
                 causes
                 from
                 whence
                 they
                 spring
                 .
              
               
                 
                   Non
                   solùm
                   ea
                   quae
                   insita
                   sunt
                   causae
                   dicuntur
                   ,
                   sed
                
                 
                 
                   etiam
                   ea
                   quae
                   extrinsecus
                   sumuntur
                   :
                   ut
                   id
                   quod
                   motum
                   affert
                   &
                   efficiens
                   est
                   .
                
              
               
                 
                   Causarum
                   quatuor
                   sunt
                   genera
                
                 .
                 
              
               
                 1
                 
                   Vnum
                   est
                   forma
                   atque
                   essentia
                   rei
                   .
                
              
               
                 2
                 
                   Alterum
                   est
                   in
                   quo
                   inest
                   necessitudo
                   non
                   absoluta
                   ,
                   sed
                   ex
                   adiunctione
                   ;
                   si
                   alia
                   quaedam
                   sint
                   ,
                   haec
                   esse
                   necesse
                   est
                   .
                
              
               
                 3
                 
                   Tertium
                   genus
                   est
                   id
                   in
                   quo
                   inest
                   rei
                   efficiendae
                   vis
                   primaria
                   .
                
              
               
                 4
                 
                   Quartum
                   est
                   finis
                   cuius
                   causâ
                   aliquid
                   fit
                   .
                
              
               
                 
                   Nam
                   ad
                   interrogationem
                   factam
                   per
                   verba
                   ,
                   propter
                
                 
                 
                   quid
                   fit
                   aliquid
                   ,
                   nihil
                   aliud
                   unquam
                   respondetur
                   ,
                   quam
                   aliqua
                   exdictis
                   quatuor
                   causis
                   :
                   Inter
                   quas
                   tamen
                   ,
                   finis
                   est
                   potisstma
                   ,
                   &
                   quasi
                   aliarum
                   causa
                   :
                   Materia
                   enim
                   non
                   esset
                   causa
                   ,
                   nisi
                   haberet
                   formam
                   ;
                   &
                   forma
                   itidem
                   nisi
                   ab
                   agente
                   introduceretur
                   ;
                   Agens
                   quoque
                   nen
                   ageret
                   nisi
                   moveretur
                   à
                   fine
                   ;
                   finis
                   autem
                   ipse
                   
                   immobilis
                   permanet
                   :
                   Est
                   ergo
                   primum
                   movens
                   ,
                   &
                   prima
                   causa
                   ,
                   &c.
                   
                
              
               
                 
                   All
                   causes
                   of
                   euery
                   thing
                   are
                   either
                
              
               
                 
                   Internall
                   or
                   Externall
                   .
                
              
               
                 
                   Internall
                   are
                   the
                   causes
                
              
               
                 
                   Materiall
                
              
               
                 
                   Formall
                   .
                
              
               
                 
                   The
                   externall
                   causes
                   are
                   the
                
              
               
                 
                   Efficient
                
              
               
                 
                   Finall
                   .
                
              
               
                 As
                 touching
                 the
                 Materiall
                 cause
                 ,
                 matter
                 ,
                 or
                 subiect
                 
                 wherein
                 these
                 grounds
                 are
                 conversant
                 ,
                 the
                 same
                 are
                 all
                 those
                 things
                 ,
                 whereof
                 debate
                 may
                 rise
                 betweene
                 parties
                 iudicially
                 :
                 which
                 are
                 as
                 well
                 diuine
                 as
                 humane
                 .
                 Insomuch
                 as
                 
                   Iuris
                   prudentia
                
                 ,
                 or
                 the
                 knowledge
                 of
                 the
                 Law
                 ,
                 is
                 
                   Divinarum
                   humanarúmque
                
                 
                 
                   rerum
                   scientia
                
                 .
                 And
                 hence
                 proceedeth
                 it
                 ,
                 that
                 all
                 Grounds
                 or
                 Rules
                 of
                 the
                 Law
                 of
                 England
                 in
                 respect
                 of
                 their
                 matter
                 which
                 they
                 doe
                 concerne
                 ,
                 are
                 either
                 such
                 as
                 are
                 not
                 restrained
                 to
                 any
                 one
                 proper
                 or
                 peculiar
                 title
                 of
                 the
                 Law
                 ,
                 but
                 as
                 occasion
                 serueth
                 ,
                 are
                 appliable
                 vnto
                 euery
                 part
                 ,
                 title
                 ,
                 or
                 tractate
                 of
                 the
                 Law
                 ,
                 as
                 by
                 the
                 view
                 and
                 due
                 consideration
                 of
                 examples
                 following
                 may
                 be
                 made
                 manifest
                 ;
                 All
                 which
                 ,
                 being
                 either
                 conclusions
                 of
                 Naturall
                 reason
                 ,
                 or
                 drawne
                 and
                 deriued
                 from
                 the
                 same
                 ,
                 do
                 not
                 onely
                 serue
                 as
                 directions
                 and
                 Principles
                 of
                 the
                 Law
                 ,
                 but
                 are
                 likewise
                 as
                 Positions
                 and
                 Axiomes
                 to
                 be
                 obserued
                 throughout
                 all
                 mans
                 life
                 and
                 conuersation
                 ;
                 hauing
                 their
                 originall
                 from
                 those
                 Arts
                 that
                 are
                 necessary
                 and
                 behoofull
                 for
                 maintenance
                 of
                 humane
                 societie
                 .
              
               
                 And
                 first
                 of
                 all
                 concerning
                 the
                 Art
                 of
                 Logicke
                 ;
                 
                 from
                 thence
                 the
                 learned
                 of
                 our
                 Lawes
                 haue
                 receiued
                 
                 many
                 Principles
                 ,
                 as
                 well
                 out
                 of
                 that
                 part
                 which
                 concerneth
                 the
                 Inuention
                 of
                 Arguments
                 ,
                 as
                 of
                 that
                 which
                 teacheth
                 the
                 disposing
                 ,
                 framing
                 and
                 the
                 Iudgement
                 of
                 the
                 same
                 .
              
            
             
               
                 From
                 the
                 first
                 part
                 these
                 may
                 serue
                 for
                 example
                 .
              
               
                 
                   Idem
                   non
                   potest
                   esse
                   Agens
                   &
                   Patiens
                   .
                
                 
              
               
                 
                   Omne
                   maius
                   continet
                   in
                   se
                   minus
                   .
                
              
               
                 
                   Magis
                   dignum
                   trahit
                   ad
                   se
                   minus
                   dignum
                   .
                
              
               
                 
                   In
                   praesentia
                   maioris
                   cessat
                   minus
                
                 .
              
               
                 
                   Frustra
                   fit
                   per
                   plura
                   quod
                   fieri
                   potest
                   per
                   pauciora
                   .
                
                 
              
               
                 
                   Turpis
                   est
                   pars
                   quae
                   cum
                   toto
                   non
                   convenit
                   .
                
                 With
                 
                 many
                 such
                 like
                 ,
                 &c.
                 
              
            
             
               
                 From
                 the
                 Iudiciall
                 parts
                 of
                 Logicke
                 ,
                 these
                 and
                 diuers
                 others
                 .
              
               
                 
                   Qui
                   negat
                   confusè
                   ,
                   negat
                   confusè
                   &
                   distributivè
                   .
                
                 
              
               
                 But
                 how
                 that
                 saying
                 may
                 be
                 vnderstood
                 ,
                 and
                 in
                 what
                 sense
                 it
                 may
                 be
                 intended
                 true
                 ,
                 and
                 in
                 what
                 not
                 ,
                 peruse
                 the
                 case
                 of
                 4.
                 
                 Hen.
                 7.
                 8.
                 a.
                 touching
                 the
                 travers
                 of
                 a
                 suggestion
                 of
                 breach
                 of
                 the
                 peace
                 :
                 (
                 where
                 although
                 the
                 said
                 Rule
                 be
                 not
                 mentioned
                 ,
                 yet
                 the
                 meaning
                 thereof
                 ,
                 by
                 the
                 case
                 there
                 debated
                 is
                 partly
                 made
                 manifest
                 )
                 Moreouer
                 Brian
                 borroweth
                 the
                 Sophisters
                 verse
                 ,
                 and
                 maketh
                 it
                 a
                 Ground
                 to
                 try
                 whether
                 an
                 issue
                 tendered
                 be
                 an
                 expresse
                 Negatiue
                 or
                 no
                 ,
                 in
                 11.
                 
                 Hen.
                 7.
                 23.
                 a.
                 
              
               
                 
                   Prae
                   contradic
                   .
                   post
                   contrar
                   .
                   Prae
                   postque
                   Subalter
                   .
                
              
               
                 This
                 likewise
                 is
                 deriued
                 thence
                 ,
                 
                   Negativum
                   nihil
                   implicat
                
                 .
              
            
             
               
               
                 Out
                 of
                 naturall
                 Philosophie
                 these
                 with
                 diuers
                 other
                 are
                 deducted
                 ,
                 that
                 follow
                 .
              
               
                 
                   VIS
                   vnita
                   sortior
                
                 .
                 
              
               
                 
                   Est
                   naturae
                   vis
                   maxima
                
                 .
              
               
                 
                   Vltra
                   posse
                   non
                   est
                   esse
                
                 .
                 
              
               
                 
                   Sublata
                   Causa
                   tollitur
                   effectus
                
                 .
              
               
                 
                   Vltra
                   scire
                   non
                   est
                   esse
                
                 with
                 many
                 other
                 of
                 like
                 quallitie
                 .
              
            
             
               
                 Out
                 of
                 Morall
                 Pihlosophie
                 .
              
               
                 FRom
                 whence
                 ,
                 as
                 from
                 a
                 Fountaine
                 ,
                 all
                 Lawes
                 
                 doe
                 flow
                 ,
                 we
                 doe
                 obserue
                 these
                 few
                 following
                 for
                 an
                 example
                 ;
                 As
              
               
                 
                   Qui
                   sentit
                   Commodum
                   ,
                   sentire
                   debet
                   &
                   onus
                   .
                
                 
              
               
                 
                   Volenti
                   non
                   fit
                   Iniuria
                
                 .
              
               
                 
                   Sic
                   vtere
                   tuo
                   vt
                   alienum
                   non
                   laedas
                   .
                
              
               
                 
                   Fraus
                   &
                   dolus
                   nemini
                   patrocinantur
                
                 .
              
               
                 
                   Agentes
                   &
                   Consentientes
                   pari
                   poena
                   plectuntur
                   .
                
              
               
                 
                   Summum
                   Ius
                   Summa
                   Iniuria
                
                 .
              
               
                 
                   Vix
                   vlla
                   Lex
                   fieri
                   potest
                   quae
                   omnibus
                   commoda
                   sit
                   :
                   sed
                   si
                   maiori
                   parti
                   prospiciat
                   ,
                   vtilis
                   est
                   .
                
              
               
                 
                   A
                   vero
                   non
                   declinabit
                   Iustus
                
                 .
                 
              
               
                 
                   Quod
                   tibi
                   fieri
                   non
                   vis
                   ,
                   alterine
                   feceris
                   ,
                
                 with
                 many
                 more
                 such
                 like
                 .
              
            
             
               
               
                 Out
                 of
                 the
                 Ciuill
                 Lawes
                 there
                 are
                 also
                 very
                 many
                 Axiomes
                 and
                 Rules
                 .
              
               
                 VVHich
                 are
                 likewise
                 borrowed
                 and
                 
                 vsually
                 frequented
                 in
                 our
                 Law.
                 For
                 sith
                 all
                 Lawes
                 are
                 deriued
                 from
                 the
                 Law
                 of
                 Nature
                 ,
                 and
                 do
                 concurre
                 and
                 agree
                 in
                 the
                 principles
                 of
                 Nature
                 and
                 Reason
                 :
                 And
                 sith
                 the
                 Ciuill
                 Lawes
                 ,
                 being
                 the
                 Lawes
                 of
                 the
                 Empire
                 ,
                 doe
                 bewray
                 the
                 great
                 wisdome
                 whereby
                 the
                 Romane
                 estate
                 ,
                 in
                 the
                 time
                 it
                 most
                 flourished
                 ,
                 was
                 gouerned
                 :
                 Sith
                 likewise
                 the
                 Law
                 of
                 this
                 Land
                 hath
                 alwaies
                 followed
                 best
                 and
                 most
                 approued
                 Reason
                 (
                 which
                 is
                 also
                 a
                 type
                 of
                 humane
                 wisdome
                 )
                 it
                 doth
                 ensue
                 of
                 necessitie
                 ,
                 that
                 great
                 Conformitie
                 must
                 be
                 betweene
                 them
                 .
                 Which
                 Conformitie
                 may
                 be
                 made
                 apparent
                 partly
                 by
                 these
                 (
                 amonge
                 some
                 thousand
                 Axiomes
                 and
                 Conclusions
                 of
                 Reason
                 )
                 following
                 .
              
               
                 
                   Qui
                   tacet
                   consentire
                   videtur
                
                 .
              
               
                 
                   Vigilantibus
                   &
                   non
                   dormientibus
                   Iura
                   subueniunt
                   .
                
                 
              
               
                 
                   Quod
                   initio
                   non
                   valet
                   ,
                   tractu
                   temporis
                   non
                   Convalescit
                   .
                
              
               
                 
                   Quando
                   duo
                   Iura
                   in
                   vno
                   Concurrunt
                   ,
                   aequum
                   est
                
                 
                 
                   ac
                   si
                   esset
                   in
                   duabus
                
                 .
              
               
                 
                   In
                   aequali
                   iure
                   ,
                   mclior
                   est
                   Conditio
                   possidentis
                   .
                
                 
              
               
                 
                   Optima
                   Legum
                   Interpres
                   est
                   Consuetudo
                
                 .
                 
              
               
                 
                   Frustra
                   Legis
                   auxilium
                   petet
                   ,
                   qui
                   in
                   Legem
                   peccat
                   .
                
              
               
                 
                   Ignorantia
                   facti
                   excusat
                
                 .
                 14
                 Hen.
                 8.
                 27.
                 b.
                 
              
               
                 
                   Modus
                   Legem
                   dat
                   donationi
                
                 .
                 
              
               
               
                 
                   Non
                   est
                   regula
                   quin
                   fallat
                
                 .
                 
              
               
                 
                   Modus
                   &
                   Connentio
                   vincunt
                   Legem
                
                 .
              
               
                 With
                 others
                 in
                 manner
                 infinite
                 ,
                 written
                 and
                 published
                 in
                 the
                 Latine
                 tongue
                 .
              
               
                 In
                 the
                 French
                 also
                 many
                 other
                 grounds
                 there
                 are
                 in
                 our
                 Law
                 ,
                 to
                 befound
                 agreeable
                 in
                 sense
                 and
                 meaning
                 to
                 such
                 as
                 are
                 frequent
                 and
                 vsuall
                 in
                 the
                 Ciuill
                 Lawes
                 ,
                 and
                 there
                 published
                 in
                 the
                 Latin-tongue
                 ,
                 wherof
                 also
                 these
                 following
                 may
                 serue
                 for
                 example
                 .
              
               
                 
                   Nul
                   prendra
                   benefit
                   de
                   sontort
                   demesne
                   .
                
                 
              
               
                 
                   Nemo
                   ex
                   dolo
                   suo
                   proprio
                   releuetur
                   aut
                   auxilium
                   capiet
                   .
                
              
               
                 
                   Homo
                   ne
                   sera
                   double
                   charge
                   pro
                   vne
                   mesme
                   duetie
                   .
                
              
               
                 
                   Bona
                   fides
                   non
                   patitur
                   idem
                   ab
                   eodem
                   bis
                   exigi
                   .
                
              
               
                 
                   Auxy
                   moult
                   aucthorities
                   &
                   voies
                   que
                   home
                   ad
                   a
                   faire
                   vn
                   fait
                   auxy
                   mult
                   auctorities
                   &
                   voies
                   ad
                   cesty
                   a
                   qui
                   le
                   fait
                   est
                   fait
                   a
                   ceo
                   dessoluer
                   .
                
                 1.
                 
                 Hen.
                 7.
                 16.
                 a.
                 
              
               
                 
                   Nihil
                   est
                   magis
                   Rationi
                   consentaneum
                   quam
                   eodem
                
                 
                 
                   modo
                   vnum
                   quodque
                   dissoluere
                   quo
                   constatum
                   est
                   .
                
              
               
                 
                   Le
                   Common
                   welth
                   sera
                   prefer
                   deuant
                   priuate
                   wealth
                   .
                
              
               
                 
                   Vttlitas
                   Publica
                   priuatorum
                   Commodis
                   ante-ferenda
                   .
                   L
                   :
                
                 1.
                 
                 §
                 .
                 
                   fin
                   .
                   &
                   cap.
                   col
                
                 .
              
               
                 
                   Le
                   ley
                   in
                   cheseun
                   act
                   ad
                   respect
                   al
                   comencement
                   :
                
                 
              
               
                 
                   Origo
                   rerum
                   attendenda
                
                 .
              
               
                 
                   Imagination
                   de
                   mente
                   de
                   faire
                   tort
                   ,
                   sans
                   de
                   Act
                
                 
                 
                   sait
                   ,
                   nest
                   punishable
                   in
                   nostre
                   Leg.
                   
                
              
               
                 
                   Affectus
                   non
                   punitur
                   nisi
                   sequatur
                   effectus
                   .
                   Prateus
                
                 
                 Lib.
                 3.
                 c.
                 4.
                 
              
               
                 
                   Intent
                   direct
                   done
                   plus
                   tost
                   quam
                   parolls
                   .
                
              
               
                 
                   Proferent
                   is
                   intentio
                   &
                   voluntas
                   magis
                   quam
                   verborum
                   locutio
                   examinetur
                   .
                   Prateus
                   lib.
                
                 3.
                 cap.
                 3.
                 
              
               
               
                 
                   Quant
                   diuers
                   choses
                   sont
                   fait
                   a
                   vn
                   mesme
                   instant
                   ,
                
                 
                 
                   &
                   lune
                   ne
                   poet
                   prender
                   effect
                   sans
                   l'auter
                   ;
                   le
                   common
                   ley
                   adiudger
                   ceo
                   depreceder
                   &
                   ensuer
                   ,
                   que
                   aptment
                   :
                   do
                   et
                   preceder
                   &
                   ensuer
                   in
                   feasant
                   l'intent
                   des
                   parties
                   deprender
                   effect
                   .
                
              
               
                 
                   Vbi
                   in
                   Instrumento
                   reperitur
                   plures
                   actus
                   successive
                   fuisse
                   celebratos
                   ,
                   semper
                   fingitur
                   ille
                   actus
                   praecessisse
                   qui
                   reddit
                   actum
                   validum
                   .
                   Nicholai
                   Euerard
                   Topica
                   Iuris
                   loco
                
                 1.
                 
              
               
                 
                   Non
                   attento
                   ordine
                   verborum
                   ,
                   talis
                   ordo
                   presumitur
                   qualis
                   debet
                   esse
                   .
                
              
               
                 With
                 many
                 others
                 to
                 like
                 purpose
                 ,
                 if
                 place
                 did
                 permit
                 or
                 cause
                 did
                 require
                 to
                 obserue
                 the
                 same
                 :
                 Yea
                 many
                 times
                 when
                 as
                 no
                 ground
                 or
                 Rule
                 is
                 expressed
                 in
                 our
                 Law
                 ,
                 but
                 that
                 we
                 may
                 onely
                 Collect
                 Cases
                 Concurrent
                 vpon
                 some
                 Conformitie
                 of
                 Reason
                 :
                 We
                 shall
                 finde
                 in
                 the
                 Ciuill
                 Lawes
                 a
                 Proposition
                 or
                 Rule
                 which
                 shall
                 most
                 aptly
                 and
                 most
                 fitly
                 expresse
                 the
                 same
                 Reason
                 in
                 such
                 shortnesse
                 of
                 speech
                 ,
                 as
                 nothing
                 shall
                 seeme
                 more
                 sufficient
                 in
                 that
                 respect
                 .
                 And
                 vnto
                 the
                 which
                 Propositions
                 such
                 as
                 are
                 or
                 may
                 be
                 framed
                 by
                 vs
                 in
                 the
                 French
                 ,
                 cannot
                 in
                 excellencie
                 be
                 worthily
                 Compared
                 .
              
               
                 As
                 touching
                 the
                 Canon
                 Law.
                 Forasmuch
                 as
                 the
                 
                 studies
                 both
                 of
                 the
                 same
                 and
                 of
                 the
                 Ciuill
                 Law
                 ,
                 are
                 in
                 sort
                 conioyned
                 by
                 the
                 professors
                 of
                 both
                 what
                 may
                 be
                 sayd
                 of
                 the
                 one
                 ,
                 in
                 this
                 respect
                 ,
                 may
                 likewise
                 be
                 verified
                 of
                 theother
                 :
                 Which
                 aswell
                 by
                 view
                 of
                 the
                 title
                 
                   De
                   Regulis
                   Iuris
                   in
                   Sexto
                   Decretalium
                   ,
                
                 as
                 also
                 in
                 diuers
                 other
                 titles
                 of
                 the
                 same
                 Law
                 ,
                 especially
                 in
                 such
                 as
                 are
                 most
                 vsuall
                 for
                 matters
                 of
                 debate
                 in
                 this
                 
                 Realme
                 ,
                 as
                 are
                 those
                 of
                 excommunication
                 ,
                 Marriage
                 ,
                 Diuorce
                 ,
                 Legacies
                 ,
                 Tythes
                 ,
                 and
                 such
                 like
                 will
                 at
                 large
                 appeare
                 .
              
               
                 Finally
                 many
                 Grounds
                 and
                 Rules
                 of
                 the
                 Lawes
                 
                 of
                 this
                 Realme
                 are
                 deriued
                 from
                 Common
                 vse
                 ,
                 Custome
                 ,
                 and
                 Conuersation
                 amonge
                 men
                 ,
                 Collected
                 out
                 of
                 the
                 generall
                 Disposition
                 ,
                 nature
                 and
                 condition
                 of
                 humane
                 kinde
                 :
                 which
                 Grounds
                 are
                 of
                 two
                 natures
                 .
                 The
                 one
                 obserued
                 out
                 of
                 Humane
                 actions
                 ,
                 the
                 other
                 out
                 of
                 vsuall
                 and
                 ordinary
                 speech
                 .
              
               
                 
                   (
                   Principia
                   externa
                   propriè
                   vocamus
                   ea
                   quae
                   in
                   Communi
                   hominum
                   vita
                   versantur
                   &
                   ab
                   experientibus
                   &
                   prudentibus
                   animaduertuntur
                   .
                   Ioh.
                   Hopper
                   :
                   de
                   Iuris
                   arte
                   .
                
              
               
                 
                   Haec
                   non
                   tam
                   ex
                   ipsa
                   hominis
                   natura
                   quam
                   foris
                   adueniunt
                   ,
                   debent
                   que
                   non
                   ex
                   mente
                   hominis
                   aut
                   animo
                   ,
                   sed
                   ex
                   Communibus
                   vitae
                   moribus
                   longo
                   vsu
                   &
                   tractatione
                   colligi
                   .
                   Ibidem
                   Haec
                   sunt
                   igitur
                   illa
                   quae
                   dico
                   externa
                   Principia
                   ,
                   quae
                   ex
                   communibus
                   vitae
                   vsibus
                   &
                   mortbus
                   diligenter
                   in
                   historia
                   obseruatis
                   decerpuntur
                   ,
                   quae
                   que
                   non
                   tam
                   òrdine
                   describi
                   ,
                   &
                   Literts
                   mandaeri
                   ,
                   quam
                   long
                   a
                   tractatione
                   colligi
                   ,
                   &
                   per
                   manus
                   tradi
                   possunt
                   .
                   Ibidem
                   .
                
              
            
             
               
                 Of
                 the
                 first
                 sort
                 are
                 these
                 and
                 such
                 like
                 following
                 .
              
               
                 
                   Home
                   est
                   tenus
                   destre
                   procheni
                   a
                   soy
                   mesme
                   .
                
                 
              
               
                 
                   Le
                   inclination
                   de
                   touts
                   homes
                   est
                   de
                   faire
                   ou
                   parler
                   choses
                   pour
                   lour
                   gaine
                   &
                   inent
                   pour
                   lour
                   perde
                   :
                   Et
                   deceux
                   que
                   voilent
                   gabber
                   ,
                   de
                   gabber
                   pur
                   aduantage
                   .
                   
                   Est
                   le
                   propeitie
                   de
                   nature
                   de
                   preseruer
                   luy
                   mesme
                   .
                
                 
              
               
                 
                   Quant
                   home
                   est
                   partie
                   ,
                   ilne
                   poet
                   esse
                   Iudge
                   indifferent
                   a
                   luy
                   mesme
                   .
                
              
               
                 With
                 many
                 other
                 of
                 like
                 qualitie
                 ,
                 which
                 the
                 intendement
                 of
                 the
                 Law
                 deriueth
                 and
                 collecteth
                 out
                 of
                 the
                 vsuall
                 Condition
                 nature
                 ,
                 and
                 qualitie
                 of
                 things
                 vpon
                 the
                 probabilitie
                 and
                 likely-hood
                 of
                 occurrences
                 often
                 or
                 for
                 the
                 most
                 part
                 hapning
                 and
                 falling
                 out
                 .
              
               
                 Axiomes
                 or
                 Propositions
                 of
                 the
                 second
                 sort
                 ,
                 are
                 
                 drawne
                 from
                 the
                 phrase
                 of
                 speech
                 ,
                 and
                 deduced
                 from
                 the
                 ordinarie
                 manner
                 of
                 Conference
                 by
                 talke
                 among
                 men
                 most
                 vsuall
                 in
                 all
                 places
                 ,
                 As
                 are
                 the
                 Common
                 and
                 ordinarie
                 Prouerbs
                 and
                 
                   Prouerbiall
                   assertions
                
                 ,
                 and
                 such
                 like
                 ;
                 the
                 which
                 ,
                 as
                 well
                 by
                 reason
                 of
                 their
                 ordinarie
                 and
                 often
                 vse
                 in
                 talke
                 ;
                 as
                 also
                 for
                 their
                 probabilitie
                 and
                 likelihood
                 of
                 trueth
                 ,
                 haue
                 beene
                 sometime
                 vsed
                 as
                 Axiomes
                 ,
                 Principles
                 ,
                 and
                 Grounds
                 of
                 the
                 Law
                 ;
                 and
                 are
                 to
                 be
                 found
                 confirmed
                 with
                 many
                 Cases
                 ,
                 hauing
                 beene
                 vsed
                 as
                 reasons
                 in
                 the
                 same
                 :
                 Whereof
                 these
                 few
                 ensuing
                 may
                 serue
                 for
                 example
                 .
              
               
                 
                   Da
                   tua
                   dum
                   tua
                   sunt
                   ;
                   post
                   mortem
                   ,
                   tunc
                   tua
                   non
                   sunt
                   .
                
              
               
                 
                   Qui
                   ambulat
                   in
                   tenebris
                   ,
                   nescit
                   quò
                   vadit
                   .
                
                 
              
               
                 
                   Necessitas
                   non
                   habet
                   Legem
                
                 .
                 
              
               
                 
                   As
                   good
                   neuer
                   the
                   whit
                   as
                   neuer
                   the
                   better
                   .
                
                 
              
               
                 
                   Let
                   him
                   that
                   is
                   cold
                   blow
                   the
                   coale
                   .
                
                 
              
               
                 
                   One
                   to
                   beate
                   the
                   bush
                   and
                   another
                   to
                   take
                   the
                   birds
                   .
                
              
               
                 With
                 many
                 other
                 such
                 like
                 speeches
                 ,
                 which
                 although
                 they
                 are
                 of
                 small
                 moment
                 ,
                 being
                 euery
                 
                 where
                 ordinary
                 ;
                 yet
                 neuerthelesse
                 for
                 the
                 perspicuitie
                 and
                 plainenesle
                 ,
                 they
                 haue
                 heretofore
                 ,
                 at
                 some
                 times
                 ,
                 in
                 Law
                 arguments
                 beene
                 vsed
                 ,
                 and
                 fitly
                 applyed
                 in
                 debate
                 of
                 cases
                 (
                 although
                 not
                 
                   ad
                   probandum
                
                 ,
                 yet
                 
                   ad
                   illustrandum
                
                 )
                 and
                 so
                 likewise
                 may
                 at
                 any
                 time
                 hereafter
                 ,
                 vpon
                 like
                 occasion
                 offered
                 ,
                 without
                 blame
                 bee
                 frequented
                 .
              
               
                 Although
                 these
                 generall
                 Positions
                 ,
                 Maximes
                 and
                 Rules
                 proposed
                 ,
                 and
                 such
                 like
                 ,
                 cannot
                 bee
                 properly
                 reduced
                 (
                 as
                 is
                 aforesaid
                 )
                 vnder
                 any
                 one
                 peculiar
                 title
                 of
                 the
                 Law
                 extant
                 in
                 any
                 abridgement
                 ,
                 table
                 ,
                 or
                 directorie
                 ;
                 yet
                 neuerthelesse
                 may
                 they
                 be
                 brought
                 vnder
                 generall
                 titles
                 or
                 common
                 places
                 ,
                 to
                 bee
                 framed
                 of
                 purpose
                 ,
                 As
                 hereafter
                 in
                 place
                 more
                 convenient
                 shall
                 be
                 declared
                 .
              
               
                 
                   And
                   thus
                   much
                   therefore
                   of
                   generall
                   Grounds
                   or
                   Maximes
                   .
                
              
               
                 Now
                 followeth
                 to
                 speake
                 of
                 such
                 as
                 are
                 to
                 bee
                 reduced
                 
                 vnder
                 one
                 particular
                 title
                 ,
                 tractate
                 or
                 matter
                 of
                 the
                 Law
                 ,
                 seruing
                 to
                 no
                 other
                 vse
                 ,
                 but
                 onely
                 doe
                 concerne
                 the
                 said
                 speciall
                 matter
                 ,
                 and
                 cannot
                 bee
                 transferred
                 thence
                 ,
                 neither
                 may
                 properly
                 serue
                 any
                 other
                 then
                 their
                 natiue
                 place
                 ,
                 vnto
                 the
                 which
                 they
                 are
                 wholly
                 and
                 alonely
                 to
                 bee
                 referred
                 :
                 As
                 for
                 example
                 .
              
            
             
               
                 Vnder
                 Grantes
                 these
                 .
              
               
                 
                   Quandoaliquis
                   quid
                   concedit
                   ,
                   &
                   id
                   etiam
                   concedere
                
                 
                 
                   videtur
                   ,
                   sine
                   quo
                   res
                   concessa
                   esse
                   non
                   potest
                   .
                
              
               
                 
                   Grant
                   sera
                   prise
                   plus
                   fort
                   vers
                   le
                   Grauntour
                   &c.
                   
                
              
            
             
               
               
                 Vnder
                 Contracts
                 these
                 and
                 such
                 like
                 .
              
               
                 
                   Ex
                   nudo
                   pactonon
                   oritur
                   acti
                   .
                   Com.
                   5.
                   a.
                   Com.
                   302.
                   a.
                   Com.
                   305.
                   a.
                   Com.
                   321.
                   a.
                   
                
              
               
                 
                   Contract
                   ne
                   poit
                   estre
                   ,
                   si
                   ne
                   soit
                   que
                   chescum
                   partie
                
                 
                 
                   soit
                   agree
                
                 .
              
            
             
               
                 Vnder
                 Prerogatiue
                 these
                 and
                 such
                 others
                 .
              
               
                 
                   Nuslum
                   tempus
                   occurrit
                   Regi
                   .
                   Com.
                   243.
                   a.
                   261.
                   a.
                   321.
                   a.
                   
                
              
               
                 
                   Le
                   Roy
                   ad
                   auxy
                   un
                   Prerogatiue
                   en
                   le
                   forme
                   de
                   brefs
                
                 
                 
                   port
                   per
                   luy
                   ,
                   different
                   de
                   Ceaux
                   que
                   common
                   person
                   ad
                   ,
                   &c.
                   
                
              
            
             
               
                 Vnder
                 Deeds
                 these
                 .
              
               
                 
                   Fiunt
                   al
                   aliquando
                   Donationes
                   in
                   scriptis
                   ,
                   sicut
                   in
                
                 
                 
                   chartis
                   ,
                   ad
                   perpetuam
                   memoriam
                   ,
                   propter
                   brevem
                   hominum
                   vitam
                   &
                   ut
                   faciliùs
                   probari
                   posit
                   Donatio
                   .
                
              
               
                 
                   Choses
                   incident
                   que
                   per
                   leur
                   mesme
                   ne
                   potent
                   estre
                   grant
                   sans
                   fatt
                   ,
                   uncors
                   ils
                   passeroni
                   oue
                   le
                   principal
                   a
                   qui
                   sont
                   incident
                   sans
                   fait
                   .
                
                 With
                 diuers
                 other
                 in
                 euery
                 title
                 of
                 the
                 Law
                 of
                 like
                 effect
                 .
              
               
                 These
                 speciall
                 Grounds
                 are
                 of
                 diuers
                 sorts
                 :
                 for
                 
                 some
                 concerne
                 the
                 very
                 nature
                 and
                 essence
                 of
                 the
                 title
                 :
                 some
                 the
                 consequents
                 and
                 incidents
                 annexed
                 thereunto
                 .
                 Those
                 which
                 doe
                 concerne
                 the
                 nature
                 of
                 the
                 thing
                 ,
                 doe
                 flow
                 from
                 some
                 of
                 the
                 causes
                 thereof
                 ,
                 as
                 the
                 Materiall
                 ,
                 the
                 Formall
                 ,
                 the
                 Efficient
                 ,
                 or
                 
                 the
                 Finall
                 .
                 Some
                 from
                 the
                 generall
                 notion
                 ;
                 others
                 from
                 the
                 speciall
                 difference
                 ;
                 and
                 some
                 doe
                 proceede
                 from
                 the
                 effect
                 .
                 Those
                 which
                 doe
                 proceed
                 of
                 the
                 consequents
                 ,
                 concerne
                 either
                 the
                 Incidents
                 inherent
                 and
                 inseparable
                 ,
                 or
                 the
                 adiuncts
                 and
                 such
                 like
                 .
              
               
                 Which
                 Grounds
                 so
                 drawne
                 ,
                 if
                 they
                 bee
                 orderly
                 disposed
                 with
                 all
                 their
                 subdiuisions
                 ,
                 and
                 particular
                 Rules
                 ,
                 and
                 the
                 same
                 furnished
                 with
                 apt
                 cases
                 ,
                 will
                 make
                 a
                 perfect
                 and
                 exact
                 treatise
                 of
                 such
                 matter
                 as
                 concerneth
                 that
                 title
                 ,
                 resembling
                 those
                 treatises
                 compiled
                 ,
                 by
                 
                   Littleton
                   ,
                   Parkins
                   ,
                   Stanford
                
                 of
                 the
                 Plees
                 of
                 the
                 Crowne
                 ,
                 and
                 others
                 of
                 like
                 forme
                 .
              
               
                 But
                 in
                 this
                 place
                 not
                 intending
                 to
                 combine
                 any
                 
                 such
                 Grounds
                 as
                 doe
                 concerne
                 one
                 title
                 or
                 matter
                 ,
                 or
                 thereof
                 to
                 endeauour
                 to
                 draw
                 a
                 type
                 of
                 any
                 perfect
                 treatise
                 ,
                 it
                 shall
                 be
                 sufficient
                 at
                 this
                 present
                 ,
                 for
                 example
                 only
                 ,
                 to
                 expresse
                 that
                 which
                 is
                 here
                 meant
                 ,
                 by
                 the
                 disposing
                 of
                 some
                 few
                 Grounds
                 of
                 the
                 title
                 of
                 Arbitrement
                 ,
                 according
                 to
                 the
                 obseruation
                 aboue
                 mentioned
                 ,
                 that
                 thereby
                 might
                 be
                 conceiued
                 ,
                 how
                 such
                 like
                 Grounds
                 concerning
                 one
                 title
                 or
                 matter
                 do
                 flow
                 from
                 the
                 causes
                 and
                 consequents
                 of
                 that
                 title
                 ,
                 whereunto
                 they
                 are
                 applied
                 ;
                 and
                 that
                 a
                 coherency
                 of
                 them
                 might
                 be
                 both
                 found
                 and
                 orderly
                 framed
                 for
                 the
                 more
                 certaine
                 obteyning
                 of
                 knowledge
                 in
                 obseruing
                 this
                 ,
                 or
                 the
                 like
                 course
                 to
                 this
                 hereafter
                 following
                 .
              
               
                 First
                 although
                 we
                 finde
                 not
                 an
                 Arbitrement
                 to
                 be
                 defined
                 in
                 any
                 report
                 of
                 our
                 Lawes
                 ;
                 yet
                 neuerthelesse
                 Rastall
                 in
                 the
                 small
                 treatise
                 of
                 the
                 Termes
                 of
                 the
                 Law
                 ,
                 thereof
                 yeeldeth
                 this
                 description
                 .
              
               
                 
                   Arbitrement
                   est
                   un
                   award
                   ,
                   determination
                   ,
                   ou
                
                 
                 
                   iudgement
                   ,
                   quel
                   plusiors
                   font
                   al
                   request
                   de
                   deux
                   parties
                   
                   almenis
                   ,
                   pur
                   ,
                   &
                   sur
                   ascum
                   dett
                   ,
                   trespas
                   ,
                   on
                   outer
                   controversie
                   ewe
                   perenter
                   les
                   dits
                   parties
                   .
                
                 But
                 more
                 artificially
                 it
                 may
                 be
                 described
                 out
                 of
                 the
                 Ciuill
                 Law
                 thus
                 :
              
               
                 
                   Arbitrium
                   est
                   Arbitri
                   sententia
                   sive
                   Iudicium
                   inter
                   controvertentes
                   ;
                   privato
                   consensu
                   ,
                   non
                   autem
                   publica
                   interveniente
                   authoritate
                   ,
                   datum
                   .
                
              
               
                 Out
                 of
                 the
                 bookes
                 of
                 Reports
                 of
                 the
                 Lawes
                 of
                 this
                 Land
                 this
                 full
                 description
                 may
                 be
                 drawne
                 .
              
               
                 An
                 Award
                 is
                 a
                 iudgement
                 8.
                 
                 Edw.
                 4.
                 1.
                 8.
                 
                 Edw.
                 4.
                 10.
                 a.
                 21.
                 
                 Edw.
                 4.
                 39.
                 a.
                 giuen
                 by
                 such
                 person
                 or
                 persons
                 as
                 are
                 elected
                 by
                 the
                 parties
                 vnto
                 the
                 controuersie
                 ,
                 9.
                 
                 Edw.
                 4.
                 43.
                 
                   b.
                   Fairfax
                
                 .
                 16.
                 
                 Edw.
                 4.
                 9.
                 a.
                 for
                 the
                 ending
                 and
                 pacifying
                 the
                 said
                 controuersie
                 .
                 8.
                 
                 Edw.
                 4.
                 10.
                 a.
                 19.
                 
                 Hen.
                 6.
                 37.
                 
                   b.
                   Askewe
                
                 .
                 according
                 to
                 the
                 comprimise
                 and
                 submission
                 .
                 19.
                 
                 Edw.
                 4.
                 1.
                 a.
                 and
                 agreeable
                 to
                 reason
                 and
                 good
                 conscience
                 .
                 19.
                 
                 Hen.
                 6.
                 37.
                 a.
                 
              
               
                 Touching
                 the
                 Etymologie
                 or
                 notation
                 of
                 the
                 
                 names
                 thereof
                 ,
                 it
                 seemeth
                 to
                 bee
                 called
                 an
                 Arbitrement
                 ,
                 because
                 the
                 Iudges
                 elected
                 therein
                 ,
                 may
                 determine
                 
                 the
                 controuersie
                 ,
                 not
                 according
                 to
                 the
                 Law
                 ,
                 but
                 
                   Ex
                   boni
                   viri
                   Arbitrio
                
                 .
                 Or
                 else
                 perhaps
                 because
                 
                 the
                 parties
                 to
                 the
                 controuersie
                 haue
                 submitted
                 themselues
                 to
                 the
                 Iudgement
                 of
                 the
                 Arbitrators
                 ,
                 not
                 by
                 compulsary
                 meanes
                 ,
                 and
                 coertion
                 of
                 the
                 Law
                 ,
                 but
                 
                   Ex
                   libero
                   Arbitrio
                   suo
                
                 ,
                 of
                 his
                 owne
                 accord
                 .
                 It
                 is
                 called
                 an
                 Award
                 of
                 the
                 French
                 word
                 Agarder
                 ,
                 which
                 
                 signifies
                 to
                 decide
                 or
                 iudge
                 .
                 It
                 is
                 in
                 the
                 Saxon
                 or
                 old
                 
                 English
                 sometime
                 called
                 a
                 Loueday
                 ,
                 for
                 the
                 quiet
                 and
                 tranquillitie
                 that
                 should
                 ensue
                 thereof
                 ,
                 and
                 for
                 the
                 ending
                 of
                 the
                 cause
                 which
                 is
                 wrought
                 thereby
                 .
              
               
               
                 The
                 Materiall
                 cause
                 whereabout
                 it
                 is
                 conuersant
                 ,
                 
                 is
                 the
                 controuersie
                 ,
                 which
              
               
                 1
                 First
                 may
                 be
                 either
                 action
                 ,
                 suite
                 ,
                 quarrell
                 ,
                 or
                 demand
                 ;
                 and
                 the
              
               
                 2
                 Second
                 that
                 ,
                 concerning
                 dutie
                 or
                 demand
                 ,
                 either
                 personall
                 ,
                 reall
                 or
                 mixt
                 ,
                 or
                 euery
                 of
                 them
                 .
              
               
                 The
                 Formall
                 cause
                 is
                 ,
                 the
                 forme
                 and
                 manner
                 of
                 the
                 
                 Award
                 ,
                 or
                 the
                 yeelding
                 vp
                 of
                 their
                 iudgement
                 ,
                 according
                 to
                 reason
                 ,
                 intent
                 and
                 good
                 meaning
                 .
              
               
                 The
                 Immediate
                 efficient
                 cause
                 ,
                 is
                 the
                 Arbitrator
                 
                 or
                 Arbitrators
                 .
              
               
                 The
                 Mediate
                 efficient
                 cause
                 ,
                 is
                 the
                 comprimise
                 or
                 submission
                 ,
                 and
                 the
                 parties
                 at
                 variance
                 ,
                 being
                 also
                 parties
                 to
                 the
                 submission
                 .
                 Wherefore
                 for
                 the
                 more
                 breuitie
                 we
                 will
                 discourse
                 of
                 euery
                 of
                 these
                 last
                 recited
                 ,
                 when
                 we
                 shall
                 discouer
                 the
                 power
                 of
                 the
                 Arbitrator
                 .
              
               
                 The
                 finall
                 cause
                 ,
                 is
                 both
                 to
                 appease
                 
              
               
                 1
                 First
                 the
                 debate
                 and
                 variance
                 so
                 risen
                 betweene
                 the
                 parties
                 ,
                 and
                 compremitted
                 ;
                 and
                 also
                 to
                 reduce
              
               
                 2
                 Secondly
                 that
                 which
                 was
                 before
                 vncertaine
                 ,
                 vnto
                 a
                 certaintie
                 .
              
               
                 So
                 that
                 by
                 these
                 you
                 see
                 ,
                 that
                 those
                 fiue
                 things
                 which
                 are
                 found
                 to
                 bee
                 incident
                 to
                 euery
                 Award
                 ,
                 viz.
                 
              
               
                 1
                 First
                 matter
                 de
                 controuersie
                 .
              
               
                 2
                 Submission
                 .
              
               
                 3
                 Parties
                 al
                 submission
                 .
              
               
                 4
                 Arbitrators
                 and
              
               
                 5
                 Render
                 
                   sur
                   del
                
                 Iudgment
                 ,
                 spoken
                 of
                 in
                 4.
                 
                 
                   Eliz.
                   Dyer
                
                 217.
                 a.
                 are
                 here
                 reduced
                 into
                 a
                 methodicall
                 consideration
                 of
                 the
                 causes
                 of
                 euery
                 Award
                 ,
                 seeing
                 indeed
                 ,
                 
                 they
                 and
                 no
                 other
                 are
                 the
                 very
                 causes
                 of
                 the
                 same
                 .
              
               
                 The
                 Genus
                 or
                 generall
                 notion
                 of
                 the
                 former
                 description
                 ,
                 
                 is
                 ,
                 that
                 it
                 is
                 a
                 Iudgement
                 .
              
               
                 The
                 speciall
                 difference
                 whereby
                 it
                 is
                 distinguished
                 
                 from
                 other
                 Iudgements
                 ,
                 and
                 expressed
                 in
                 the
                 said
                 description
                 ,
                 is
                 ,
                 that
                 it
                 is
                 giuen
                 by
                 Iudges
                 elected
                 by
                 the
                 parties
                 ,
                 and
                 not
                 by
                 coertion
                 of
                 the
                 Law.
                 
              
               
                 The
                 effect
                 is
                 ,
                 when
                 it
                 concerneth
                 any
                 payment
                 of
                 
                 money
                 ,
                 to
                 alter
                 ,
                 change
                 and
                 make
                 the
                 controuersie
                 
                   transire
                   in
                   rem
                   iudicatam
                
                 ,
                 and
                 thereupon
                 to
                 giue
                 action
                 for
                 the
                 summe
                 awarded
                 .
              
               
                 If
                 it
                 doe
                 determine
                 any
                 collaterall
                 or
                 other
                 matter
                 
                 then
                 payment
                 of
                 money
                 to
                 bee
                 made
                 or
                 done
                 ,
                 then
                 is
                 it
                 not
                 compulsary
                 to
                 constraine
                 the
                 parties
                 to
                 performe
                 it
                 ;
                 but
                 euery
                 of
                 them
                 is
                 restored
                 to
                 his
                 former
                 action
                 .
                 Except
                 the
                 comprimise
                 or
                 submission
                 be
                 by
                 deed
                 ;
                 and
                 so
                 therein
                 it
                 resteth
                 wholy
                 vpon
                 that
                 security
                 by
                 bond
                 ,
                 couenant
                 ,
                 stature
                 ,
                 or
                 recognizance
                 ,
                 by
                 the
                 which
                 the
                 parties
                 comprimitted
                 themselues
                 .
              
               
                 The
                 Adiunct
                 ,
                 is
                 the
                 performance
                 thereof
                 and
                 the
                 
                 manner
                 how
                 ,
                 which
                 whether
                 the
                 Award
                 be
                 performed
                 or
                 not
                 ,
                 it
                 maketh
                 nothing
                 to
                 the
                 nature
                 and
                 substance
                 of
                 the
                 Award
                 it selfe
                 .
                 But
                 neuerthelesse
                 such
                 performance
                 of
                 the
                 Award
                 is
                 a
                 requisite
                 consequent
                 annexed
                 to
                 the
                 consideration
                 of
                 the
                 nature
                 of
                 an
                 Award
                 .
              
               
                 These
                 the
                 generall
                 causes
                 of
                 an
                 Award
                 thus
                 considered
                 ;
                 next
                 followeth
                 the
                 consideration
                 of
                 the
                 Groundes
                 that
                 flow
                 from
                 euery
                 of
                 them
                 .
              
               
                 From
                 the
                 Materiall
                 Cause
                 which
                 is
                 the
                 Controuersie
                 ,
                 
                 these
                 Groundes
                 or
                 Rules
                 are
                 deduced
                 .
              
               
               
                 In
                 Reall
                 matters
                 
                   quo
                   Concerne
                   franke
                   tenement
                
                 ,
                 
                 
                   Arbitrement
                   ne
                   lia
                   ,
                   le
                   title
                   ,
                   ne
                   done
                   ceo
                   .
                
                 14.
                 
                 Hen.
                 4.
                 19
                 a.
                 
              
               
                 In
                 matters
                 of
                 Realtie
                 which
                 Concerne
                 freehold
                 ,
                 an
                 Arbitrement
                 doth
                 neither
                 giue
                 title
                 nor
                 bind
                 the
                 right
                 .
              
               
                 
                   In
                   Reall
                   Actions
                   ,
                   vn
                   Arbitrement
                   nest
                   plee
                   .
                
                 
              
               
                 
                   In
                   Mixt
                   Actions
                   ,
                   Arbitrement
                   nest
                   plee
                   ;
                   Si
                   non
                   que
                   le
                   Comprimise
                   soit
                   per
                   fait
                   .
                
                 19.
                 
                 Hen.
                 6.
                 37.
                 6.
                 
                 Newton
                 .
              
               
                 
                   In
                   Personall
                   Actions
                   sur
                   Personall
                   torts
                   ,
                   Arbitrement
                
                 
                 
                   est
                   Plee
                   ,
                   coment
                   que
                   le
                   submission
                   ne
                   soit
                   per
                   fait
                   .
                
                 14.
                 
                 Hen.
                 4.
                 24.
                 
                   b.
                   Rauish
                   gard
                
                 .
                 
              
               
                 
                   In
                   Controuersie
                   concernant
                   le
                   propertie
                   de
                   Reall
                   Chattells
                   ,
                   vn
                   Arbitrement
                   transfer
                   propertie
                   de
                   ceo
                   accordant
                   al
                   agard
                
                 21.
                 
                 Hen.
                 7.
                 29.
                 b.
                 
                 
              
               
                 
                   In
                   Chattells
                   Personall
                   ,
                   Arbitrement
                   transfer
                   propertie
                   .
                
              
               
                 
                   In
                   Personall
                   dutie
                   grounde
                   sur
                   specialtie
                   ,
                   Arbitrement
                
                 
                 
                   nest
                   availeable
                
                 .
                 3.
                 
                 Hen.
                 4
                 ,
                 1.
                 b.
                 8
                 Hen
                 ,
                 5.
                 3.
                 b.
                 
                 
              
               
                 
                   In
                   Controuersie
                   ground
                   Sr
                   matter
                   de
                   Record
                   ,
                   Arbitrement
                   ne
                   sera
                   regard
                   .
                
                 6.
                 
                 Hen.
                 4.
                 6.
                 a.
                 8.
                 
                 Hen.
                 5.
                 3.
                 b.
                 4.
                 
                 Hen.
                 6.
                 17.
                 b.
                 
                 
              
               
                 
                   Arbitrement
                   do
                   et
                   este
                   de
                   Dutie
                   inent
                   certaine
                   .
                
                 6.
                 
                 Hen.
                 4.
                 6.
                 a.
                 2.
                 
                 Hen.
                 5.
                 
                 Fitzh
                 .
                 23.
                 4.
                 
                 Hen.
                 6.
                 17.
                 b.
                 10.
                 
                 Hen.
                 7.
                 4.
                 a.
                 
                 
              
               
                 
                   Controuersy
                   de
                   dett
                   solement
                   .
                   ne
                   poet
                   este
                   misi
                   on
                   Arbitrement
                   .
                
                 45.
                 
                 Ed.
                 3.
                 16.
                 a.
                 2.
                 
                 Hen.
                 5.
                 
                 
                   Fitzh
                   .
                   Arbitrement
                
                 .
                 23.
                 8.
                 
                 Hen.
                 5.
                 3.
                 b.
                 4.
                 
                 Hen.
                 6.
                 17.
                 b.
                 10.
                 
                 Hen.
                 7.
                 4.
                 a.
                 
              
               
                 
                   In
                   Contract
                   de
                   det
                   oue
                   auter
                   chose
                   mise
                   en
                   Conprimise
                
                 
                 
                   Arbitrement
                   sera
                   bone
                
                 .
                 2.
                 
                 Hen.
                 6.
                 
                 
                   Fitzh
                   .
                   Arbitrement
                
                 23.
                 4.
                 
                 Hen.
                 6.
                 17.
                 b.
                 10.
                 
                 Hen.
                 7.
                 4.
                 a.
                 
              
               
               
                 
                   Dett
                   sur
                   Contract
                   sans
                   specialtie
                   ,
                   per
                   le
                   resolution
                
                 
                 
                   de
                   ascuns
                   liuers
                   poet
                   ester
                   mise
                   en
                   Arbitrement
                   .
                
                 45.
                 
                 Ed.
                 3.
                 16.
                 a.
                 6.
                 
                 Hen.
                 4.
                 6.
                 
                 a
                 4.
                 
                 Hen.
                 6.
                 18.
                 a.
                 
              
               
                 These
                 with
                 diuers
                 other
                 grounds
                 ,
                 doe
                 proceede
                 ,
                 as
                 we
                 haue
                 said
                 ,
                 from
                 the
                 Materiall
                 Cause
                 or
                 Controuersie
                 .
              
               
                 There
                 resteth
                 now
                 to
                 speake
                 of
                 such
                 as
                 doe
                 proceede
                 
                 from
                 the
                 Formall
                 Cause
                 .
              
               
                 Euery
                 Award
                 ,
                 as
                 touching
                 the
                 forme
                 thereof
                 ,
                 ought
                 to
                 haue
                 these
                 foure
                 qualities
                 .
              
               
                 1.
                 
                 First
                 that
                 it
                 be
                 not
                 of
                 a
                 thing
                 impossible
                 to
                 be
                 performed
                 by
                 the
                 parties
                 .
              
               
                 2.
                 
                 Secondly
                 ,
                 that
                 it
                 doc
                 not
                 ordaine
                 matter
                 vnlawfull
                 to
                 be
                 done
                 .
              
               
                 3.
                 
                 Thirdly
                 ,
                 that
                 the
                 same
                 Award
                 agree
                 with
                 Reason
                 and
                 with
                 good
                 meaning
                 .
              
               
                 4.
                 
                 Fourthly
                 ,
                 that
                 it
                 be
                 sensible
                 ,
                 full
                 ,
                 and
                 perfect
                 in
                 vnderstanding
                 .
              
            
             
               
                 As
                 touching
                 the
                 first
                 .
              
               
                 1.
                 
                 
                   Arbitrement
                   ne
                   doiet
                   este
                   de
                   chose
                   ou
                   matter
                
                 
                 impossible
                 .
                 8.
                 
                 Edw
                 :
                 4.
                 1.
                 
                   b.
                   Moyle
                
                 .
                 8.
                 
                 Edw.
                 4.
                 10.
                 
                   a.
                   Yeluerton
                
                 .
                 19.
                 
                 Edw.
                 4.
                 1.
                 
                   a.
                   Neele
                
                 .
                 9.
                 
                 Hen.
                 7.
                 16.
                 
                   b.
                   Keble
                
                 .
              
               
                 2.
                 
                 
                   Arbitrement
                   ne
                   doiet
                   este
                   de
                   chose
                   encounter
                   ley
                   .
                
                 
                 19.
                 
                 Edw.
                 4.
                 1
                 
                   a.
                   Neele
                
                 .
                 21.
                 
                 Edw.
                 4.
                 
                   b.
                   Bridg.
                
                 9.
                 
                 Hen.
                 7.
                 16.
                 
                   a.
                   b.
                   Keble
                
                 .
              
               
                 3.
                 
                 
                   Arbitrement
                   ne
                   doiet
                   este
                   reasonable
                
                 .
                 46.
                 
                 Edw.
                 3.
                 16.
                 a.
                 43.
                 
                 Edw.
                 3.
                 17.
                 b.
                 2.
                 
                 Hen.
                 5.
                 2.
                 a.
                 17.
                 
                 Edw.
                 4.
                 5.
                 b.
                 9.
                 
                 Hen.
                 7.
                 10.
                 
                   b.
                   Keble
                
                 .
                 4.
                 6.
                 
                 Edw.
                 3.
                 17.
                 b.
                 21.
                 
                 Edw.
                 
                 4.
                 40.
                 a.
                 10.
                 
                 Hen.
                 4.
                 
                 
                   Fitzh
                   .
                   Arbitrement
                
                 .
              
               
                 This
                 Ground
                 last
                 remembred
                 ,
                 being
                 generali
                 ,
                 containeth
                 therein
                 many
                 speciall
                 Rules
                 vnder
                 it
                 ;
                 whereof
                 some
                 doe
                 follow
                 .
              
               
                 
                   Arbitrement
                   doiet
                   este
                   tiel
                   que
                   les
                   parties
                   poient
                   performer
                
                 
                 
                   sans
                   le
                   assistance
                   de
                   ascunes
                   auters
                   quenx
                   ils
                   ne
                   poient
                   compela
                   ceo
                   faire
                   &
                   performer
                   .
                
                 8.
                 
                 Edw.
                 4.
                 2.
                 
                   a.
                   Illingworth
                
                 .
                 17.
                 
                 Edw.
                 4.
                 15.
                 b.
                 18.
                 
                 Edw.
                 4.
                 23.
                 
                   a.
                   Catesby
                
                 .
                 19.
                 
                 Edw.
                 4.
                 1.
                 
                   b.
                   Brian
                
                 .
              
               
                 
                   Mes
                   si
                   les
                   parties
                   ont
                   mean
                   per
                   le
                   ley
                   a
                   Compeller
                
                 
                 
                   tiels
                   estrangers
                   a
                   ceo
                   performer
                   ,
                   le
                   Agard
                   est
                   assets
                   bone
                   .
                
                 17.
                 
                 Edw.
                 4.
                 5.
                 b.
                 
              
               
                 
                   Arbitrement
                   g'le
                   partie
                   faire
                   vn
                   Iudiciall
                   Act
                   est
                
                 
                 
                   bone
                   ,
                   coment
                   que
                   il
                   ne
                   poiet
                   ceo
                   performe
                   sans
                   assistance
                   del
                   Court.
                
                 19.
                 
                 Hen.
                 6.
                 38.
                 
                   a.
                   Past.
                   Nonsute
                
                 .
                 19.
                 
                 Edw.
                 4.
                 1.
                 
                   b.
                   Brian
                   .
                   fine
                
                 .
                 12.
                 
                 Edw.
                 4.
                 8.
                 
                   a.
                   Retraxit
                
                 .
                 21.
                 
                 Edw.
                 4.
                 38
                 
                   a.
                   Retraxit
                
                 .
                 5.
                 
                 Hen.
                 7.
                 22.
                 
                   a.
                   b.
                   Discon
                   &c.
                
                 
              
               
                 
                   Chascune
                   Arbitrement
                   que
                   ne
                   import
                   satisfaction
                   del
                
                 
                 
                   tort
                   que
                   est
                   mise
                   in
                   comprimise
                   ,
                   nest
                   bone
                   .
                
                 43.
                 
                 Edw.
                 3.
                 28.
                 
                   b.
                   sinchd
                
                 .
                 46.
                 
                 Edw.
                 3.
                 17.
                 b.
                 2.
                 
                 Hen.
                 5.
                 2.
                 a.
                 45.
                 
                 Edw.
                 3.
                 16.
                 a.
                 19.
                 
                 Hen.
                 6.
                 38.
                 
                   a.
                   Past
                
                 :
                 22.
                 
                 Hen.
                 6.
                 39.
                 
                   a.
                   Port.
                
                 30.
                 
                 Hen.
                 6.
                 
                 
                   Fitzherbert
                   Arbitrement
                
                 .
                 27.
                 9.
                 
                 Edw.
                 4.
                 44.
                 
                   a.
                   Choke
                
                 .
                 9.
                 
                 Hen.
                 7.
                 16.
                 b.
                 12.
                 
                 Hen.
                 7.
                 15.
                 a.
                 
              
               
                 This
                 Ground
                 is
                 also
                 Generall
                 :
                 Wherefore
                 it
                 shall
                 be
                 expedient
                 to
                 diuide
                 it
                 by
                 the
                 particular
                 Circumstances
                 of
                 cases
                 vnto
                 more
                 especiall
                 propositions
                 ,
                 together
                 with
                 their
                 seuerall
                 Exceptions
                 to
                 be
                 set
                 downe
                 in
                 manner
                 following
                 .
              
               
                 
                   Arbiterment
                   in
                   tiel
                   maner
                   ,
                   que
                   pur
                   ceo
                   que
                   vn
                   des
                
                 
                 
                   parties
                   ad
                   les
                   Chatells
                   delauter
                   ,
                   que
                   il
                   eux
                   redeliuera
                   ,
                   ceo
                   nest
                   satisfaction
                   .
                
                 45.
                 
                 Edw.
                 3.
                 16.
                 
                   a.
                   Kirton
                
                 .
                 2.
                 
                 Hen.
                 5.
                 2.
                 a.
                 12.
                 
                 Hen.
                 7.
                 15.
                 a.
                 
              
               
               
                 
                   Mes
                   si
                   sur
                   le
                   deliuery
                   des
                   biens
                   ,
                   cesty
                   a
                   que
                   serront
                
                 
                 
                   deliuer
                   poet
                   auer
                   ascun
                   benefit
                   ,
                   per
                   tiel
                   deliuery
                   in
                   satisfaction
                   del
                   tort
                   ,
                   donque
                   est
                   le
                   Arbitrement
                   bone
                   .
                
                 2.
                 
                 Hen.
                 5.
                 2
                 a.
                 14.
                 
                 Hen.
                 4.
                 14.
                 b.
                 12.
                 
                 Hen.
                 7.
                 15.
                 a.
                 
              
               
                 
                   Arbitrement
                   que
                   vn
                   partie
                   auera
                   vn
                   parte
                   del
                
                 
                 
                   chose
                   comprimise
                   ,
                   &
                   Sr
                   que
                   le
                   controuersie
                   fat
                   ,
                   &
                   l'auter
                   partie
                   l'auter
                   parte
                   est
                   voide
                   .
                
                 45.
                 
                 Edw.
                 3.
                 16.
                 a.
                 10.
                 
                 Hen.
                 4.
                 
                   fitzh
                   .
                   Arbiterment
                
                 .
                 19.
                 
              
               
                 
                   Arbitrement
                   que
                   le
                   partie
                   paiera
                   part
                   de
                   sadett
                   ,
                
                 
                 
                   est
                   voide
                
                 .
                 45.
                 
                 Edw
                 3.
                 16.
                 a.
                 
              
               
                 
                   Arbitrement
                   sur
                   matter
                   de
                   dett
                   ,
                   sils
                   agard
                   que
                   le
                   parties
                   endebted
                   payera
                   plus
                   que
                   il
                   doit
                   in
                   recompence
                
                 
                 
                   del
                   dit
                   dett
                   ceo
                   est
                   void
                   .
                
                 9.
                 
                 Hen.
                 7.
                 16.
                 
                   b.
                   Keble
                
                 .
              
               
                 
                   Arbitrement
                   que
                   cesty
                   que
                   est
                   Suppose
                   dauer
                   fait
                
                 
                 
                   trespas
                   ,
                   faira
                   de
                   ceo
                   son
                   Ley
                   ,
                   et
                   sur
                   ceo
                   sera
                   discharge
                   ,
                   nest
                   satisfaction
                   al
                   auter
                   ,
                   et
                   pur
                   ceo
                   nest
                   bone
                   .
                
                 46.
                 
                 Ed.
                 3.
                 17.
                 b.
                 
              
               
                 
                   Arbitrement
                   que
                   in
                   Satisfaction
                   del
                   tort
                   que
                   les
                   parties
                   entermariont
                   ,
                   ceo
                   nest
                   bone
                   agard
                   ;
                   car
                   nest
                   satisfaction
                
                 
                 9.
                 
                 Edw.
                 4.
                 44.
                 
                   a.
                   Chock
                
                 .
              
               
                 
                   Arbitrement
                   que
                   vn
                   des
                   parties
                   que
                   est
                   in
                   arrerages
                
                 
                 
                   in
                   accompt
                   accomptera
                   al
                   auter
                   ,
                   ceo
                   nest
                   satisfaction
                   .
                
                 30
                 Hen.
                 6
                 
                   Fitzh
                   .
                   Arbitrement
                
                 .
                 27.
                 
              
               
                 
                   Arbitrement
                   que
                   les
                   parties
                   fera
                   act
                   a
                   tiel
                   iour
                   ,
                   &
                   deuant
                   que
                   le
                   agard
                   est
                   perfect
                   ,
                   le
                   iour
                   est
                   passe
                   til
                
                 
                 
                   agard
                   nest
                   bone
                
                 .
                 8.
                 
                 Edw.
                 4.
                 11.
                 a.
                 8.
                 
                 Edw.
                 4.
                 22.
                 a.
                 
              
               
                 
                   Arbitrement
                   que
                   refer
                   le
                   feasance
                   del
                   chose
                   ou
                   auter
                   matter
                   a
                   tiel
                   chose
                   que
                   nest
                   in
                   Rerum
                   natura
                   ;
                   tiel
                
                 
                 
                   Arbitrement
                   est
                   voide
                
                 .
                 21.
                 
                 Edw.
                 4.
                 40.
                 a.
                 9.
                 
                 Edw.
                 4.
                 44.
                 a.
                 39.
                 
                 Hen.
                 6.
                 10.
                 a.
                 
              
               
                 Haueing
                 thus
                 shewed
                 the
                 Circumstances
                 of
                 certaine
                 Arbitrements
                 ,
                 which
                 haue
                 beene
                 taken
                 to
                 be
                 
                 against
                 reason
                 ,
                 sounding
                 to
                 no
                 satisfaction
                 ,
                 and
                 therefore
                 voyde
                 :
                 Now
                 resteth
                 to
                 be
                 shewed
                 certaine
                 Circumstances
                 ,
                 in
                 Arbitrements
                 agreeable
                 vnto
                 Reason
                 ,
                 
                 and
                 imparting
                 satisfaction
                 ,
                 and
                 therfore
                 deemed
                 good
                 .
              
               
                 
                   Arbitrement
                   do
                   et
                   este
                   equall
                   in
                   respect
                   d'
                   Ambideux
                
                 
                 
                   parties
                   ,
                   &
                   lune
                   come
                   l'auter
                   sera
                   lie
                   a
                   ceo
                   .
                
                 7.
                 
                 Hen.
                 6.
                 41.
                 
                   a.
                   Strange
                
                 .
                 19.
                 
                 Hen.
                 6.
                 38.
                 
                   a.
                   Newton
                
                 .
                 20.
                 
                 Hen.
                 6.
                 19.
                 
                   a.
                   Newton
                
                 .
                 39.
                 
                 Hen.
                 6.
                 12.
                 
                   a.
                   Moyle
                
                 .
              
               
                 
                   Lou
                   diuers
                   dune
                   parties
                   ,
                   &
                   dauter
                   eux
                   submit
                   al
                
                 
                 
                   agard
                   ,
                   &
                   le
                   Arbitrement
                   est
                   ,
                   que
                   lune
                   de
                   lune
                   partie
                   paiera
                   a
                   vn
                   auter
                   de
                   lauter
                   partie
                   tant
                   ,
                   Sans
                   rien
                   parler
                   des
                   auters
                   ;
                   ceo
                   est
                   bone
                   agard
                   ,
                   pur
                   ceo
                   que
                   poet
                   este
                   que
                   le
                   auters
                   naueront
                   cause
                   dauer
                   ascun
                   chose
                   .
                
                 22.
                 
                 Edw.
                 4.
                 25.
                 b.
                 
              
               
                 
                   Arbitrement
                   pur
                   ceo
                   que
                   les
                   torts
                   fait
                   per
                   les
                   parties
                
                 
                 
                   chescun
                   a
                   lauter
                   sont
                   equal
                   seront
                   quit
                   Chescun
                   vers
                   Lauter
                   ;
                   ceo
                   est
                   bone
                   agard
                   .
                
                 19.
                 
                 Hen.
                 7.
                 37.
                 
                   b.
                   Newton
                
                 .
                 20.
                 
                 Hen.
                 6.
                 19.
                 
                   a.
                   Newton
                
                 .
                 21.
                 
                 Hen.
                 6.
                 
                 
                   Fitz.
                   Arbit
                
                 .
                 9.
                 
              
               
                 
                   Arbitrement
                   que
                   vne
                   des
                   parties
                   sera
                   quit
                   vers
                   lauter
                   ,
                
                 
                 
                   et
                   que
                   cesty
                   auter
                   paiera
                   ou
                   faira
                   taut
                   pur
                   ceo
                   que
                   son
                   trespas
                   fut
                   le
                   greinder
                   ,
                   est
                   bone
                   agard
                   .
                
                 10.
                 
                 Hen.
                 6.
                 4.
                 a.
                 20.
                 
                 Hen.
                 6.
                 19.
                 
                   a.
                   Newton
                
                 .
              
               
                 
                   Arbitrement
                   que
                   lune
                   done
                   al
                   auter
                   quart
                   de
                   rine
                   ,
                
                 
                 
                   ou
                   tiel
                   petit
                   recompence
                   pur
                   satisfaction
                   del
                   tort
                   ,
                   est
                   bone
                   agard
                   .
                
                 43.
                 
                 Edw.
                 3.
                 33.
                 a.
                 45.
                 
                 Edw.
                 3.
                 16.
                 
                   b.
                   Belknap
                
                 .
                 9.
                 
                 Edw.
                 4.
                 44.
                 
                   a.
                   Nedham
                
                 .
              
               
                 
                   Si
                   le
                   Arbitrement
                   soit
                   ;
                   que
                   vn
                   des
                   parties
                   paiera
                
                 
                 
                   grenider
                   sum
                   in
                   value
                   que
                   le
                   tort
                   est
                   que
                   il
                   ad
                   fait
                   ,
                   vncore
                   le
                   agard
                   est
                   bone
                   ,
                   &
                   ceo
                   gist
                   in
                   discretion
                   des
                   Arbitrators
                   .
                
                 8.
                 
                 Edw.
                 4.
                 21.
                 
                 Chock
                 .
              
               
                 
                   Arbitrement
                   ,
                   que
                   chescun
                   release
                   a
                   lauter
                   ,
                   est
                   .
                
                 
                 
                 bone
                 .
                 9.
                 
                 Edw.
                 4.
                 44.
                 
                   b.
                   Danby
                
                 .
              
               
                 
                   Arbitrement
                   que
                   lune
                   release
                   tout
                   son
                   droit
                   in
                   tiel
                
                 
                 
                   terre
                   est
                   bone
                   satisfaction
                   .
                   Si
                   cesty
                   a
                   que
                   le
                   release
                   sera
                   fait
                   soit
                   in
                   possession
                   del
                   terre
                   &c.
                   
                   Et
                   ceo
                   appiert
                   per
                   le
                   agard
                   .
                
                 9.
                 
                 Edw.
                 4.
                 44.
                 b.
                 21.
                 
                 Edw.
                 4
                 40.
                 b.
                 
              
               
                 
                   Arbitrement
                   que
                   lune
                   partie
                   done
                   al
                   auter
                   tel
                   chose
                   ,
                   coment
                   que
                   le
                   partie
                   nad
                   tel
                   chose
                   vn
                   core
                   est
                   le
                   agard
                
                 
                 
                   bone
                   ,
                   et
                   il
                   doit
                   prouide
                   ceo
                   .
                
                 19.
                 
                 Edw.
                 4.
                 1.
                 
                   a.
                   Neele
                
                 .
                 9.
                 
                 Hen.
                 7.
                 16.
                 a.
                 
              
               
                 
                   Arbitrement
                   bone
                   in
                   parte
                   ,
                   et
                   voide
                   in
                   parte
                   .
                
                 19.
                 
                 
                 Edw.
                 4.
                 1.
                 a.
                 
              
               
                 
                   Arbitratours
                   poient
                   ordaine
                   act
                   deste
                   fait
                   in
                   lour
                
                 
                 
                   agard
                   pur
                   le
                   meliour
                   securitie
                   del
                   performance
                   de
                   ceo
                   ,
                   come
                   obligation
                   .
                
                 8.
                 
                 Hen.
                 6.
                 18.
                 
                   b.
                   Newton
                
                 .
                 19.
                 
                 Hen.
                 4.
                 1.
                 
                   a.
                   Chock
                
                 .
              
               
                 
                   Chescune
                   Arbitrement
                   do
                   et
                   este
                   plaine
                   ,
                   et
                   certaine
                
                 
                 
                   in
                   sence
                
                 .
                 8.
                 
                 Edw.
                 4.
                 11.
                 
                   a.
                   Pigot
                
                 .
              
               
                 
                   Arbitrement
                   est
                   chose
                   entier
                
                 .
                 18.
                 
                 Edw.
                 4.
                 23.
                 
                   a.
                   Brian
                
                 .
                 
              
               
                 Thus
                 much
                 touching
                 the
                 Matter
                 and
                 forme
                 of
                 Arbitrements
                 and
                 the
                 Axiomes
                 ,
                 Grounds
                 and
                 Rules
                 deduced
                 from
                 the
                 same
                 :
                 Wherein
                 we
                 haue
                 not
                 expressed
                 euery
                 Rule
                 that
                 might
                 be
                 found
                 in
                 the
                 books
                 or
                 collected
                 thence
                 ,
                 tending
                 hereunto
                 Neither
                 are
                 these
                 Axiomes
                 or
                 Propositions
                 here
                 put
                 downe
                 ,
                 furnished
                 with
                 all
                 those
                 cases
                 ,
                 that
                 mighe
                 be
                 thereunto
                 applied
                 .
                 For
                 ,
                 not
                 intending
                 to
                 expresse
                 the
                 type
                 of
                 any
                 treatise
                 of
                 this
                 title
                 ;
                 but
                 onely
                 a
                 Methodicall
                 Abstract
                 or
                 Directorie
                 ,
                 that
                 which
                 is
                 heere
                 exemplified
                 in
                 part
                 may
                 be
                 sufficient
                 to
                 expresse
                 our
                 meaning
                 before
                 declared
                 .
                 But
                 to
                 proceed
                 .
              
               
                 The
                 Efficient
                 Causes
                 ,
                 and
                 the
                 Rules
                 drawne
                 from
                 
                 the
                 same
                 do
                 :
                 come
                 next
                 to
                 consideration
                 .
              
               
               
                 The
                 first
                 whereof
                 is
                 the
                 Arbitratour
                 .
                 Of
                 whom
                 the
                 Author
                 of
                 the
                 Institutions
                 of
                 the
                 Canon
                 Law
                 
                 giueth
                 this
                 description
                 .
                 
                   Arbitri
                   dicuntur
                   proprie
                   ,
                   qui
                   (
                   nullam
                   potestatem
                   habentes
                   ex
                   lege
                   )
                   consensu
                   Litiganttum
                   in
                   Iudices
                   eliguntur
                   :
                   in
                   quos
                   compromittitur
                   ,
                   vt
                   eorum
                   sententiae
                   stetur
                   .
                
              
               
                 Out
                 of
                 the
                 bookes
                 of
                 the
                 Common
                 Law
                 ,
                 a
                 description
                 of
                 an
                 Arbitratour
                 may
                 be
                 thus
                 Collected
                 .
              
               
                 
                   Vne
                   Arbitratour
                   est
                   Iudge
                   priuate
                   ,
                   esle●
                   per
                   les
                   parties
                   .
                
                 9.
                 
                 Edw.
                 4.
                 43.
                 
                   b.
                   Fairefax
                
                 .
                 16.
                 
                 Edw.
                 4.
                 9.
                 
                   a.
                   Feneux
                
                 .
                 19.
                 
                 Hen.
                 6.
                 37.
                 
                   b.
                   Askew
                   pur
                   appeaser
                   les
                   debates
                   enter
                   cux
                   .
                
                 8.
                 
                 Edw.
                 4.
                 10.
                 
                 
                   a
                   Billinge
                   .
                   Et
                   de
                   arbitrate
                   et
                   adiudge
                   selonque
                   lour
                   bone
                   intent
                   .
                
                 19.
                 
                 Hen.
                 0.
                 37.
                 
                   a.
                   Paston
                
                 .
              
               
                 Sithence
                 in
                 the
                 Award
                 it selfe
                 ,
                 the
                 Law
                 requireth
                 such
                 qualities
                 ,
                 there
                 hath
                 not
                 bin
                 made
                 many
                 nor
                 scarce
                 any
                 question
                 ,
                 who
                 may
                 be
                 an
                 Arbitratour
                 and
                 who
                 not
                 :
                 Neither
                 (
                 considering
                 what
                 hath
                 beene
                 said
                 touching
                 the
                 forme
                 of
                 an
                 Award
                 )
                 should
                 it
                 be
                 greatly
                 necessarie
                 .
                 Therefore
                 we
                 will
                 proceede
                 respecting
                 in
                 the
                 Arbitratour
                 these
                 three
                 things
                 .
              
               
                 1.
                 
                 First
                 his
                 Ordinance
                 ,
                 from
                 whom
                 it
                 is
                 .
              
               
                 2.
                 
                 His
                 Authoritie
                 ,
                 what
                 it
                 is
                 .
              
               
                 3.
                 
                 His
                 Dutie
                 wherein
                 it
                 Consisteth
                 .
              
               
                 Touching
                 his
                 Ordinance
                 ,
                 he
                 is
                 ordained
                 by
                 these
                 
                 two
                 things
                 .
              
               
                 1.
                 
                 First
                 by
                 the
                 Election
                 of
                 the
                 parties
                 .
                 20.
                 
                 Hen.
                 6
                 ,
                 41
                 ,
                 a.
                 
              
               
                 2.
                 
                 By
                 his
                 own
                 vndertaking
                 of
                 the
                 Charge
                 .
                 8.
                 
                 Edw.
                 4
                 ,
                 10
                 ,
                 a.
                 
              
               
                 Billinge
                 .
              
               
                 Touching
                 his
                 Authoritie
                 ,
                 what
                 it
                 is
                 .
                 
              
               
               
                 1.
                 
                 First
                 it
                 is
                 deriued
                 from
                 the
                 Submission
                 ;
                 and
                 extendeth
                 no
                 further
                 .
              
               
                 2.
                 
                 Thereby
                 he
                 is
                 a
                 Iudge
                 betweene
                 the
                 parties
                 .
              
               
                 3.
                 
                 And
                 therefore
                 he
                 cannot
                 transfer
                 his
                 authoritie
                 ouer
                 to
                 any
                 other
                 .
              
               
                 Touching
                 his
                 Duty
                 ,
                 it
                 consisteth
                 in
                 these
                 three
                 .
                 
              
               
                 1.
                 
                 First
                 to
                 heare
                 the
                 griefe
                 of
                 the
                 partie
                 .
              
               
                 2.
                 
                 To
                 iudge
                 according
                 to
                 equitie
                 .
              
               
                 3.
                 
                 To
                 notifie
                 their
                 Award
                 .
              
               
                 First
                 therefore
                 concerning
                 the
                 election
                 of
                 the
                 Arbitratours
                 by
                 the
                 parties
                 to
                 the
                 Controuersie
                 
                 (
                 which
                 ought
                 likewise
                 to
                 be
                 parties
                 to
                 the
                 Submission
                 )
                 there
                 is
                 first
                 of
                 all
                 to
                 be
                 considered
                 ,
                 what
                 persons
                 may
                 by
                 the
                 Law
                 submitte
                 themselues
                 to
                 an
                 
                 Award
                 made
                 by
                 others
                 ,
                 and
                 what
                 persons
                 cannot
                 .
              
               
                 And
                 therefore
                 ,
              
               
                 
                   Si
                   vne
                   des
                   parties
                   submitt
                   luy
                   a
                   vne
                   Arbitrement
                
                 
                 
                   dune
                   parte
                   ,
                   et
                   Depute
                   del
                   auter
                   parte
                   in
                   nosme
                   del
                   dit
                   auter
                   party
                   :
                   Arbitrement
                   Sur
                   ceo
                   fait
                   per
                   enter
                   eux
                   ,
                   semble
                   bon
                   .
                
                 4.
                 
                 Eliz.
                 217.
                 a.
                 60.
                 
              
               
                 
                   Le
                   Baron
                   poet
                   luy
                   mesme
                   submit
                   al
                   agard
                   pur
                   luy
                
                 
                 
                   et
                   sa
                   feme
                   pur
                   chattells
                   des
                   queux
                   il
                   adle
                   disposicon
                   in
                   droit
                   ,
                   et
                   per
                   reason
                   de
                   sa
                   fem
                   ,
                   et
                   ceo
                   Liera
                   la
                   feme
                   .
                
                 21.
                 
                 Hen.
                 7.
                 29.
                 b.
                 
              
               
                 
                   Si
                   enfant
                   submit
                   luy
                   al
                   vne
                   agard
                   ,
                   il
                   sera
                   lye
                   de
                   ceo
                
                 
                 
                   performer
                   cy
                   bien
                   come
                   home
                   de
                   plein
                   age
                   .
                
                 13.
                 
                 Hen.
                 4
                 ,
                 12
                 ,
                 a.
                 10.
                 
                 Hen.
                 6.
                 14.
                 a.
                 
              
               
                 
                   Si
                   diuers
                   dune
                   parte
                   ont
                   fait
                   tort
                   a
                   vn
                   auter
                   ,
                   &
                   cesti
                
                 
                 
                   a
                   qui
                   le
                   tort
                   est
                   fait
                   ,
                   et
                   vn
                   de
                   les
                   auters
                   submit
                   eux
                   al
                   agard
                   ,
                   de
                   cest
                   agard
                   fait
                   les
                   auters
                   nient
                   parties
                   al
                   submission
                   aueron
                   aduantage
                   in
                   extinguishment
                   del
                   tort
                   .
                
                 7.
                 
                 Hen.
                 4.
                 31.
                 b.
                 20.
                 
                 Hen.
                 6.
                 12.
                 a.
                 20.
                 
                 Hen.
                 6.
                 41.
                 a.
                 
              
               
               
                 
                   Si
                   divers
                   del
                   une
                   parte
                   submitt
                   eux
                   mesmes
                   al
                   agard
                
                 
                 
                   de
                   certaine
                   persons
                   ,
                   &
                   divers
                   del
                   auter
                   parte
                   :
                   Les
                   Arbitratours
                   ont
                   power
                   de
                   faire
                   agarde
                   pur
                   matters
                   enter
                   eux
                   ioyntment
                   ,
                   &
                   issint
                   pur
                   matter
                   enter
                   eux
                   seueralment
                   .
                
                 2.
                 
                 Rich.
                 3.
                 18.
                 
                   b.
                   vide
                
                 21.
                 
                 Hen.
                 7.
                 29.
                 
                   b.
                   Com.
                   Dalton
                
                 .
                 289.
                 b.
                 
              
               
                 
                   Si
                   divers
                   del
                   une
                   parte
                   &
                   de
                   auter
                   submit
                   eux
                   al
                   agard
                
                 
                 
                   del
                   une
                   ,
                   que
                   fait
                   agard
                   perenter
                   ascunes
                   dune
                   party
                   ,
                   &
                   ascunes
                   del
                   auter
                   party
                   et
                   nemy
                   perenter
                   eux
                   touts
                   ,
                   &
                   ne
                   parle
                   rien
                   en
                   son
                   agard
                   des
                   auters
                   ,
                   uncore
                   tel
                   agard
                   est
                   bone
                   .
                
                 22.
                 
                 Edw.
                 4.
                 25.
                 b.
                 
              
               
                 Thus
                 much
                 touching
                 the
                 parties
                 that
                 doe
                 submit
                 themselues
                 vnto
                 an
                 Award
                 ,
                 and
                 which
                 make
                 an
                 election
                 of
                 the
                 Arbitratours
                 .
                 Now
                 followeth
                 
                 that
                 somewhat
                 be
                 also
                 said
                 as
                 touching
                 the
                 vndertaking
                 of
                 the
                 charge
                 of
                 the
                 said
                 award
                 .
              
               
                 
                   Si
                   le
                   Arbitratour
                   protest
                   ,
                   que
                   il
                   ne
                   voile
                   meddle
                
                 
                 
                   ave
                   tout
                   ceo
                   que
                   est
                   commit
                   a
                   luy
                   ou
                   conteyne
                   en
                   le
                   submission
                   ou
                   sil
                   fait
                   agard
                   tantum
                   del
                   percel
                   ,
                   le
                   agard
                   est
                   bone
                
                 19.
                 
                 Hen.
                 6.
                 6.
                 b.
                 39.
                 
                 Hen.
                 6.
                 11.
                 
                   b.
                   Prisot
                   ,
                   cont
                
                 .
                 4.
                 
                 Eliz.
                 217
                 ,
                 60.
                 7.
                 1.
                 
                 Eliz.
                 243.
                 b.
                 52.
                 
              
               
                 
                   Mes
                   si
                   le
                   submission
                   soit
                   per
                   fait
                   condicionalment
                
                 
                 
                   que
                   le
                   dit
                   gard
                   soit
                   deliver
                   deuant
                   tiel
                   iour
                   :
                   une
                   Arbitrement
                   de
                   percel
                   nest
                   bone
                
                 4
                 Eliz.
                 217.
                 60.
                 7.
                 8.
                 
                 Eliz.
                 243.
                 b.
                 52.
                 
              
               
                 
                   Mes
                   uncore
                   ,
                   si
                   le
                   submission
                   soit
                   que
                   ils
                   estoieront
                   al
                
                 
                 
                   agard
                   des
                   Arbitratours
                   de
                   tout
                   le
                   chose
                   comprimit
                   ou
                   fait
                   pur
                   ascun
                   percel
                   de
                   ceo
                   :
                   donque
                   le
                   Arbitrement
                   est
                   bone
                   pur
                   parcel
                   .
                
                 39.
                 
                 Hen.
                 6.
                 11.
                 b.
                 
              
               
                 And
                 thus
                 much
                 hath
                 beene
                 said
                 of
                 the
                 taking
                 vpon
                 them
                 of
                 the
                 charge
                 of
                 the
                 Arbitrement
                 .
              
               
                 Now
                 resteth
                 it
                 likewise
                 to
                 speake
                 of
                 the
                 Authority
                 
                 of
                 the
                 Arbitrators
                 themselues
                 :
                 which
                 is
                 ,
                 as
                 before
                 is
                 declared
                 ,
                 grounded
                 vpon
                 the
                 submission
                 .
              
               
                 The
                 submission
                 or
                 comprimise
                 therefore
                 out
                 of
                 the
                 Ciuill
                 Law
                 ,
                 is
                 thus
                 defined
                 .
              
               
                 
                   Compromissum
                   est
                   simultanea
                   illa
                   partium
                   promissio
                   ,
                
                 
                 
                   qua
                   sua
                   sponte
                   ,
                   ad
                   alicuius
                   boni
                   viri
                   Arbitrium
                   suam
                   remittunt
                   controversiam
                   .
                
              
               
                 Submissions
                 are
                 in
                 two
                 manners
                 ,
                 either
                 by
                 writing
                 or
                 by
                 word
                 .
              
               
                 These
                 that
                 are
                 by
                 writing
                 ,
                 are
                 either
                 by
                 obligation
                 ,
                 or
                 by
                 couenant
                 .
              
               
                 Which
                 obligation
                 is
                 eyther
                 of
                 Record
                 ,
                 as
                 a
                 Recognizance
                 ,
                 or
                 by
                 deed
                 betweene
                 the
                 parties
                 .
              
               
                 And
                 this
                 Submission
                 by
                 writing
                 ,
                 or
                 by
                 word
                 is
                 eyther
                 absolute
                 ,
                 or
                 conditionall
                 ,
                 so
                 that
                 the
                 Award
                 be
                 deliuered
                 by
                 a
                 certaine
                 day
                 ,
                 or
                 such
                 like
                 .
              
               
                 Wherefore
                 inasmuch
                 as
                 the
                 authority
                 of
                 the
                 Arbitratour
                 is
                 deduced
                 from
                 the
                 submission
                 ,
                 it
                 followeth
                 that
                 ,
              
               
                 
                   Le
                   Arbitrement
                   que
                   est
                   fait
                   de
                   chose
                   inent
                   containe
                
                 
                 
                   in
                   le
                   submission
                   ,
                   est
                   voide
                   ,
                
                 7
                 ,
                 Hen.
                 6
                 ,
                 40
                 ,
                 b.
                 19
                 ,
                 Hen.
                 6
                 ,
                 38
                 ,
                 
                   b.
                   Forsc
                
                 .
                 9
                 ,
                 Ed.
                 4
                 ,
                 44
                 ,
                 
                   a.
                   Chock
                
                 .
                 19
                 ,
                 Ed.
                 4
                 ,
                 1
                 ,
                 
                   a.
                   Neele
                
                 .
                 7
                 ,
                 8
                 ,
                 Eliz.
                 242
                 ,
                 b
                 ,
                 52.
                 
              
               
                 
                   Mes
                   si
                   le
                   submission
                   est
                   de
                   chose
                   personales
                   Arbitrators
                
                 
                 
                   poient
                   agard
                   ,
                   que
                   vn
                   des
                   parties
                   fera
                   act
                   que
                   est
                   de
                   chose
                   real
                   in
                   satisfaction
                   del
                   personal
                   tort
                   .
                
                 9
                 ,
                 Ed.
                 4
                 ,
                 44
                 ,
                 
                   a
                   ,
                   Brian
                
                 .
              
               
                 
                   Si
                   le
                   submission
                   soit
                   de
                   chose
                   real
                   ,
                   les
                   arbitratours
                
                 
                 
                   poient
                   agard
                   satisfaction
                   deste
                   fait
                   de
                   chose
                   personal
                   ,
                
                 9
                 ,
                 Ed.
                 4
                 ,
                 44
                 ,
                 
                   a
                   ,
                   Brial
                
                 .
              
               
                 
                   Si
                   les
                   arbitratours
                   agard
                   ,
                   que
                   vn
                   des
                   parties
                   fera
                
                 
                 
                   act
                   al
                   estranger
                   ,
                   come
                   feofment
                   ,
                   ou
                   tiels
                   sembles
                   ,
                   tel
                   
                   Arbitrement
                   est
                   void
                   ,
                
                 22
                 ,
                 Hen.
                 6
                 ,
                 46
                 ,
                 b.
                 17
                 ,
                 Ed.
                 4
                 ,
                 23
                 ,
                 
                   a
                   ,
                   Catesby
                
                 .
                 19
                 ,
                 Ed
                 4
                 ,
                 1
                 ,
                 
                   b
                   ,
                   Brian
                
                 .
                 5
                 ,
                 Hen.
                 7
                 ,
                 22
                 ,
                 b.
                 
              
               
                 
                   Si
                   le
                   submission
                   soit
                   dune
                   chose
                   ,
                   le
                   Arbitrement
                
                 
                 
                   poit
                   esse
                   fait
                   de
                   chose
                   incident
                   a
                   ceo
                   .
                
                 8
                 ,
                 Hen.
                 6
                 ,
                 18
                 ,
                 b.
                 19
                 ,
                 Ed.
                 4
                 ,
                 1
                 ,
                 
                   a
                   ,
                   Chock
                   .
                   ver
                
                 .
                 9
                 ,
                 Hen.
                 7
                 ,
                 15
                 ,
                 b
                 ,
                 16
                 ,
                 a.
                 
              
               
                 Vpon
                 this
                 authority
                 giuen
                 to
                 the
                 Arbitrators
                 by
                 the
                 submission
                 ,
                 to
                 deale
                 in
                 manner
                 as
                 aforesaid
                 ,
                 in
                 things
                 touching
                 the
                 same
                 submission
                 .
              
               
                 It
                 ensueth
                 also
                 secundarily
                 ,
                 that
              
               
                 
                   Le
                   Arbitrator
                   est
                   un
                   Iudge
                   perenter
                   les
                   parties
                   ,
                
                 19
                 ,
                 
                 Hen.
                 6
                 ,
                 37
                 ,
                 
                   b
                   ,
                   Ascough
                
                 .
                 9
                 ,
                 Ed.
                 4
                 ,
                 43
                 ,
                 
                   b
                   ,
                   Fairf
                
                 .
                 16
                 ,
                 Ed.
                 4
                 ,
                 9
                 ,
                 
                   a
                   ,
                   leney
                   .
                   Com.
                   Fogosta
                   .
                
                 6.
                 a.
                 
              
               
                 Wherefore
                 likewise
                 it
                 ensueth
                 that
                 the
                 Arbitrator
                 being
                 a
                 Iudge
                 cannot
                 transferre
                 that
                 his
                 Iudiciall
                 authority
                 to
                 any
                 other
                 .
              
               
                 And
                 therefore
                 ,
              
               
                 
                   Si
                   le
                   Arbitrement
                   soit
                   ,
                   que
                   les
                   parties
                   estoiera
                   al
                   Arbitrement
                
                 
                 
                   dun
                   estranger
                   ;
                   ceo
                   nest
                   bone
                   agard
                   ,
                
                 47
                 ,
                 Ed.
                 3
                 ,
                 21
                 ,
                 
                   a
                   ,
                   Cont.
                
                 8
                 ,
                 Ed
                 ,
                 4
                 ,
                 10
                 ,
                 11
                 ,
                 a.
                 
              
               
                 
                   Mes
                   si
                   l'estranger
                   ad
                   sait
                   un
                   Arbitrement
                   deuent
                
                 
                 
                   perenter
                   les
                   dits
                   parties
                   ,
                   le
                   Agard
                   pur
                   estoier
                   a
                   tiel
                   Arbitrement
                   del
                   estranger
                   est
                   bone
                   ,
                
                 39
                 ,
                 Hen.
                 6
                 ,
                 10
                 ,
                 a
                 ,
                 11
                 ,
                 a.
                 
              
               
                 
                   Mes
                   si
                   le
                   Arbitrement
                   soit
                   que
                   les
                   parties
                   performera
                
                 
                 
                   le
                   Agard
                   dune
                   auter
                   deuant
                   sait
                   perenter
                   mesmes
                   les
                   parties
                   ,
                   lou
                   in
                   verity
                   nest
                   ascun
                   tel
                   agard
                   :
                   uncore
                   cest
                   Arbitrement
                   est
                   bone
                   prima
                   facie
                   tanque
                   soit
                   nostre
                   que
                   nest
                   tiel
                   agard
                   ,
                
                 39
                 ,
                 Hen.
                 6
                 ,
                 12
                 ,
                 
                   a
                   ,
                   Prisot
                
                 .
              
               
                 
                   Mes
                   uncore
                   si
                   le
                   Arbitrement
                   soit
                   ,
                   que
                   une
                   act
                   limit
                
                 
                 
                   per
                   le
                   Agard
                   sera
                   fait
                   per
                   le
                   aduise
                   &
                   counseil
                   d'une
                   auter
                   person
                   ,
                   tiel
                   Agard
                   est
                   bone
                   ,
                
                 8
                 ,
                 Ed.
                 4
                 ,
                 11
                 ,
                 a.
                 14
                 ,
                 Ed.
                 4
                 ,
                 1
                 ,
                 
                   a
                   ,
                   Chock
                
                 .
              
               
               
                 
                   Mes
                   si
                   le
                   Agard
                   soit
                   ,
                   que
                   le
                   act
                   sera
                   fait
                   per
                   le
                   Advise
                
                 
                 
                   del
                   Arbitratour
                   mesme
                   apres
                   le
                   Agard
                   rendu
                   sur
                   tel
                   Agard
                   nest
                   bone
                   ,
                   19
                   ,
                   Ed.
                   4
                   ,
                   1
                   ,
                   a
                   ,
                   Chock
                   .
                
              
               
                 
                   Si
                   les
                   parties
                   eux
                   submit
                   al
                   Agard
                   de
                   certaine
                   persons
                   ,
                
                 
                 
                   &
                   sil
                   ne
                   poient
                   agree
                   ,
                   donque
                   al
                   ordinance
                   dun
                   auter
                   come
                   umpier
                   si
                   les
                   Arbitratours
                   font
                   agard
                   de
                   parcel
                   ,
                   umpier
                   ne
                   fera
                   agard
                   del
                   auter
                   parcel
                   remnans
                   ,
                   39
                   ,
                   Hen.
                   6
                   ,
                   10
                   ,
                   a
                   ,
                   b.
                   
                
              
               
                 
                   Mes
                   si
                   le
                   submission
                   soit
                   tiel
                   que
                   le
                   umpier
                   fera
                   Agard
                
                 
                 
                   del
                   tout
                   ou
                   parte
                   ,
                   donque
                   il
                   poit
                   faire
                   Agard
                   de
                   cest
                   parte
                   ,
                   ouesque
                   que
                   les
                   Arbitratours
                   nauont
                   meddle
                   ,
                   39.
                   
                   Hen.
                   6.
                   11.
                   b.
                   Prisot
                   .
                
              
               
                 Now
                 as
                 touching
                 the
                 duty
                 of
                 the
                 Abitratours
                 .
                 First
              
               
                 
                   Les
                   duties
                   des
                   parties
                   est
                   a
                   vener
                   devant
                   les
                   Arbitratours
                
                 
                 
                   &
                   mre
                   lour
                   grieues
                
                 .
              
               
                 1
                 Et
                 le
                 Arbitratour
                 doit
                 eux
                 oir
                 .
              
               
                 2
                 Et
                 solonque
                 ceo
                 adiudge
                 ,
                 ou
                 auterment
                 il
                 nest
                 bone
                 Iudge
                 ,
                 8
                 ,
                 Ed.
                 4
                 ,
                 10
                 ,
                 a
                 ,
                 Billinge
                 .
              
               
                 Those
                 which
                 affect
                 the
                 Method
                 of
                 Ramus
                 (
                 that
                 is
                 to
                 begin
                 with
                 the
                 efficient
                 cause
                 ,
                 as
                 here
                 ,
                 with
                 Arbitratour
                 )
                 rather
                 then
                 that
                 which
                 is
                 vsually
                 prosecuted
                 by
                 the
                 Interpretors
                 of
                 Aristotle
                 (
                 namely
                 to
                 begin
                 first
                 with
                 the
                 matter
                 and
                 forme
                 ,
                 which
                 wee
                 hitherunto
                 haue
                 endeauoured
                 to
                 follow
                 )
                 may
                 heere
                 adde
                 to
                 ,
                 the
                 second
                 part
                 of
                 the
                 duty
                 of
                 an
                 Arbitratour
                 (
                 that
                 is
                 ,
                 to
                 that
                 which
                 hath
                 beene
                 here
                 said
                 of
                 this
                 Iudiciall
                 Authority
                 and
                 Iudgement
                 )
                 as
                 much
                 as
                 hath
                 beene
                 before
                 ,
                 first
                 of
                 all
                 ,
                 shewed
                 by
                 vs
                 ,
                 touching
                 the
                 Materiall
                 and
                 Formall
                 causes
                 and
                 the
                 Groundes
                 and
                 Rules
                 incident
                 thereupon
                 .
              
               
                 But
                 neuerthelesse
                 ,
                 to
                 proceed
                 with
                 our
                 intended
                 
                 enterprise
                 ,
                 touching
                 the
                 third
                 part
                 of
                 the
                 duty
                 of
                 an
                 Arbitrator
                 ,
                 viz.
                 the
                 publishing
                 or
                 notifying
                 of
                 his
                 Award
                 ,
                 It
                 is
                 to
                 be
                 considered
                 that
                 the
                 publishing
                 or
                 notifying
                 of
                 an
                 Award
                 is
                 either
                 prouided
                 for
                 and
                 ordained
                 by
                 the
                 submission
                 it selfe
                 ;
                 or
                 else
                 it
                 is
                 left
                 and
                 permitted
                 to
                 the
                 discretion
                 of
                 the
                 Arbitratour
                 .
              
               
                 If
                 it
                 be
                 prouided
                 for
                 ,
                 by
                 the
                 submission
                 ;
                 for
                 the
                 most
                 part
                 it
                 is
                 in
                 this
                 manner
                 ,
                 that
                 either
                 the
                 same
                 Award
                 made
                 be
                 notified
                 to
                 the
                 parties
                 ,
                 or
                 some
                 of
                 them
                 ;
                 and
                 that
                 ,
                 either
                 by
                 a
                 certaine
                 day
                 or
                 time
                 ,
                 or
                 else
                 without
                 limitation
                 of
                 any
                 time
                 .
              
               
                 As
                 concerning
                 therefore
                 the
                 deliuery
                 of
                 the
                 Award
                 ,
                 their
                 is
                 to
                 be
                 noted
                 ;
                 that
                 where
                 such
                 prouision
                 is
                 made
                 of
                 notification
                 by
                 the
                 submission
                 ,
                 that
                 then
                 ;
              
               
                 
                   Arbitrement
                   nest
                   Arbitrement
                   deuant
                   que
                   il
                   soit
                
                 
                 
                   pronounce
                   .
                   8.
                   
                   Edw.
                   4.
                   21.
                   b.
                   Chock
                   .
                
              
               
                 
                   Lou
                   per
                   le
                   submission
                   est
                   ordaine
                   ou
                   prouide
                   condicionalment
                   ,
                
                 
                 
                   que
                   le
                   agard
                   soit
                   deliuer
                   ,
                   ceo
                   nest
                   ascun
                   Arbitrement
                   in
                   ley
                   deuant
                   que
                   il
                   soit
                   deliuer
                   in
                   fait
                   .
                   8
                   Edw.
                   4.
                   11.
                   
                   Yeluerton
                   .
                   8.
                   
                   Edw.
                   4.
                   21.
                   a.
                   Chock
                   .
                   vide
                   .
                   1.
                   
                   Hen.
                   7.
                   5.
                   a.
                   37.
                   
                   Hen.
                   8.
                   
                   Browne
                   ,
                   Condicions
                   46.
                   
                
              
               
                 
                   Mes
                   si
                   le
                   submission
                   soit
                   que
                   le
                   agard
                   sera
                   deliuere
                
                 
                 
                   al
                   parties
                   &c.
                   deuant
                   vn
                   iour
                   hoc
                   petentibus
                   ,
                   mes
                   nul
                   certaine
                   iour
                   limit
                   quand
                   doibt
                   este
                   deliuer
                   les
                   parties
                   doient
                   prender
                   notice
                   del
                   agarda
                   lour
                   perill
                   .
                   8.
                   
                   Edw.
                   4.
                   1.
                   8.
                   21.
                   
                   &c.
                   
                
              
               
                 
                   Si
                   diuers
                   d'un
                   party
                   &
                   diuers
                   de
                   auter
                   party
                   submit
                
                 
                 
                   eux
                   al
                   Arbitrement
                   de
                   vn
                   auter
                   ,
                   prouise
                   ,
                   que
                   il
                   soit
                   deliuer
                   al
                   parties
                   ,
                   ou
                   a
                   vn
                   de
                   eux
                   :
                   ne
                   besoign
                   al
                   Arbitratour
                   a
                   deliuer
                   ceo
                   a
                   ambideux
                   del
                   vn
                   party
                   ou
                   a
                   vn
                   de
                   chacuns
                   partie
                   :
                   mes
                   suffist
                   si
                   soit
                   deliuer
                   
                   al
                   aseun
                   des
                   dits
                   parties
                   4.
                   5.
                   
                   Eliz.
                   218.
                   b.
                   5.
                   
                
              
               
                 
                   Si
                   le
                   submission
                   soit
                   que
                   le
                   Arbitrement
                   sera
                   deliuer
                
                 
                 
                   Deuant
                   tiel
                   iour
                   ,
                   il
                   poet
                   cy
                   bien
                   este
                   deliuer
                   per
                   parol
                   come
                   per
                   fait
                   :
                   si
                   non
                   que
                   le
                   submission
                   soit
                   que
                   il
                   sera
                   per
                   fait
                   .
                   4.
                   5.
                   
                   Eliz.
                   218
                   b.
                   5.
                   
                
              
               
                 
                   Si
                   le
                   submission
                   soit
                   que
                   le
                   Arbitremnt
                   sera
                   deliuer
                
                 
                 
                   ceo
                   poet
                   este
                   fait
                   in
                   vn
                   County
                   ,
                   &
                   deliuer
                   in
                   auter
                   County
                   .
                   5.
                   
                   Hen.
                   7.
                   7.
                   a.
                   
                
              
               
                 
                   Si
                   le
                   submission
                   soit
                   per
                   fait
                   ,
                   &
                   le
                   temps
                   pas
                   in
                   que
                
                 
                 
                   le
                   Arbitrement
                   do
                   et
                   este
                   fait
                   ,
                   les
                   parties
                   ne
                   poient
                   proroge
                   le
                   temps
                   ouster
                   pur
                   faire
                   le
                   agard
                   sans
                   nouel
                   submission
                   a
                   tel
                   extent
                   .
                   49
                   Edw.
                   3.
                   9.
                   a.
                   
                
              
               
                 
                   Mes
                   si
                   le
                   submission
                   soit
                   sans
                   fait
                   ,
                   les
                   parties
                   poient
                
                 
                 
                   proroge
                   le
                   temps
                   que
                   fnt
                   done
                   pur
                   faire
                   le
                   agard
                   .
                   49
                   Ed.
                   3.
                   9.
                   
                   Fitzh
                   .
                   agard
                   .
                   22.
                   
                
              
               
                 
                   Si
                   les
                   Arbitratours
                   font
                   lour
                   agard
                   per
                   enter
                   les
                
                 
                 
                   parties
                   vn
                   iour
                   ,
                   ils
                   ne
                   poient
                   faire
                   auter
                   agard
                   per
                   enter
                   les
                   parties
                   vn
                   auter
                   iour
                   ,
                   coment
                   que
                   le
                   temps
                   don
                   per
                   le
                   submission
                   ne
                   soit
                   expire
                   .
                   22.
                   
                   Hen.
                   6.
                   52.
                   a.
                   vide
                   .
                   33.
                   
                   Hen.
                   6.
                   28.
                   b.
                   
                
              
               
                 
                   Arbitrement
                   ne
                   Poet
                   este
                   fait
                   parte
                   a
                   vn
                   temps
                   ,
                   et
                
                 
                 
                   parte
                   al
                   auter
                   ,
                   coment
                   que
                   soit
                   deins
                   le
                   temps
                   del
                   submission
                   .
                   39.
                   
                   Hen.
                   6.
                   12.
                   a.
                   Danby
                   .
                   8.
                   
                   Edw.
                   4.
                   10.
                   b.
                   Fairfax
                   19.
                   
                   Edw.
                   4.
                   1.
                   a.
                   Chocke
                   vide
                   .
                   3.
                   
                   Hen.
                   4.
                   1.
                   b.
                   
                
              
               
                 
                   Mes
                   les
                   Arbitratours
                   poient
                   Common
                   enter
                   eux
                
                 
                 
                   mesmes
                   ,
                   &
                   agree
                   sur
                   vn
                   chose
                   vn
                   iour
                   ,
                   &
                   de
                   aute
                   chose
                   auter
                   iour
                   ,
                   &
                   in
                   le
                   fine
                   faire
                   vne
                   entire
                   agard
                   de
                   tout
                   :
                   Et
                   ceo
                   est
                   bone
                   .
                   47.
                   
                   Edw.
                   3.
                   21.
                   a.
                   39.
                   
                   Hen.
                   6.
                   12.
                   a.
                   Danby
                   .
                
              
               
                 
                   Si
                   Arbitratours
                   agard
                   vn
                   chose
                   de
                   vne
                   parte
                   ,
                   &
                
                 
                 
                   deuant
                   que
                   ils
                   poient
                   agree
                   de
                   lour
                   agard
                   del
                   remnant
                   ,
                   le
                   temps
                   done
                   par
                   le
                   submission
                   expire
                   ;
                   tout
                   lour
                   agard
                   
                   est
                   voide
                   .
                   39.
                   
                   Hen.
                   6.
                   12.
                   
                   a
                   Prisot
                   .
                
              
               
                 But
                 if
                 there
                 be
                 by
                 the
                 submission
                 no
                 order
                 taken
                 for
                 the
                 Deliuery
                 or
                 Publication
                 of
                 the
                 Award
                 ;
              
               
                 Then
              
               
                 
                   In
                   honesty
                   &
                   Conscience
                   le
                   Arbitratour
                   est
                   tenus
                
                 
                 
                   de
                   faire
                   notice
                   al
                   parties
                   de
                   ceo
                   .
                   vide
                   .
                   8.
                   
                   Edw.
                   4.
                   10.
                   a.
                   Billinge
                   .
                   vide
                   .
                   8.
                   
                   Edw.
                   4.
                   2.
                   a.
                   b.
                   Markham
                   .
                
              
               
                 
                   Mes
                   in
                   rigore
                   Iuris
                   l'arbitrement
                   mesme
                   est
                   intend
                
                 
                 
                   chose
                   Notorious
                   .
                   8.
                   
                   Edw.
                   4.
                   1.
                   b.
                   Chock
                   .
                   8.
                   
                   Edw.
                   4.
                   21.
                   b.
                   Chock
                   .
                
              
               
                 
                   Et
                   per
                   ceo
                
                 .
              
               
                 
                   Parties
                   al
                   Arbitrement
                   sont
                   tenus
                   de
                   prender
                   notice
                   del
                   agard
                   a
                   lour
                   peril
                   .
                   8.
                   
                   Edw.
                   4.
                   1.
                   8.
                   21.
                   18.
                   
                
                 
                 
                   Edw.
                   4.
                   18.
                   a.
                   1.
                   
                   Hen.
                   7.
                   5.
                   a.
                   
                
              
               
                 
                   Coment
                   que
                   les
                   Parties
                   ne
                   sont
                   dauer
                   Notice
                   done
                   a
                
                 
                 
                   eux
                   de
                   L'arbitrement
                   ,
                   vncore
                   si
                   les
                   Arbitratonrs
                   agard
                   que
                   un
                   des
                   parties
                   fera
                   act
                   que
                   depend
                   sur
                   auter
                   primes
                   deste
                   faite
                   del
                   auter
                   partie
                   ,
                   de
                   ceo
                   il
                   auer
                   notice
                   8.
                   
                   Edw.
                   4.
                   21.
                   b.
                   20.
                   
                   Edw.
                   4.
                   8.
                   b.
                   Sulliard
                   .
                
              
               
                 Hitherto
                 hath
                 beene
                 said
                 of
                 such
                 matters
                 where
                 the
                 Arbitratours
                 haue
                 executed
                 their
                 Authoritie
                 without
                 controull
                 of
                 the
                 parties
                 :
                 But
                 if
                 ,
                 before
                 any
                 Award
                 made
                 ,
                 their
                 Authoritie
                 shall
                 be
                 Lawfully
                 Countermanded
                 .
                 Then
                 doth
                 there
                 remaine
                 in
                 this
                 place
                 to
                 be
                 considered
                 .
              
               
                 1.
                 
                 Whether
                 such
                 Countermaunds
                 be
                 permitted
                 by
                 the
                 Law.
                 
              
               
                 2.
                 
                 And
                 in
                 what
                 Cases
                 not
                 .
              
               
                 3.
                 
                 And
                 also
                 in
                 what
                 manner
                 the
                 same
                 is
                 to
                 be
                 done
                 .
              
               
                 Wherefore
              
               
                 
                   Si
                   le
                   submission
                   soit
                   sans
                   fait
                   ,
                   chescun
                   des
                   partes
                
                 
                 
                 
                   poit
                   countermand
                   &
                   discharge
                   les
                   Arbitratours
                   .
                
                 49.
                 
                 Edw.
                 3.
                 
                   vide
                   Fitzherbert
                   Arbitrement
                
                 21.
                 21.
                 
                 Hen.
                 6.
                 30.
                 a.
                 28.
                 
                 Hen.
                 6.
                 6.
                 b.
                 5.
                 
                 Edw.
                 4.
                 3.
                 b.
                 8.
                 
                 Edw.
                 4.
                 10.
                 b.
                 
              
               
                 
                   Mes
                   donque
                   les
                   parties
                   doient
                   doner
                   Notice
                   al
                
                 
                 
                   Arbitratours
                   del
                   dit
                   discharge
                
                 .
                 8.
                 
                 Edw.
                 4.
                 10.
                 
                   b.
                   Markham
                
                 8.
                 
                 Edw.
                 4.
                 12.
                 
                   a.
                   Lakyn
                
                 .
              
               
                 
                   Mes
                   si
                   diuers
                   d'vn
                   part
                   &
                   diuerse
                   d'auter
                   partie
                
                 
                 
                   eux
                   submit
                   al
                   Arbitrement
                   sans
                   fait
                   ,
                   vn
                   del
                   vne
                   parte
                   ne
                   poet
                   discharge
                   le
                   Arbitratour
                   sans
                   les
                   auters
                   son
                   Compagnons
                   de
                   mesme
                   le
                   partie
                   .
                
                 28
                 Hen.
                 6.
                 b.
                 
              
               
                 
                   Mes
                   si
                   le
                   submission
                   soit
                   per
                   fait
                   vn
                   des
                   parties
                   ne
                
                 
                 
                   poit
                   Countremaund
                   les
                   Arbitratours
                
                 .
                 49
                 Edw.
                 3.
                 
                 
                   Fitzh
                   .
                   Arbitrement
                
                 22.
                 
                   nient
                   in
                   le
                   liuer
                   a
                   large
                   .
                
                 5.
                 
                 Edw.
                 4.
                 3.
                 b.
                 8.
                 
                 Edw.
                 4.
                 11.
                 
                   b.
                   Pigott
                
                 .
              
               
                 The
                 last
                 cause
                 of
                 the
                 fower
                 before
                 remembred
                 
                 being
                 the
                 Finall
                 Cause
                 (
                 that
                 is
                 )
                 the
                 end
                 and
                 scope
                 wherefore
                 men
                 do
                 submitte
                 themselues
                 vnto
                 the
                 Arbitrement
                 and
                 Award
                 of
                 any
                 person
                 ,
                 consisteth
                 vpon
                 two
                 things
                 .
              
               
                 1.
                 
                 
                   Chacun
                   Arbitrement
                   est
                   a
                   faire
                   final
                   determination
                   &
                   de
                   appeaser
                   le
                   strifes
                   ,
                   debates
                   &
                   variances
                
                 
                 
                   enter
                   les
                   parties
                
                 .
                 19.
                 
                 Hen.
                 6.
                 37.
                 
                   b.
                   Newton
                
                 .
                 8.
                 
                 Edw.
                 4.
                 10.
                 
                   a.
                   Lakyn
                
                 .
                 8.
                 
                 Edw.
                 4.
                 12.
                 
                   b.
                   Yeluerton
                
                 .
              
               
                 2.
                 
                 
                   Chacune
                   Arbitrement
                   est
                   a
                   reducer
                   chose
                   incertaine
                
                 
                 
                   a
                   vne
                   aertainetie
                   &
                   nemy
                   a
                   reducer
                   vn
                   certainty
                   in
                   auter
                   certainetie
                
                 6.
                 
                 Hen.
                 4.
                 6
                 
                   a.
                   Hankford
                
                 .
                 4.
                 
                 Hen.
                 6.
                 17.
                 
                   b.
                   Weston
                
                 .
                 10.
                 
                 Hen.
                 7.
                 4.
                 a.
                 
              
               
                 Thus
                 much
                 hath
                 beene
                 said
                 as
                 touching
                 the
                 Causes
                 .
              
               
                 Now
                 as
                 concerning
                 the
                 Genus
                 or
                 Generall
                 Notion
                 in
                 the
                 former
                 definition
                 of
                 an
                 Arbitrement
                 ,
                 It
                 
                 is
                 to
                 be
                 considered
                 ,
                 That
              
               
                 
                   Chescun
                   Arbitrement
                   est
                   vn
                   Iudgement
                
                 .
                 8.
                 
                 Edw.
                 
                 4.
                 1.
                 
                   b.
                   Fairefax
                
                 .
                 8.
                 
                 Edw.
                 4.
                 10.
                 
                   a.
                   Ieney
                
                 .
                 21.
                 
                 Edw.
                 4
                 39.
                 
                   a.
                   Vauasour
                
                 .
              
               
                 Because
                 the
                 speciall
                 difference
                 vsed
                 in
                 the
                 said
                 former
                 definition
                 of
                 an
                 Award
                 ,
                 was
                 this
                 ,
                 That
                 it
                 was
                 giuen
                 by
                 Iudges
                 elected
                 by
                 the
                 parties
                 and
                 not
                 by
                 Compulsary
                 Iurisdiction
                 of
                 the
                 Court
                 ,
                 thereof
                 enseweth
                 ,
                 that
              
               
                 
                   Il
                   est
                   diuersitie
                   lou
                   home
                   est
                   Iudge
                   per
                   authorite
                
                 
                 
                   del
                   ley
                   ,
                   &
                   per
                   Election
                   del
                   partie
                   mesme
                   :
                   Car
                   Iudge
                   de
                   Record
                   ne
                   doner
                   Iudgement
                   vers
                   les
                   parties
                   ,
                   sinonque
                   ils
                   sont
                   appells
                   deuant
                   eux
                   per
                   proces
                   del
                   ley
                   :
                   Mes
                   autrement
                   est
                   dun
                   Arbitratour
                   que
                   est
                   Iudge
                   per
                   enter
                   les
                   parties
                   .
                
                 8.
                 
                 Ed.
                 4.
                 2.
                 
                   a.
                   Illing
                   sworth
                
                 .
              
               
                 Of
                 this
                 also
                 ensueth
                 ,
                 that
                 whereas
                 euery
                 Iudgement
                 of
                 Record
                 shall
                 be
                 executed
                 literally
                 ,
                 according
                 to
                 the
                 warrant
                 issuing
                 out
                 of
                 the
                 Record
                 ,
                 vpon
                 and
                 for
                 the
                 executing
                 of
                 the
                 said
                 Iudgement
                 ;
                 Yet
                 neuerthelesse
                 .
              
               
                 
                   Chescune
                   Arbitrement
                   doit
                   este
                   expound
                   et
                   intend
                
                 
                 
                   accordant
                   al
                   intent
                   des
                   Arbitratours
                   ,
                   &
                   ne
                   my
                   Literalment
                   .
                
                 17.
                 
                 Edw.
                 4.
                 3.
                 
                 Brian
                 .
                 21.
                 
                 Edw.
                 4.
                 39.
                 
                   a.
                   b.
                   vide
                
                 19
                 Hen
                 6.
                 36.
                 
                   b.
                   Markham
                
                 .
              
               
                 
                   Mes
                   si
                   l'intent
                   des
                   Arbitratours
                   ne
                   estoit
                   oue
                   la
                   ley
                   :
                
                 
                 
                   donque
                   les
                   parties
                   ceo
                   performera
                   accordant
                   eux
                   parolls
                   in
                   tiel
                   sence
                   que
                   agree
                   ove
                   le
                   ley
                   .
                
                 21.
                 
                 Edw.
                 4.
                 39.
                 
                   b.
                   Fairefax
                
                 .
              
               
                 The
                 Causes
                 of
                 an
                 Arbitrement
                 being
                 thus
                 deciphered
                 ,
                 there
                 followeth
                 next
                 the
                 Consideration
                 of
                 the
                 effects
                 thereof
                 .
              
               
                 The
                 Effects
                 of
                 an
                 Arbitrement
                 are
                 these
                 which
                 do
                 ensue
                 .
              
               
               
                 
                   Per
                   Arbitrement
                   le
                   Controuersie
                   transit
                   in
                   rem
                
                 
                 Iudicatam
                 .
                 49.
                 
                 Edw.
                 3.
                 3.
                 
                   a.
                   Hanmer
                
                 .
                 20.
                 
                 Hen.
                 6.
                 41.
                 
                   a.
                   Paston
                
                 .
                 9.
                 
                 Edw.
                 4.
                 51.
                 
                   a.
                   Danby
                
                 .
                 6.
                 
                 Hen.
                 7.
                 11.
                 
                   b.
                   Hussey
                   .
                   Com
                   fogassa
                
                 .
                 6.
                 a.
                 
              
               
                 
                   Et
                   pur
                   ceo
                
              
               
                 
                   Lou
                   le
                   party
                   port
                   action
                   pur
                   le
                   tort
                   a
                   luy
                   fait
                   ,
                   est
                
                 
                 
                   bone
                   Plea
                   que
                   il
                   eux
                   submit
                   al
                   Arbitrement
                   de
                   tiels
                   ;
                   qui
                   agard
                   que
                   il
                   paieratant
                   &c
                   mes
                   le
                   iour
                   de
                   payment
                   ,
                   de
                   ceo
                   nest
                   vn
                   core
                   venu
                   .
                
                 6.
                 
                 Hen.
                 7.
                 11.
                 
                   b.
                   Hussey
                
                 .
                 9.
                 
                 Edw.
                 4.
                 51
                 ,
                 
                   a.
                   Chock
                
                 .
                 20.
                 
                 Hen.
                 6.
                 12.
                 
                   b.
                   Newt
                
                 .
                 20
                 Hen.
                 6.
                 40.
                 
                   a.
                   b.
                   Paston
                
                 28.
                 
                 Hen.
                 6.
                 12.
                 5.
                 
                 Edw.
                 4.
                 7.
                 a.
                 
              
               
                 
                   Mes
                   si
                   le
                   iour
                   de
                   payment
                   soit
                   pass
                   ,
                   il
                   doit
                   monstre
                
                 
                 
                   que
                   il
                   tender
                   les
                   deniers
                   al
                   iour
                   ,
                   &
                   que
                   il
                   est
                   vncore
                   prist
                   .
                
                 8.
                 
                 Hen.
                 6.
                 25.
                 
                   b.
                   Martin
                
                 .
                 16.
                 
                 Edw.
                 4.
                 8.
                 
                   b.
                   Pigot
                
                 .
                 
              
               
                 Car
                 ,
              
               
                 
                   Arbitrement
                   per
                   que
                   les
                   Arbitratours
                   agard
                   ,
                   que
                
                 
                 
                   vn
                   des
                   parties
                   paiera
                   money
                   ,
                   done
                   action
                   .
                
                 15.
                 
                 Edw.
                 4.
                 7.
                 
                   a.
                   Chock
                
                 .
                 16.
                 
                 Edw.
                 4.
                 9.
                 
                   a.
                   Pygot
                
                 .
                 17.
                 
                 Edw.
                 4.
                 2.
                 
                   b.
                   Townssend
                
                 .
                 17.
                 
                 Edw.
                 4.
                 8.
                 
                   a.
                   Pigot
                   .
                   Fitzh
                   .
                   Natura
                   breuium
                   H.
                
                 121.
                 que
                 .
                 6.
                 
                 Hen.
                 7.
                 11.
                 
                   b.
                   Hussey
                
                 .
                 9.
                 
                 Edw.
                 4.
                 51.
                 
                 Danby
                 .
              
               
                 
                   Et
                   si
                   les
                   parties
                   ne
                   performe
                   L'arbitrement
                   ,
                   le
                   parte
                
                 
                 
                   est
                   restore
                   a
                   son
                   primer
                   action
                   .
                
                 49.
                 
                 Edw.
                 3.
                 3.
                 a.
                 
              
               
                 
                   Mes
                   vncore
                   est
                   a
                   son
                   Election
                   de
                   auer
                   Briefe
                   de
                   debt
                
                 
                 
                   sur
                   le
                   agard
                   ,
                   ou
                   le
                   primer
                   Action
                   .
                
                 49.
                 
                 Edw.
                 3.
                 3.
                 a.
                 33.
                 
                 Hen.
                 6.
                 2.
                 b.
                 
              
               
                 
                   Mes
                   si
                   le
                   payment
                   soit
                   fait
                   ,
                   le
                   primer
                   tort
                   est
                   tout
                
                 
                 
                   ousterment
                   determin
                   per
                   le
                   agard
                
                 4.
                 
                 Hen.
                 6.
                 1.
                 a.
                 8.
                 
                 Hen.
                 6.
                 25.
                 b.
                 21.
                 
                 Hen.
                 7.
                 28.
                 
                 b
                 :
              
               
                 
                   Ex
                   que
                   ensuit
                   auxy
                
              
               
                 
                   Si
                   les
                   Arbitratours
                   a
                   gardant
                   ,
                   que
                   vn
                   des
                   parties
                
                 
                 
                   paieratant
                   des
                   deniers
                   ,
                   Et
                   chacun
                   de
                   eux
                   est
                   ,
                   oblige
                   al
                   
                   auter
                   pur
                   estoier
                   al
                   agard
                   le
                   party
                   auera
                   action
                   sur
                   le
                   agard
                   ,
                   &
                   auxy
                   le
                   fait
                   si
                   agard
                   ne
                   soit
                   performe
                   .
                
                 21.
                 
                 Edw.
                 4.
                 41.
                 b.
                 33.
                 
                 Hen.
                 6.
                 2
                 b.
                 
              
               
                 
                   Si
                   le
                   submission
                   soit
                   per
                   paroll
                   &
                   Arbitrement
                   soit
                   que
                   vn
                   des
                   parties
                   fairont
                   vn
                   collateral
                   act
                   ,
                   auter
                   que
                
                 
                 
                   payment
                   des
                   deniers
                   ,
                   ceo
                   ne
                   done
                   action
                   ,
                   &
                   si
                   ne
                   soit
                   execute
                   in
                   fait
                   et
                   satisfie
                   ,
                   le
                   Arbitrement
                   nad
                   ascun
                   effect
                   ;
                   Et
                   tel
                   Arbitrement
                   ne
                   determyn
                   le
                   primer
                   tort
                   ,
                
                 19.
                 
                 Hen.
                 6.
                 38.
                 
                   a.
                   Newton
                
                 :
                 20.
                 
                 Hen.
                 6.
                 19.
                 
                   a.
                   Markham
                
                 .
                 5.
                 
                 Edw.
                 4.
                 7.
                 
                   a.
                   Chock
                   .
                   Comfogossa
                
                 .
                 11.
                 b.
                 
              
               
                 
                   Vncore
                   si
                   le
                   submission
                   soit
                   per
                   obligation
                   ,
                   si
                   vn
                
                 
                 
                   Collaterall
                   act
                   soit
                   agard
                   deste
                   fait
                   ;
                   si
                   ceo
                   ne
                   soit
                   performe
                   ,
                   le
                   obligacion
                   sera
                   forfeit
                   .
                
                 9.
                 
                 Edw.
                 4.
                 44.
                 a.
                 
              
               
                 Thus
                 much
                 touching
                 the
                 effects
                 of
                 an
                 Award
                 .
              
               
                 A
                 Consequent
                 thereof
                 is
                 ,
                 the
                 Performance
                 ;
                 wherin
                 we
                 are
                 to
                 Consider
                 ,
                 That
                 .
              
               
                 
                   Les
                   Parties
                   doient
                   faire
                   tout
                   ceo
                   que
                   in
                   eux
                   est
                   ceo
                
                 
                 performe
                 .
                 21.
                 
                 Edw.
                 4.
                 39.
                 
                   b.
                   Fairfax
                
                 .
              
               
                 
                   Si
                   per
                   le
                   Arbitrement
                   soit
                   agard
                   que
                   vn
                   act
                   sera
                
                 
                 
                   fait
                   le
                   quel
                   home
                   poit
                   performer
                   ,
                   in
                   deux
                   manners
                   lun
                   voy
                   per
                   luy
                   mesme
                   ,
                   et
                   per
                   l'auter
                   voy
                   il
                   doit
                   auer
                   l'aide
                   d'un
                   auter
                   person
                   :
                   le
                   party
                   doit
                   ceo
                   performer
                   per
                   tel
                   meanes
                   que
                   il
                   solement
                   poit
                   faire
                   sans
                   aid
                   de
                   l'auter
                   .
                
                 21.
                 
                 Edw.
                 4.
                 40.
                 
                 
                   b
                   :
                   Hussey
                
                 .
              
               
                 
                   Arbitrement
                   ne
                   doit
                   este
                   performe
                   in
                   part
                   ,
                   et
                   in
                   part
                
                 
                 
                   ne
                   my
                
                 .
                 6.
                 
                 Hen.
                 7.
                 10.
                 b.
                 
              
               
                 
                   Mes
                   Coment
                   que
                   Arbitrement
                   ne
                   poet
                   este
                   fait
                   per
                
                 
                 
                   les
                   Arbitraetours
                   ,
                   part
                   a
                   vne
                   temps
                   ,
                   et
                   part
                   a
                   auter
                   temps
                   :
                   vncore
                   ceo
                   poit
                   este
                   performe
                   part
                   a
                   vn
                   temps
                   et
                   parte
                   al
                   auter
                   .
                
                 8.
                 
                 Edw.
                 4.
                 10.
                 
                   b.
                   Fairfax
                
                 .
              
               
                 
                   Les
                   parties
                   aueront
                   Reasonable
                   temps
                   a
                   eux
                   allowe
                
                 
                 
                   pur
                   le
                   performer
                   ,
                   D'un
                   agard
                   ,
                   si
                   nul
                   temps
                   soit
                   limitt
                   .
                
                 
                 20.
                 
                 Edw.
                 4.
                 8.
                 b.
                 21.
                 
                 Edw.
                 4.
                 41.
                 
                   a.
                   b.
                   &c.
                
                 
              
               
                 
                   Si
                   le
                   act
                   que
                   les
                   Arbitratours
                   agard
                   que
                   l'un
                   party
                
                 
                 
                   performera
                   ,
                   ne
                   poit
                   este
                   performe
                   ,
                   denant
                   auter
                   Act
                   primes
                   fait
                   per
                   lauter
                   partie
                   ,
                   si
                   cest
                   partie
                   ne
                   fait
                   le
                   primer
                   act
                   ,
                   l'auter
                   est
                   excuse
                   .
                
                 5.
                 
                 Edw.
                 4.
                 7.
                 a.
                 
              
               
                 
                   Arbitrement
                   que
                   l'un
                   partie
                   patera
                   mony
                   ,
                   &
                   l'auter
                
                 
                 
                   fera
                   Relcas
                   ;
                   ceo
                   sera
                   fait
                   a
                   vn
                   mesme
                   temps
                   ,
                   si
                   ne
                   soit
                   obligation
                   a
                   performer
                   le
                   Agard
                   .
                
                 21.
                 
                 Hen.
                 7.
                 28.
                 
                   b.
                   Knightly
                   ,
                   &
                   Reade
                
                 .
              
               
                 
                   Mes
                   si
                   soit
                   Obligation
                   a
                   performer
                   le
                   agard
                   ,
                   donque
                
                 
                 
                   chacun
                   doit
                   performe
                   son
                   parte
                   de
                   soubs
                   le
                   peril
                   de
                   L'obligation
                   .
                
                 21.
                 
                 Hen.
                 7.
                 28.
                 
                   b.
                   Reede
                
                 .
              
               
                 
                   Si
                   Obligation
                   soit
                   fait
                   pur
                   estoier
                   al
                   Arbitrement
                
                 
                 
                   coment
                   que
                   le
                   Arbitrement
                   soit
                   void
                   in
                   Ley
                   ,
                   vncore
                   ceo
                   doit
                   este
                   performe
                   ,
                   auterment
                   le
                   Obligation
                   sera
                   forfeit
                
                 22.
                 
                 Hen.
                 8.
                 46.
                 
                   b.
                   Port.
                   per
                   Cur.
                
                 
              
               
                 
                   Mes
                   si
                   action
                   soit
                   port
                   sur
                   tel
                   void
                   Agard
                   ,
                   le
                   Action
                
                 
                 
                   ne
                   sera
                   maintaine
                
                 .
                 22.
                 
                 Hen.
                 6.
                 46.
                 
                   b.
                   Port.
                
                 
              
               
                 
                   Si
                   le
                   matter
                   Contenus
                   in
                   le
                   agard
                   ,
                   &
                   le
                   matter
                
                 
                 
                   contenus
                   in
                   le
                   submissior
                   .
                   de
                   que
                   les
                   Arbitratours
                   doient
                   agarder
                   ,
                   differt
                   in
                   parolls
                   ,
                   ou
                   in
                   circumstance
                   ,
                   les
                   parties
                   al
                   Arbitrement
                   ne
                   seront
                   receiue
                   in
                   sute
                   sur
                   ceo
                   de
                   auerrer
                   que
                   tout
                   est
                   vne
                   .
                
                 7.
                 8.
                 
                 Eliz.
                 242.
                 b.
                 52.
                 
              
               
                 Thus
                 much
                 hath
                 beene
                 spoken
                 concerning
                 Arbitrements
                 ,
                 their
                 Causes
                 ,
                 Effects
                 ,
                 and
                 Consequents
                 .
              
               
                 There
                 resteth
                 to
                 accomplish
                 our
                 intended
                 Methode
                 ,
                 that
                 we
                 adde
                 somewhat
                 touching
                 that
                 wherewith
                 an
                 Arbitrement
                 is
                 compared
                 ,
                 matched
                 and
                 resembled
                 in
                 the
                 Booke
                 Cases
                 .
              
               
                 Wherefore
                 know
                 you
                 that
                 ,
              
               
                 
                   Chacun
                   Accord
                   resemble
                   vn
                   Arbitrement
                
                 .
                 
              
               
                 
                   Vncore
                   Chacun
                   Accord
                   doit
                   este
                   satisfie
                   oue
                   Recompence
                   ;
                   
                   et
                   Accord
                   ne
                   done
                   Action
                   ;
                   leu
                   del
                   auter
                   parte
                   Arbitrement
                   pur
                   que
                   les
                   parties
                   sont
                   adiudge
                   de
                   paier
                   deniers
                   ,
                   done
                   action
                   ;
                   &
                   ne
                   besoique
                   dests
                   pledc
                   ,
                   execute
                   come
                   deuant
                   ad
                   apparus
                   .
                
                 6.
                 
                 Hen.
                 7.
                 11.
                 b.
                 5.
                 
                 Edw.
                 4.
                 7.
                 a.
                 17.
                 
                 Edw.
                 4.
                 2.
                 b.
                 17.
                 
                 Edw.
                 4.
                 8.
                 
                   a.
                   Com.
                
                 6.
                 
                   a.
                   Fogassa
                
                 .
              
               
                 And
                 thus
                 farre
                 forth
                 for
                 example
                 sake
                 ,
                 haue
                 we
                 set
                 out
                 these
                 Grounds
                 and
                 Rules
                 of
                 Arbitrements
                 .
              
               
                 Whereunto
                 if
                 there
                 were
                 added
                 ,
                 in
                 their
                 due
                 places
                 ,
                 the
                 residue
                 of
                 the
                 Rules
                 and
                 Grounds
                 which
                 may
                 be
                 collected
                 out
                 of
                 the
                 bookes
                 of
                 the
                 Law
                 concerning
                 the
                 same
                 ,
                 and
                 furnishing
                 both
                 these
                 and
                 them
                 with
                 as
                 many
                 Cases
                 as
                 might
                 be
                 applyed
                 thereunto
                 ;
                 the
                 same
                 Cases
                 being
                 put
                 at
                 large
                 vnder
                 euery
                 of
                 their
                 Rules
                 ,
                 to
                 demonstrate
                 that
                 in
                 particuler
                 ,
                 which
                 the
                 Rule
                 includeth
                 in
                 generall
                 ,
                 the
                 enterprise
                 would
                 proue
                 (
                 as
                 I
                 thinke
                 )
                 some
                 shew
                 of
                 a
                 Treatise
                 ,
                 concerning
                 this
                 Title
                 .
              
               
                 Which
                 being
                 no
                 hard
                 thing
                 to
                 accomplish
                 ,
                 thereby
                 would
                 appeare
                 that
                 it
                 were
                 neither
                 vnpossible
                 neither
                 vnprofitable
                 ,
                 nor
                 altogether
                 vnpleasant
                 ,
                 to
                 reduce
                 euery
                 title
                 of
                 the
                 Law
                 particularly
                 to
                 a
                 Methode
                 ;
                 and
                 so
                 consequently
                 ,
                 the
                 whole
                 body
                 thereof
                 into
                 a
                 perfect
                 shape
                 ,
                 which
                 now
                 seemeth
                 wholly
                 without
                 Conformitie
                 ,
                 and
                 altogether
                 dismembred
                 .
              
               
                 Wherefore
                 now
                 ,
                 as
                 touching
                 the
                 Materiall
                 Cause
                 of
                 Rules
                 and
                 Grounds
                 ,
                 thus
                 much
                 said
                 ,
                 may
                 suffice
                 .
              
            
             
               
               
                 Formall
                 Causes
                 and
                 Grounds
                 of
                 the
                 Law.
                 
              
               
                 THe
                 diuisions
                 of
                 Grounds
                 of
                 the
                 Law
                 ,
                 as
                 touching
                 and
                 concerning
                 the
                 forme
                 ,
                 are
                 in
                 sorte
                 to
                 be
                 Considered
                 .
                 1.
                 
                 First
                 ,
                 the
                 Coherence
                 of
                 the
                 words
                 and
                 the
                 Matter
                 .
                 2.
                 
                 Secondly
                 ,
                 the
                 manner
                 of
                 the
                 Manifestation
                 thereof
                 .
              
               
                 For
                 the
                 Coherence
                 of
                 the
                 Matter
                 and
                 wordes
                 ,
                 there
                 are
                 to
                 be
                 regarded
                 these
                 two
                 qualities
                 .
              
               
                 1.
                 
                 First
                 ,
                 Veritie
                 and
              
               
                 2.
                 
                 Secondly
                 Amplitude
                 or
                 Generalitie
                 .
              
               
                 Veritie
                 of
                 Propositions
                 or
                 Grounds
                 consisteth
                 of
                 two
                 sorts
                 :
                 For
                 they
                 import
                 either
                 a
                 necessarie
                 or
                 knowne
                 truth
                 which
                 cannot
                 be
                 impugned
                 :
                 Or
                 Contingent
                 Veritie
                 or
                 Probabilitie
                 ,
                 which
                 may
                 sometimes
                 notwithstanding
                 their
                 shew
                 of
                 truth
                 ,
                 be
                 impeached
                 of
                 falsehood
                 ,
                 and
                 so
                 be
                 subiect
                 vnto
                 many
                 exceptions
                 :
              
               
                 The
                 former
                 of
                 these
                 are
                 called
                 Primarie
                 Conclusions
                 of
                 Reason
                 .
                 And
                 the
                 later
                 Secondarie
                 Principles
                 .
              
               
                 1.
                 
                 Those
                 of
                 the
                 first
                 sort
                 are
                 such
                 generall
                 assertions
                 of
                 the
                 Law
                 ,
                 as
                 are
                 imprinted
                 in
                 the
                 minde
                 of
                 euery
                 Man
                 ,
                 and
                 discerned
                 by
                 the
                 light
                 of
                 very
                 Nature
                 it selfe
                 :
                 which
                 ,
                 as
                 most
                 certaine
                 and
                 vndoubted
                 ,
                 neede
                 no
                 Confirmation
                 or
                 fortification
                 ,
                 but
                 of
                 themselues
                 are
                 most
                 sufficiently
                 knowne
                 to
                 be
                 true
                 and
                 not
                 impugnable
                 :
                 which
                 the
                 Philosophers
                 doe
                 call
                 ,
                 
                   Primò
                   &
                   per
                   se
                   cognita
                   ;
                   Communes
                   animi
                   Conceptiones
                   &
                   Notitiae
                   ,
                
                 familiar
                 to
                 the
                 Conceipt
                 of
                 euery
                 person
                 .
              
            
             
               
               
                 Notes
                 Collected
                 touching
                 the
                 Veritie
                 of
                 Principles
                 .
              
               
                 
                   PRincipiorum
                   .
                   Alia
                   sunt
                   necessaria
                   ,
                   Alia
                   in
                   rebus
                
                 
                 
                   contingentibus
                   cernuntur
                   .
                   Axioma
                   verum
                   ,
                   est
                   ,
                   quando
                   pronunciat
                   vt
                   Res
                   est
                   .
                
              
               
                 
                   Axioma
                   verum
                   est
                   ,
                   aut
                
                 
                   
                     
                       Contingens
                       :
                       
                    
                     
                       Necessitans
                       .
                    
                  
                
              
               
                 
                   Necessarium
                   Axioma
                   ,
                   quando
                   Semper
                   verum
                   est
                
                 ;
                 
                 
                   nec
                   falsum
                   esse
                   potest
                   .
                   Vnde
                   Aristoteles
                   ,
                   Vera
                   quidem
                   sunt
                   &
                   perspicua
                   ea
                   ,
                   quae
                   non
                   ab
                   alijs
                   sed
                   à
                
                 
                 
                   seipsis
                   fidem
                   habent
                
                 .
              
            
             
               
                 De
                 primis
                 Principijs
                 .
              
               
                 
                   PRincipia
                   nihil
                   aliud
                   sunt
                   quam
                   Propositiones
                   immediatae
                   .
                
              
               
                 
                   Ego
                   propria
                   cuisque
                   generis
                   Principia
                   appello
                   ,
                
                 
                 
                   quae
                   ,
                   quod
                   sint
                   ,
                   Demonstratione
                   probari
                   non
                   possunt
                   :
                   (
                   Nam
                   ,
                   quae
                   sit
                   verborum
                   vu
                   et
                   significatio
                   ,
                   tum
                   Principiorum
                   ,
                   tum
                   eorum
                   quae
                   ex
                   Principijs
                   efficiuntur
                   ,
                   intelligendum
                   est
                   )
                   Quod
                   verò
                   ipsa
                   sint
                   Principia
                   ,
                   citra
                   demonstrationem
                   ponitur
                   ;
                   Reliqua
                   autem
                   Demonstratione
                   concluduntur
                   .
                
              
               
                 
                   Prima
                   et
                   principia
                   pro
                   eodem
                   sumo
                   .
                   Est
                   autem
                
                 
                 
                   Principium
                   demonstrationis
                   Propositio
                   ,
                   quae
                   ob
                   id
                   immediata
                   dicitur
                   ,
                   quoniam
                   nulla
                   est
                   alia
                   prior
                   per
                   quam
                   ipsa
                   Confirmari
                   possit
                   .
                
              
               
               
                 
                   Primaria
                   principia
                   dicuntur
                   vniuersalia
                   quaedam
                
                 
                 
                   Iuris
                   pronunciata
                   ,
                   quae
                   omnibus
                   hominibus
                   ita
                   sunt
                   impressa
                   naturaliter
                   et
                   infixa
                   ,
                   vt
                   ,
                   velut
                   indubitata
                   et
                   notissima
                   ,
                   non
                   alia
                   egeant
                   Demonstratione
                   ,
                   aut
                   certè
                   leui
                   aliqua
                   probatione
                   Confirmentur
                   .
                
              
               
                 
                   Vnde
                   et
                   Communes
                   animi
                   Conceptiones
                   et
                   Notitiae
                
                 
                 
                   appellantur
                   quod
                   suapte
                   vi
                   &
                   perspicua
                   sit
                   et
                   euidens
                   horum
                   Principiorum
                   veritas
                   et
                   Natura
                   ,
                   quasi
                   sine
                   aliqua
                   Dubitatione
                   et
                   Contradictione
                   veluti
                   ab
                   omnibus
                   Concessa
                   ,
                   in
                   disputatione
                   sumantur
                   .
                
              
               
                 Of
                 which
                 sort
                 for
                 Example
                 are
                 some
                 of
                 them
                 before
                 mentioned
                 ,
                 and
                 here
                 againe
                 to
                 be
                 remembred
                 in
                 this
                 behalfe
                 ,
                 in
                 manner
                 following
                 .
              
               
                 
                   Volenti
                   non
                   fit
                   ininria
                
              
               
                 
                   Omne
                   maixs
                   continet
                   in
                   se
                   minus
                   .
                
              
               
                 
                   Qui
                   sentit
                   Commodum
                   sentire
                   debet
                   et
                   onus
                   :
                
              
               
                 
                   Fraus
                   et
                   dolus
                   nemini
                   patrocinantur
                
                 .
              
               
                 With
                 infinite
                 other
                 in
                 vniuersall
                 Manner
                 proposed
                 ,
                 and
                 with
                 not
                 a
                 few
                 in
                 speciall
                 set
                 forth
                 ,
                 As
                 in
                 Grants
                 ,
                 as
                 afore
                 hath
                 beene
                 declared
                 .
              
               
                 
                   Quando
                   aliquis
                   quid
                   Concedit
                   ,
                   et
                   id
                   etiam
                   concedit
                   sine
                   quo
                   res
                   concessa
                   esse
                   non
                   potest
                   .
                
              
               
                 
                   In
                   Testaments
                
                 .
              
               
                 
                   Testamentum
                   est
                   morte
                   confirmatum
                
                 .
                 
              
               
                 
                   In
                   Rents
                
                 .
              
               
                 
                   Chacun
                   Rent
                   est
                   issuant
                   hors
                   de
                   terre
                   .
                
              
               
                 With
                 exceeding
                 many
                 other
                 of
                 like
                 nature
                 to
                 be
                 found
                 in
                 euery
                 title
                 or
                 Tractate
                 of
                 the
                 Law.
                 The
                 manifest
                 truth
                 and
                 great
                 Reason
                 of
                 which
                 said
                 Grounds
                 is
                 euident
                 to
                 euery
                 person
                 of
                 any
                 Iudgement
                 ,
                 and
                 neede
                 no
                 proofe
                 for
                 demonstration
                 and
                 establishing
                 of
                 them
                 .
              
               
               
                 2
                 Secondary
                 Principles
                 ,
                 are
                 certaine
                 Axiomes
                 ,
                 Rules
                 ,
                 and
                 Grounds
                 of
                 the
                 Law
                 ,
                 which
                 are
                 not
                 so
                 well
                 knowne
                 by
                 the
                 light
                 of
                 nature
                 ,
                 as
                 by
                 other
                 meanes
                 :
                 and
                 which
                 although
                 they
                 neede
                 no
                 great
                 proofe
                 to
                 be
                 confirmed
                 ;
                 because
                 they
                 comprehend
                 great
                 probabilitie
                 ;
                 yet
                 many
                 times
                 are
                 they
                 ,
                 at
                 the
                 first
                 shew
                 ,
                 not
                 yeelded
                 vnto
                 without
                 due
                 consideration
                 :
                 and
                 are
                 peculiarly
                 knowne
                 ,
                 for
                 the
                 most
                 part
                 ,
                 to
                 such
                 onely
                 as
                 professe
                 the
                 study
                 and
                 speculation
                 of
                 Lawes
                 .
              
               
                 Probable
                 they
                 are
                 said
                 to
                 bee
                 ,
                 because
                 ,
                 although
                 
                 the
                 manifest
                 truth
                 of
                 them
                 be
                 vnknowne
                 ,
                 yet
                 neuerthelesse
                 they
                 appeare
                 to
                 many
                 ,
                 and
                 especially
                 to
                 wise
                 men
                 ,
                 to
                 be
                 true
                 .
              
               
                 And
                 of
                 this
                 sort
                 in
                 the
                 Lawes
                 of
                 the
                 Realme
                 there
                 are
                 so
                 many
                 found
                 ,
                 that
                 some
                 men
                 haue
                 affirmed
                 ,
                 that
                 all
                 the
                 Law
                 of
                 the
                 Realme
                 is
                 the
                 Law
                 of
                 Reason
                 :
                 because
                 they
                 are
                 deriued
                 out
                 of
                 the
                 generall
                 Customes
                 ,
                 and
                 Maximes
                 ,
                 or
                 Principles
                 of
                 the
                 Law
                 of
                 Nature
                 
                 or
                 Primary
                 conclusions
                 .
              
               
                 And
                 for
                 the
                 knowledge
                 of
                 these
                 Propositions
                 there
                 is
                 a
                 greater
                 difficulty
                 ;
                 and
                 therefore
                 therein
                 dependeth
                 much
                 the
                 manner
                 and
                 forme
                 of
                 Arguments
                 in
                 the
                 Lawes
                 of
                 England
                 .
              
            
             
               
               
                 Notes
                 collected
                 touching
                 the
                 difference
                 betweene
                 Primarie
                 and
                 Secondarie
                 Principles
                 .
              
               
                 
                   PRincipia
                   immediata
                   quae
                   in
                   demonstrationibus
                
                 
                 
                   accipiuntur
                   ,
                   in
                   duo
                   genera
                   distribui
                   possunt
                   .
                   Vnum
                   corum
                   quae
                   quanquam
                   demonstrari
                   non
                   possunt
                   ,
                   non
                   tamen
                   ita
                   aperta
                   ,
                   &
                   per
                   se
                   manifesta
                   sunt
                   ,
                   ut
                   necesse
                   sit
                   ante
                   cognita
                   esse
                   ei
                   qui
                   artem
                   aliquam
                   discere
                   velit
                   ,
                   quae
                   nos
                   Positiones
                   appellamus
                   .
                
              
               
                 
                   Altero
                   genere
                   continentur
                   ea
                   ,
                   quae
                   ita
                   sunt
                   per
                   se
                   perspicuae
                   ,
                   ut
                   non
                   possint
                   non
                   esse
                   ,
                   omnibus
                   multò
                   ante
                   cognita
                   ,
                   &
                   perspecta
                   quam
                   quicquam
                   doceatur
                   ;
                   quae
                   Pronunciata
                   dicuntur
                   .
                
              
               
                 To
                 like
                 effect
                 speaketh
                 Aristotle
                 in
                 another
                 place
                 ,
                 
                   Ea
                   pro
                   initio
                   &
                   proposito
                   sumenda
                   sunt
                   .
                
              
               
                 1
                 
                   Quae
                   in
                   omnibus
                
                 .
              
               
                 2
                 
                   Vel
                   certe
                   in
                   plurimis
                   rebus
                   inesse
                   videntur
                   .
                
              
               
                 The
                 former
                 sort
                 Aristotle
                 seemeth
                 to
                 call
                 ,
                 as
                 afore
                 shewed
                 ,
                 Pronunciata
                 ,
                 the
                 other
                 Propositiones
                 .
              
               
                 And
                 although
                 in
                 the
                 Law
                 of
                 the
                 Realme
                 ,
                 they
                 are
                 indifferently
                 called
                 ,
                 without
                 distinction
                 ,
                 Rules
                 ,
                 Principles
                 ,
                 Groundes
                 ,
                 Maximes
                 ,
                 Eruditions
                 ,
                 and
                 such
                 like
                 :
                 yet
                 the
                 iudgement
                 of
                 Massaeus
                 herein
                 is
                 worthy
                 obseruation
                 .
              
               
                 
                   Accursius
                   videtur
                   non
                   parum
                   aberravisse
                   à
                   vero
                   ,
                
                 
                 
                   cùm
                   idem
                   significare
                   voluerit
                   Principia
                   ,
                   Maximas
                   ,
                   &
                   Regulas
                   ;
                   cùm
                   (
                   Aristotle
                   auctore
                   )
                   cuiusque
                   scientiae
                   principia
                   sunt
                   quaedam
                   propria
                   ,
                   quae
                   quod
                   vera
                   sint
                   non
                   contingit
                   demonstrari
                   ,
                   &
                   quae
                   per
                   se
                   ,
                   &
                   
                   non
                   per
                   alia
                   fidem'habent
                   ,
                   quoniam
                   nihil
                   prius
                   superiúsque
                   in
                   ea
                   scientia
                   est
                   per
                   quod
                   confirmari
                   explicarique
                   possint
                   .
                
              
               
                 
                   Talium
                   autem
                   Principiorum
                   ,
                   nonnulla
                   sunt
                   positiones
                   ,
                   alia
                   dignitates
                   ,
                   sic
                   dictae
                   ,
                   ob
                   id
                   quod
                   iure
                   illis
                   fides
                   habenda
                   sit
                   ,
                   cùm
                   ea
                   unusquisque
                   audita
                   statim
                   admittit
                   :
                   quale
                   est
                   istud
                   :
                   Totum
                   unumquodlibet
                   maius
                   est
                   aliqua
                   sua
                   parte
                   .
                   Hae
                   rursus
                   appellantur
                   Maximae
                   ,
                   Propositiones
                   ,
                   &
                   Communes
                   animi
                   conceptiones
                   ;
                   quod
                   muliorum
                   scilicet
                   intellectu
                   facile
                   percipiantur
                   .
                   Tales
                   autem
                   nonsunt
                   Regulae
                   ;
                   quae
                   licet
                   sint
                   universalia
                   Praecepta
                   ,
                   indigent
                   tamen
                   probatione
                   ,
                   &
                   probari
                   possunt
                   :
                   Nec
                   tamen
                   auditae
                   admittuntur
                   .
                
              
               
                 Hee
                 seemeth
                 to
                 attribute
                 the
                 name
                 of
                 Principles
                 ,
                 Axiomes
                 ,
                 and
                 Maximes
                 to
                 the
                 first
                 sort
                 ,
                 and
                 the
                 name
                 of
                 Rules
                 to
                 the
                 second
                 .
              
               
                 Of
                 the
                 secondarie
                 Principles
                 or
                 Rules
                 there
                 are
                 two
                 kindes
                 .
                 Some
                 deduced
                 and
                 drawne
                 from
                 the
                 vsuall
                 and
                 ordinary
                 disposition
                 of
                 things
                 (
                 as
                 hath
                 been
                 before
                 declared
                 )
                 and
                 by
                 the
                 obseruation
                 of
                 humane
                 nature
                 dispersed
                 in
                 the
                 mindes
                 of
                 men
                 ,
                 collected
                 by
                 long
                 obseruation
                 :
                 Whereof
                 some
                 are
                 altogether
                 vpheld
                 in
                 the
                 Law
                 vpon
                 common
                 presumption
                 ,
                 and
                 entendment
                 :
                 Others
                 doe
                 rest
                 vpon
                 discourse
                 of
                 Reason
                 deducted
                 in
                 Argument
                 .
                 But
                 of
                 the
                 former
                 ,
                 some
                 are
                 such
                 ,
                 as
                 although
                 they
                 are
                 but
                 probable
                 ,
                 and
                 import
                 no
                 certaine
                 truth
                 ,
                 and
                 therefore
                 may
                 notwithstanding
                 be
                 sometimes
                 vntrue
                 :
                 yet
                 neuerthelesse
                 for
                 the
                 great
                 likelihood
                 of
                 them
                 in
                 humane
                 actions
                 ,
                 and
                 the
                 better
                 to
                 frame
                 a
                 conformitie
                 ,
                 through
                 the
                 whole
                 body
                 of
                 the
                 Law
                 ,
                 the
                 said
                 Lawes
                 
                 permit
                 no
                 allegation
                 to
                 impugne
                 them
                 ,
                 or
                 any
                 speech
                 or
                 auerment
                 to
                 impeach
                 their
                 credit
                 .
              
            
             
               
                 The
                 first
                 sort
                 of
                 Secondarie
                 Rules
                 grounded
                 vpon
                 entendment
                 .
              
               
                 OThers
                 there
                 are
                 also
                 that
                 depend
                 vpon
                 entendment
                 :
                 But
                 of
                 the
                 former
                 kinde
                 ,
                 this
                 is
                 one
                 ,
                 grounded
                 vpon
                 naturall
                 affection
                 .
              
               
                 
                   La
                   ley
                   ne
                   voit
                   presume
                   que
                   ascun
                   voit
                   lede
                   son
                   heire
                   ,
                
                 
                 
                   ou
                   auter
                   que
                   est
                   procheni
                   de
                   son
                   sanck
                   ,
                   mes
                   que
                   il
                   voit
                   plus
                   test
                   advance
                   luy
                   .
                
              
               
                 Which
                 Ground
                 ,
                 vpon
                 the
                 presumption
                 of
                 naturall
                 affection
                 ,
                 is
                 not
                 such
                 ,
                 as
                 that
                 it
                 soundeth
                 alwaies
                 true
                 ;
                 (
                 for
                 in
                 diuers
                 persons
                 nature
                 worketh
                 diuersly
                 )
                 Wherefore
                 although
                 this
                 assertion
                 shew
                 how
                 euery
                 man
                 should
                 be
                 affected
                 ,
                 notwithstanding
                 it
                 is
                 no
                 proofe
                 that
                 all
                 men
                 are
                 so
                 affected
                 .
                 And
                 yet
                 neuerthelesse
                 this
                 strong
                 entendment
                 of
                 Law
                 ,
                 doth
                 not
                 permit
                 any
                 thing
                 to
                 impeach
                 the
                 same
                 ;
                 and
                 will
                 not
                 suffer
                 any
                 person
                 bound
                 by
                 collaterall
                 warranty
                 (
                 the
                 reason
                 whereof
                 floweth
                 herehence
                 )
                 to
                 trauerse
                 such
                 affection
                 ,
                 although
                 there
                 be
                 neuer
                 so
                 pregnant
                 proofe
                 to
                 encounter
                 the
                 same
                 .
              
            
             
               
               
                 Notes
                 touching
                 the
                 Definition
                 ,
                 Diuision
                 ,
                 and
                 necessary
                 Consequents
                 of
                 Secondary
                 Principles
                 .
              
               
                 
                   IVris
                   Praecepta
                   secundaria
                   sunt
                   certa
                   quaedom
                   Axiomata
                
                 
                 
                   &
                   Definitiones
                   seu
                   Regulae
                   ,
                   quae
                   non
                   tam
                   naturâ
                   quàm
                   civili
                   aliquâ
                   ratione
                   &
                   authoritate
                   ,
                   aut
                   communi
                   mortalium
                   usu
                   per
                   hominum
                   animos
                   diffunduntur
                   .
                
              
               
                 
                   Quae
                   etsi
                   plerumque
                   verae
                   sunt
                   ,
                   nec
                   valde
                   egeant
                   demoustratione
                   ;
                   non
                   tamen
                   ita
                   ,
                   priusquam
                   pressius
                   considerentur
                   ab
                   illis
                   cognoscuntur
                   qui
                   nostrae
                   scientiae
                   dant
                   operam
                   .
                   Quapropter
                   ,
                   levi
                   aliqua
                   &
                   verisimili
                   ratione
                   ,
                   ut
                   ijs
                   assentiantur
                   ,
                   opus
                   est
                   .
                
              
               
                 See
                 the
                 manner
                 and
                 meanes
                 how
                 they
                 are
                 inferred
                 by
                 discourse
                 out
                 of
                 the
                 generall
                 Customes
                 or
                 Principles
                 of
                 Reason
                 ,
                 and
                 the
                 example
                 thereof
                 vsed
                 by
                 the
                 Author
                 of
                 the
                 Dialogues
                 of
                 the
                 Doctor
                 and
                 Student
                 .
              
               
                 Presumption
                 or
                 Entendment
                 of
                 Law
                 ,
                 whereupon
                 certaine
                 of
                 the
                 secondary
                 Rules
                 are
                 grounded
                 (
                 as
                 before
                 is
                 shewed
                 )
                 are
                 in
                 two
                 sorts
                 :
                 for
                 
                   species
                   presumptionum
                   sunt
                   duae
                   :
                   una
                   ,
                   quae
                   legitimis
                   probationibus
                   regulariter
                   refutari
                   potest
                   ,
                   quam
                   communē
                   licebit
                
                 
                 
                   appellare
                   :
                   altera
                   quae
                   reprobari
                   non
                   potest
                   ,
                   quae
                   &
                   specialis
                   rectè
                   fortasse
                   dicetur
                   .
                   Certè
                   magno
                   Reip.
                   bono
                   constituuntur
                   huiusmodi
                   praesumptiones
                   :
                   nec
                   potest
                
                 
                 
                   fieri
                   ut
                   sine
                   praesumptionibus
                   ulla
                   certa
                   iura
                   aut
                   ullae
                   certae
                   leges
                   describantur
                   .
                
              
               
                 Secondarie
                 Principles
                 are
                 grounded
                 either
                 vpon
                 
                 Entendment
                 of
                 Law
                 ,
                 of
                 which
                 sort
                 some
                 are
                 such
                 as
                 doe
                 admit
                 of
                 no
                 proofe
                 to
                 encounter
                 them
                 ,
                 and
                 rest
                 vpon
                 Entendment
                 ,
                 but
                 yetadmit
                 proofe
                 to
                 the
                 contrary
                 .
                 Or
                 discourse
                 ofreason
                 .
              
               
                 So
                 likewise
                 the
                 Law
                 vpon
                 like
                 common
                 presumption
                 conceiued
                 of
                 the
                 acts
                 aud
                 behauiour
                 of
                 men
                 ,
                 intendeth
                 this
                 Principle
                 .
              
               
                 
                   Nul
                   bome
                   sans
                   cause
                   voile
                   faire
                   act
                   a
                   preiudice
                   ley
                
                 
                 mesme
                 .
              
               
                 And
                 hereupon
                 the
                 Law
                 presumeth
                 that
                 eucry
                 assertion
                 and
                 allegation
                 proceeding
                 from
                 any
                 person
                 which
                 soundeth
                 to
                 his
                 preiudice
                 and
                 hurt
                 ,
                 is
                 so
                 vndoubtedly
                 true
                 ,
                 as
                 that
                 there
                 shall
                 not
                 be
                 suffered
                 any
                 trauers
                 or
                 deniall
                 of
                 the
                 same
                 .
                 Wherefore
                 if
                 in
                 a
                 
                   Praecipe
                   quod
                   reddat
                
                 brought
                 of
                 twenty
                 acres
                 of
                 land
                 against
                 one
                 ,
                 and
                 he
                 ,
                 before
                 the
                 Stature
                 of
                 
                   Coniunction
                   feoffatis
                
                 ,
                 had
                 pleaded
                 Ioyntenancy
                 with
                 another
                 of
                 deede
                 ;
                 or
                 sithence
                 the
                 said
                 Statute
                 ,
                 if
                 he
                 had
                 pleaded
                 Ioyntenancy
                 by
                 Fine
                 with
                 another
                 ;
                 although
                 the
                 Piea
                 be
                 vtterly
                 false
                 ,
                 yet
                 shall
                 not
                 the
                 demaundant
                 haue
                 any
                 answere
                 or
                 trauers
                 thereunto
                 ;
                 because
                 that
                 when
                 the
                 demaundant
                 by
                 his
                 Writ
                 hath
                 admitted
                 him
                 Tenant
                 of
                 the
                 whole
                 ;
                 and
                 hee
                 saith
                 that
                 hee
                 was
                 Ioyntenant
                 with
                 another
                 ;
                 this
                 other
                 ,
                 if
                 he
                 bee
                 false
                 ,
                 may
                 stop
                 the
                 Tenant
                 by
                 this
                 Record
                 ;
                 To
                 say
                 the
                 contrary
                 of
                 his
                 affirmation
                 ,
                 and
                 thereby
                 may
                 gaine
                 the
                 Moytie
                 of
                 the
                 land
                 ,
                 against
                 him
                 that
                 hath
                 so
                 pleaded
                 .
                 And
                 therefore
                 ,
                 for
                 that
                 ,
                 that
                 men
                 are
                 not
                 wont
                 to
                 tell
                 vntruths
                 in
                 disaduantage
                 of
                 themselues
                 ;
                 and
                 that
                 the
                 saying
                 hereof
                 if
                 it
                 were
                 not
                 true
                 ,
                 will
                 greatly
                 be
                 to
                 the
                 preiudice
                 and
                 hurt
                 of
                 him
                 that
                 affirmed
                 it
                 ;
                 thereupon
                 the
                 Law
                 presumeth
                 ,
                 that
                 it
                 was
                 
                 true
                 indeed
                 ;
                 and
                 will
                 in
                 no
                 wise
                 admit
                 the
                 trauers
                 against
                 the
                 same
                 ,
                 or
                 giue
                 the
                 demaundant
                 abilitie
                 to
                 impugne
                 it
                 ;
                 but
                 hereupon
                 presently
                 ,
                 the
                 Writ
                 shall
                 abate
                 ,
                 and
                 no
                 maintenance
                 of
                 the
                 Writ
                 for
                 the
                 cause
                 aforesaid
                 ,
                 shall
                 be
                 allowed
                 .
              
               
                 In
                 like
                 manner
                 also
                 matters
                 of
                 Record
                 the
                 entendment
                 of
                 Law
                 doth
                 giue
                 an
                 impeachable
                 credit
                 .
                 And
                 hereof
                 also
                 this
                 rule
                 of
                 Law
                 is
                 drawne
                 .
              
               
                 
                   Matters
                   de
                   Record
                   import
                   in
                   eux
                   (
                   per
                   presumtion
                   delley
                   ,
                   pur
                   lour
                   hautnesse
                   )
                   credit
                   .
                
                 
              
               
                 And
                 therefore
                 none
                 shall
                 be
                 permitted
                 to
                 say
                 ,
                 that
                 the
                 Kings
                 Pattent
                 vnder
                 the
                 great
                 seale
                 was
                 made
                 or
                 deliuered
                 at
                 any
                 other
                 time
                 then
                 that
                 wherein
                 it
                 beareth
                 Date
                 .
                 No
                 more
                 then
                 a
                 man
                 may
                 say
                 ,
                 That
                 a
                 Recognizance
                 or
                 Stature
                 Marchant
                 or
                 Staple
                 ,
                 was
                 acknowledged
                 ,
                 or
                 any
                 Writ
                 was
                 purchased
                 at
                 any
                 other
                 time
                 ,
                 then
                 that
                 wherein
                 it
                 beareth
                 Date
                 .
                 For
                 an
                 auerment
                 that
                 it
                 was
                 antedated
                 ,
                 or
                 that
                 it
                 was
                 deliuered
                 or
                 acknowledged
                 after
                 the
                 date
                 ,
                 is
                 an
                 auerment
                 tending
                 to
                 the
                 discredit
                 of
                 the
                 great
                 seale
                 ,
                 or
                 of
                 the
                 Iustice
                 of
                 Officer
                 of
                 Record
                 which
                 recorded
                 the
                 Recognizance
                 ,
                 or
                 the
                 Statute
                 Marchant
                 ,
                 or
                 such
                 like
                 .
              
               
                 In
                 the
                 dealings
                 and
                 affaires
                 of
                 Men
                 ,
                 one
                 Man
                 may
                 affirme
                 a
                 thing
                 which
                 another
                 may
                 deny
                 .
                 But
                 
                 if
                 a
                 Record
                 once
                 say
                 the
                 word
                 ,
                 no
                 man
                 shall
                 be
                 receiued
                 to
                 auerre
                 ;
                 speake
                 against
                 it
                 ;
                 or
                 impugne
                 the
                 same
                 :
                 No
                 though
                 such
                 Record
                 containe
                 manifest
                 and
                 knowne
                 falshood
                 ,
                 tending
                 to
                 the
                 mischiefe
                 and
                 ouerthrow
                 of
                 any
                 person
                 .
              
               
                 And
                 therefore
                 whereas
                 certaine
                 persons
                 were
                 
                 Outlawed
                 in
                 the
                 Kings
                 bench
                 ,
                 in
                 the
                 time
                 of
                 Shard
                 
                 Iustice
                 ,
                 and
                 their
                 goods
                 forfeite
                 ,
                 and
                 their
                 names
                 likewise
                 certified
                 into
                 the
                 Exchequour
                 with
                 an
                 Abstract
                 of
                 their
                 goods
                 ,
                 It
                 hapned
                 so
                 that
                 the
                 name
                 of
                 one
                 (
                 by
                 misprision
                 of
                 the
                 Clarke
                 )
                 was
                 ,
                 among
                 the
                 rest
                 certified
                 likewise
                 into
                 the
                 Exchequour
                 ,
                 as
                 out-lawed
                 and
                 that
                 he
                 had
                 goods
                 to
                 the
                 value
                 of
                 sixe
                 pounds
                 ,
                 whereas
                 indeede
                 the
                 same
                 man
                 was
                 not
                 outlawed
                 .
                 And
                 thereupon
                 a
                 writ
                 iussued
                 to
                 the
                 Sheriffe
                 of
                 that
                 Countie
                 ,
                 where
                 the
                 said
                 goods
                 were
                 supposed
                 to
                 be
                 ,
                 to
                 seaze
                 the
                 same
                 to
                 the
                 vse
                 of
                 the
                 King
                 ,
                 who
                 returned
                 that
                 a
                 Nobleman
                 had
                 seized
                 the
                 same
                 goods
                 ;
                 And
                 thereupon
                 issued
                 forth
                 another
                 Writt
                 out
                 of
                 the
                 Exchequour
                 ,
                 to
                 cause
                 him
                 to
                 answer
                 the
                 same
                 goods
                 so
                 seized
                 by
                 him
                 ,
                 who
                 vpon
                 the
                 Returne
                 of
                 the
                 second
                 writ
                 ,
                 alleadged
                 ,
                 that
                 the
                 partie
                 whose
                 goods
                 he
                 had
                 seized
                 ,
                 was
                 not
                 vtlawed
                 :
                 And
                 Greene
                 ,
                 one
                 of
                 the
                 Iustices
                 of
                 the
                 Kings
                 bench
                 came
                 into
                 the
                 Exchequer
                 with
                 the
                 person
                 who
                 was
                 supposed
                 out
                 lawed
                 ,
                 and
                 there
                 testified
                 that
                 he
                 was
                 not
                 out-lawed
                 ;
                 but
                 shewed
                 ,
                 that
                 that
                 which
                 was
                 certified
                 was
                 done
                 altogether
                 by
                 the
                 misprision
                 of
                 the
                 Clerke
                 :
                 Where
                 Skipwith
                 returned
                 him
                 this
                 answer
                 .
                 That
                 although
                 all
                 the
                 Iustices
                 would
                 now
                 record
                 the
                 Contrarie
                 ,
                 that
                 they
                 could
                 not
                 be
                 permitted
                 nor
                 any
                 Credit
                 might
                 be
                 giuen
                 thereunto
                 ,
                 whenas
                 there
                 was
                 a
                 Record
                 extant
                 ,
                 and
                 not
                 Reuersed
                 testifying
                 the
                 same
                 Out-lawry
                 :
                 yea
                 the
                 Law
                 so
                 mightily
                 vpholdeth
                 the
                 intended
                 Credit
                 of
                 a
                 Record
                 ,
                 that
                 it
                 preferreth
                 the
                 same
                 before
                 the
                 oathes
                 of
                 men
                 ,
                 sounding
                 to
                 the
                 Contrarie
                 ,
                 and
                 in
                 respect
                 thereof
                 ,
                 will
                 not
                 permit
                 a
                 verdit
                 to
                 be
                 receiued
                 ,
                 which
                 might
                 impeach
                 the
                 same
                 .
              
               
               
                 And
                 therfore
                 whereas
                 one
                 brought
                 a
                 writ
                 of
                 wast
                 
                 and
                 assigned
                 the
                 wast
                 in
                 diuers
                 particuler
                 things
                 ,
                 and
                 moreouer
                 in
                 a
                 Message
                 and
                 Tenants
                 in
                 Wood-Church
                 ;
                 where
                 amongst
                 other
                 wasts
                 assigued
                 ,
                 the
                 Plaintife
                 shewed
                 ,
                 that
                 the
                 Defendant
                 had
                 done
                 and
                 permitted
                 waste
                 in
                 the
                 Hall
                 of
                 the
                 said
                 Messnage
                 ,
                 &c.
                 
                 The
                 Defendant
                 pleaded
                 in
                 this
                 Action
                 ,
                 that
                 Woodchurch
                 was
                 a
                 Hamlet
                 of
                 A.
                 and
                 no
                 Towne
                 of
                 it selfe
                 .
                 Which
                 Plea
                 includeth
                 a
                 Confession
                 of
                 the
                 wast
                 to
                 haue
                 beene
                 done
                 in
                 such
                 manner
                 as
                 was
                 declared
                 .
                 And
                 vpon
                 this
                 plea
                 ,
                 the
                 parties
                 were
                 at
                 issue
                 ;
                 with
                 the
                 which
                 the
                 Iurie
                 were
                 charged
                 :
                 And
                 further
                 it
                 was
                 giuen
                 them
                 in
                 charge
                 ,
                 that
                 if
                 they
                 found
                 that
                 Woodchurch
                 was
                 a
                 Towne
                 of
                 it selfe
                 ,
                 and
                 no
                 Hamlet
                 of
                 A
                 :
                 as
                 the
                 Plaintife
                 had
                 supposed
                 ,
                 that
                 then
                 they
                 should
                 assigne
                 damages
                 seuerally
                 for
                 euery
                 waste
                 Committed
                 .
                 The
                 Iurie
                 at
                 length
                 found
                 ,
                 that
                 Woodchurch
                 was
                 a
                 Hamlet
                 of
                 it selfe
                 ,
                 and
                 assessed
                 damages
                 for
                 certaine
                 of
                 the
                 particular
                 wastes
                 supposed
                 seuerally
                 ,
                 as
                 they
                 ought
                 .
                 And
                 as
                 touching
                 the
                 wast
                 supposed
                 to
                 be
                 done
                 in
                 the
                 said
                 Hall
                 ,
                 they
                 said
                 there
                 was
                 no
                 such
                 Messuage
                 .
                 The
                 Iudges
                 reiected
                 their
                 verdit
                 ,
                 because
                 it
                 was
                 contrary
                 to
                 that
                 which
                 was
                 implyed
                 by
                 the
                 Plea
                 of
                 the
                 Defendant
                 of
                 Record
                 :
                 and
                 so
                 inforced
                 the
                 Iurie
                 to
                 giue
                 damages
                 for
                 a
                 wast
                 :
                 which
                 (
                 indeed
                 )
                 was
                 not
                 done
                 contrarie
                 to
                 the
                 Conscience
                 of
                 the
                 Iuries
                 ;
                 notwithstanding
                 that
                 some
                 of
                 them
                 made
                 protestation
                 ,
                 that
                 in
                 so
                 doing
                 they
                 might
                 be
                 periured
                 :
                 Which
                 wholly
                 was
                 done
                 onely
                 to
                 vphold
                 the
                 Credit
                 of
                 the
                 Record
                 ;
                 and
                 that
                 the
                 verdit
                 (
                 of
                 Record
                 )
                 might
                 not
                 be
                 contrarie
                 ,
                 to
                 that
                 which
                 was
                 implyed
                 by
                 the
                 Plea
                 of
                 the
                 parties
                 .
              
               
               
                 Moreouer
                 ,
                 there
                 is
                 a
                 Rule
                 of
                 Law
                 wholy
                 grounded
                 vpon
                 Entendment
                 which
                 is
                 this
                 .
              
               
                 
                   Liuery
                   del
                   fait
                   sera
                   intend
                   in
                   le
                   lieu
                   cu
                   le
                   date
                   fut
                   .
                
              
               
                 The
                 deliuery
                 of
                 a
                 Deede
                 shall
                 bee
                 intended
                 to
                 be
                 where
                 it
                 beareth
                 date
                 .
              
               
                 Which
                 Rule
                 the
                 Law
                 vpholdeth
                 for
                 certaine
                 truth
                 ,
                 (
                 although
                 in
                 very
                 deed
                 it
                 may
                 be
                 at
                 sometimes
                 vntrue
                 )
                 And
                 therefore
                 will
                 not
                 permit
                 any
                 proofe
                 which
                 may
                 impeach
                 the
                 intended
                 truth
                 ,
                 of
                 the
                 said
                 proposition
                 .
                 For
                 Confirmation
                 whereof
                 ,
                 a
                 notable
                 case
                 Cited
                 in
                 the
                 31.
                 
                 Hen.
                 6.
                 and
                 by
                 way
                 of
                 Argument
                 
                 alleadged
                 in
                 Fogassa
                 his
                 Case
                 ,
                 may
                 be
                 produced
                 ;
                 which
                 was
                 in
                 this
                 manner
                 .
                 An
                 Action
                 of
                 Debt
                 was
                 brought
                 vpon
                 a
                 Deede
                 ;
                 The
                 Defendant
                 denyed
                 the
                 same
                 ;
                 whereupon
                 the
                 parties
                 were
                 at
                 issue
                 ;
                 And
                 the
                 witnesses
                 produced
                 to
                 proue
                 the
                 Deede
                 were
                 examined
                 where
                 the
                 Deed
                 was
                 deliuered
                 :
                 who
                 answered
                 :
                 At
                 Yorke
                 ;
                 which
                 was
                 in
                 another
                 Countie
                 then
                 where
                 the
                 said
                 Deede
                 bare
                 Date
                 ;
                 And
                 hereupon
                 the
                 Desendant
                 Demurred
                 :
                 And
                 after
                 vpon
                 Consideration
                 ,
                 Iudgement
                 was
                 giuen
                 against
                 the
                 Plaintife
                 in
                 ouerthrow
                 of
                 the
                 Action
                 founded
                 vpon
                 that
                 Deed
                 ;
                 which
                 cannot
                 be
                 intended
                 to
                 be
                 deliuered
                 else
                 where
                 then
                 at
                 the
                 place
                 where
                 it
                 beareth
                 Date
                 .
              
               
                 Many
                 Examples
                 may
                 be
                 further
                 produced
                 to
                 like
                 effect
                 ,
                 to
                 proue
                 that
                 diuers
                 Rules
                 there
                 are
                 receiued
                 in
                 the
                 Law
                 which
                 vpon
                 presumption
                 and
                 Common
                 Entendment
                 ,
                 to
                 eschew
                 some
                 notable
                 mischiefe
                 or
                 inconuenience
                 ,
                 are
                 so
                 holden
                 for
                 Truth
                 ,
                 that
                 in
                 no
                 wise
                 they
                 shall
                 be
                 incountred
                 ;
                 although
                 indeede
                 ,
                 as
                 
                 occasion
                 may
                 fall
                 out
                 ,
                 they
                 doe
                 containe
                 manifest
                 and
                 apparent
                 falshood
                 .
                 But
                 these
                 allready
                 in
                 that
                 respect
                 alleadged
                 may
                 abundantly
                 suffice
                 for
                 example
                 .
              
               
                 Of
                 like
                 nature
                 also
                 there
                 are
                 in
                 the
                 Law
                 other
                 
                 kind
                 of
                 Rules
                 or
                 principles
                 ;
                 which
                 although
                 ,
                 they
                 doe
                 concerne
                 contingent
                 matters
                 ;
                 and
                 therefore
                 may
                 sometimes
                 be
                 impeached
                 ,
                 and
                 found
                 vntrue
                 ;
                 Yet
                 doe
                 they
                 carry
                 a
                 kinde
                 of
                 Credit
                 also
                 vpon
                 Presumption
                 or
                 Entendment
                 of
                 Law
                 ,
                 although
                 not
                 so
                 vehement
                 as
                 the
                 former
                 .
              
               
                 Wherefore
                 although
                 the
                 Law
                 doth
                 receiue
                 them
                 
                   Prima
                   facie
                
                 ,
                 and
                 at
                 the
                 first
                 shew
                 ,
                 as
                 likely
                 ,
                 and
                 giueth
                 Credit
                 vnto
                 the
                 Assertion
                 contained
                 in
                 them
                 ,
                 Yet
                 Neuerthelesse
                 doth
                 it
                 admit
                 proofe
                 to
                 the
                 Contrarie
                 ,
                 and
                 so
                 suffereth
                 such
                 Praesumption
                 or
                 Entendment
                 ,
                 which
                 vpholdeth
                 such
                 Rules
                 ,
                 to
                 be
                 impeached
                 ,
                 and
                 controlled
                 by
                 a
                 Contrarie
                 tryall
                 by
                 pregnant
                 proofe
                 ,
                 and
                 so
                 doth
                 permit
                 any
                 Auerment
                 to
                 be
                 made
                 against
                 the
                 same
                 .
                 For
                 Example
                 :
                 It
                 is
                 a
                 Rule
                 in
                 Law
                 that
                 a
                 Verdict
                 
                   sera
                   intenda
                   touts
                
                 
                 
                   foits
                   vray
                   tanque
                   il
                   est
                   reuers
                   pur
                   ceo
                   que
                   il
                   est
                   issint
                   troue
                   perferment
                   de
                   12.
                   homes
                   .
                
              
               
                 A
                 verdict
                 shall
                 be
                 intended
                 alwaies
                 true
                 ,
                 till
                 it
                 be
                 reuersed
                 ,
                 for
                 that
                 it
                 is
                 so
                 found
                 by
                 the
                 oath
                 of
                 twelue
                 men
                 .
              
               
                 And
                 hereupon
                 it
                 is
                 agreed
                 for
                 Law
                 ,
                 That
                 if
                 a
                 
                 Iudgement
                 be
                 giuen
                 erroniously
                 ,
                 the
                 partie
                 grieued
                 thereby
                 shall
                 not
                 onely
                 ,
                 haue
                 his
                 writ
                 of
                 Errour
                 to
                 redresse
                 the
                 same
                 ,
                 but
                 also
                 a
                 supersedeas
                 to
                 Countermaund
                 Execution
                 thereupon
                 .
                 But
                 if
                 Iudgement
                 be
                 giuen
                 vpon
                 a
                 verdict
                 although
                 the
                 same
                 
                 verdict
                 be
                 vntrue
                 ,
                 and
                 the
                 partie
                 greiued
                 doe
                 bring
                 his
                 writ
                 of
                 Attaint
                 ,
                 Yet
                 neuerthelesse
                 he
                 shall
                 not
                 in
                 that
                 case
                 haue
                 a
                 Supersedeas
                 to
                 stay
                 Execution
                 ,
                 for
                 the
                 intended
                 truth
                 ,
                 which
                 the
                 Law
                 supposeth
                 in
                 the
                 said
                 verdict
                 .
                 And
                 yet
                 the
                 Law
                 permitteth
                 the
                 falsehood
                 in
                 verdicts
                 to
                 be
                 laid
                 open
                 ,
                 and
                 punisheth
                 them
                 with
                 great
                 seueritie
                 33.
                 
                 Hen.
                 8.
                 196.
                 
                 
                   Brookes
                   case
                
                 .
                 4
                 Edw.
                 6.
                 
                 Com.
                 49.
                 
              
               
                 If
                 a
                 Writt
                 of
                 Conspiracie
                 be
                 brought
                 against
                 one
                 ,
                 
                 for
                 that
                 he
                 gaue
                 euidence
                 before
                 the
                 Iustice
                 of
                 Peace
                 at
                 their
                 Sessions
                 ,
                 concerning
                 the
                 suspicion
                 of
                 a
                 Felony
                 supposed
                 to
                 be
                 done
                 by
                 the
                 Plaintife
                 ,
                 vpon
                 which
                 Euidence
                 ,
                 the
                 Plaintife
                 was
                 indicted
                 of
                 the
                 said
                 Felonie
                 ;
                 and
                 after
                 found
                 Not
                 guiltie
                 by
                 a
                 lurie
                 of
                 twelue
                 Men
                 ;
                 It
                 is
                 no
                 plea
                 in
                 this
                 writt
                 of
                 Conspiracie
                 ,
                 for
                 the
                 Desendant
                 to
                 say
                 ,
                 that
                 the
                 Plaintife
                 was
                 guiltie
                 of
                 the
                 Felonie
                 ,
                 For
                 that
                 were
                 to
                 encounter
                 the
                 Verdict
                 ;
                 which
                 shall
                 be
                 entended
                 true
                 .
              
               
                 And
                 although
                 the
                 Law
                 doe
                 giue
                 Credit
                 ,
                 to
                 all
                 verdicts
                 ;
                 Yet
                 doth
                 it
                 not
                 foreclose
                 the
                 partie
                 greiued
                 thereby
                 ,
                 but
                 permitteth
                 him
                 to
                 impugne
                 it
                 ,
                 and
                 to
                 impeach
                 it
                 of
                 falsehoode
                 ,
                 if
                 he
                 can
                 ,
                 by
                 his
                 writt
                 of
                 Attainct
                 .
              
               
                 Also
                 there
                 is
                 a
                 Rule
                 in
                 the
                 Law
                 ,
                 That
              
               
                 
                   Feesimple
                   ou
                   auter
                   estate
                   certaine
                   conuay
                   a
                   vn
                   sera
                
                 
                 
                   intend
                   de
                   continuer
                   in
                   le
                   person
                   in
                   que
                   il
                   est
                   repose
                   ,
                   toats
                   foits
                   durant
                   mesme
                   l'estate
                   .
                
              
               
                 An
                 estate
                 of
                 inheritance
                 or
                 other
                 estate
                 certaine
                 conucied
                 to
                 a
                 man
                 ,
                 shall
                 be
                 intended
                 to
                 continue
                 in
                 the
                 person
                 wherein
                 it
                 was
                 reposed
                 alwaies
                 during
                 the
                 Continuance
                 of
                 the
                 said
                 estate
                 .
              
               
                 Although
                 this
                 for
                 Law
                 be
                 
                   Prima
                   facie
                
                 intended
                 
                 true
                 ;
                 yet
                 neuerthelesse
                 thereunto
                 this
                 must
                 be
                 added
                 viz.
                 
              
               
                 
                   Sine
                   soit
                   mre
                   Comment
                   auterment
                   ceo
                   est
                   deuest
                   .
                
              
               
                 If
                 it
                 be
                 not
                 shewed
                 otherwise
                 how
                 it
                 is
                 deuised
                 .
              
               
                 By
                 thus
                 much
                 said
                 ,
                 it
                 is
                 sufficiently
                 made
                 manifest
                 ,
                 that
                 some
                 propositions
                 ,
                 Rules
                 and
                 Grounds
                 of
                 the
                 Law
                 are
                 intended
                 true
                 ;
                 but
                 yet
                 proofe
                 is
                 allowed
                 to
                 encounter
                 the
                 same
                 .
              
               
                 So
                 hither
                 to
                 hath
                 bin
                 spoken
                 of
                 the
                 Veritie
                 of
                 Propositions
                 ;
                 whereof
                 some
                 are
                 indeed
                 and
                 nature
                 manifest
                 true
                 ,
                 and
                 grounded
                 on
                 necessarie
                 Reason
                 ;
                 and
                 other
                 some
                 are
                 true
                 also
                 ,
                 but
                 vpon
                 matter
                 contingent
                 .
                 
                   Contingent
                   veritie
                
                 was
                 said
                 to
                 be
                 of
                 too
                 kinds
                 .
                 The
                 one
                 grounded
                 on
                 common
                 Presumption
                 and
                 entendement
                 of
                 the
                 Lawes
                 ,
                 which
                 like
                 wise
                 was
                 subdiuided
                 into
                 two
                 branches
                 .
                 Some
                 of
                 them
                 such
                 as
                 doe
                 not
                 admit
                 any
                 Contradiction
                 to
                 impugne
                 them
                 ;
                 For
                 the
                 certaine
                 supposed
                 truth
                 (
                 though
                 indeed
                 not
                 alwaies
                 found
                 ,
                 in
                 them
                 ,
                 yet
                 alwaies
                 deemed
                 by
                 them
                 )
                 alloweth
                 no
                 Controll
                 ;
                 The
                 other
                 sort
                 of
                 Rules
                 resting
                 vpon
                 Entendement
                 ,
                 are
                 such
                 as
                 are
                 
                   Prima
                   facie
                
                 supposed
                 true
                 ,
                 but
                 yet
                 no
                 otherwise
                 supposed
                 true
                 then
                 till
                 the
                 contrarie
                 be
                 proued
                 ,
                 and
                 they
                 impeached
                 of
                 false-hood
                 :
                 Of
                 both
                 which
                 there
                 hath
                 beene
                 shewed
                 sufficient
                 examples
                 .
              
               
                 Now
                 therefore
                 in
                 order
                 followeth
                 the
                 second
                 
                 principall
                 part
                 of
                 
                   Contingent
                   Propositions
                
                 or
                 Grounds
                 framed
                 vpon
                 obseruation
                 of
                 Nature
                 ,
                 and
                 disposition
                 of
                 things
                 ,
                 collected
                 and
                 drawne
                 by
                 discourse
                 of
                 Reason
                 ,
                 because
                 it
                 cannot
                 be
                 equally
                 euident
                 to
                 euery
                 Mans
                 capacitie
                 .
                 And
                 for
                 asmuch
                 as
                 the
                 said
                 Discourse
                 and
                 manner
                 of
                 Reasoning
                 ,
                 through
                 the
                 
                 weakenesse
                 of
                 Mans
                 vnderstanding
                 ,
                 and
                 difficultie
                 of
                 the
                 matter
                 ,
                 may
                 faile
                 and
                 be
                 oftentimes
                 deceiued
                 in
                 some
                 Circumstances
                 which
                 may
                 and
                 daily
                 do
                 occur
                 through
                 the
                 varietie
                 of
                 particular
                 matter
                 ,
                 which
                 againe
                 (
                 in
                 Reason
                 )
                 may
                 offer
                 a
                 Contrary
                 resolution
                 ;
                 Therefore
                 are
                 those
                 Grounds
                 not
                 vniuersally
                 true
                 ,
                 but
                 subiect
                 to
                 many
                 and
                 manifould
                 Exceptions
                 .
                 And
                 yet
                 neuerthelesse
                 true
                 in
                 all
                 such
                 Cases
                 as
                 are
                 not
                 comprehended
                 vnder
                 those
                 Restraints
                 or
                 Exceptions
                 .
                 Of
                 which
                 kinde
                 we
                 mentioned
                 some
                 in
                 the
                 beginning
                 ;
                 As
                 namely
                 .
              
               
                 1.
                 
                 
                   Sublata
                   Causa
                   tollitur
                   Effectus
                
                 .
              
               
                 2.
                 
                 
                   Qui
                   tacet
                   Consentire
                   videtur
                
                 .
              
               
                 3.
                 
                 
                   Quod
                   initio
                   non
                   valet
                   ,
                   tractu
                   temporis
                   non
                   conualescit
                   .
                
              
               
                 4.
                 
                 
                   Quando
                   duo
                   Iura
                   in
                   vno
                   Concurrunt
                   ,
                   aequum
                   est
                   ac
                   si
                   esset
                   in
                   diuersis
                   .
                
              
               
                 Euery
                 of
                 which
                 many
                 other
                 of
                 the
                 like
                 nature
                 ;
                 though
                 they
                 be
                 of
                 themselues
                 ,
                 vpon
                 the
                 first
                 viewe
                 of
                 great
                 Probabilitie
                 ;
                 yet
                 neuerthelesse
                 ,
                 being
                 with
                 more
                 earnest
                 Consideration
                 pondered
                 ,
                 are
                 found
                 not
                 so
                 firme
                 as
                 they
                 seeme
                 ,
                 but
                 are
                 subiect
                 to
                 some
                 controulment
                 ,
                 and
                 to
                 be
                 impeached
                 with
                 sundrie
                 instances
                 and
                 Exceptions
                 .
                 Of
                 such
                 like
                 the
                 number
                 is
                 in
                 manner
                 infinite
                 :
                 at
                 the
                 least
                 many
                 thousands
                 in
                 our
                 Law
                 ,
                 which
                 are
                 published
                 in
                 the
                 French.
                 
              
               
                 
                   Nest
                   Loial
                   pur
                   ascun
                   de
                   enter
                   in
                   le
                   terre
                   del
                   auter
                
                 
                 
                   sans
                   son
                   licence
                
                 .
              
               
                 It
                 is
                 not
                 lawfull
                 to
                 enter
                 in
                 another
                 mans
                 ground
                 without
                 License
                 .
              
               
                 
                   Discent
                   de
                   Estate
                   dinheritance
                   in
                   terr
                   ,
                   toll
                   le
                   entry
                   de
                   ceste
                   que
                   droit
                   ad
                   .
                
              
               
               
                 The
                 discent
                 of
                 an
                 estate
                 of
                 inheritance
                 in
                 Lands
                 taketh
                 away
                 his
                 entrie
                 which
                 hath
                 right
                 .
              
               
                 But
                 these
                 few
                 shall
                 suffice
                 in
                 this
                 place
                 for
                 an
                 Example
                 .
              
               
                 Wherefore
                 for
                 asmuch
                 as
                 the
                 Minde
                 of
                 Man
                 is
                 beautified
                 with
                 two
                 faculties
                 or
                 powers
                 in
                 qualitie
                 different
                 ,
                 though
                 flowing
                 from
                 that
                 which
                 is
                 in
                 Nature
                 indiuisible
                 ;
                 whereof
                 the
                 one
                 we
                 now
                 call
                 for
                 distinction
                 sake
                 
                   (
                   Capacitie
                
                 )
                 and
                 the
                 other
                 
                   (
                   Discourse
                   )
                
                 .
              
               
                 By
                 the
                 former
                 of
                 which
                 we
                 apprehend
                 ,
                 as
                 with
                 the
                 in
                 ward
                 eye
                 ,
                 the
                 naturall
                 light
                 and
                 resplendency
                 of
                 many
                 
                   Primarie
                   Propositions
                
                 ,
                 and
                 knowne
                 Motions
                 ;
                 whose
                 clearenesse
                 and
                 euidence
                 causeth
                 euery
                 one
                 to
                 yeeld
                 thereto
                 their
                 consent
                 .
              
               
                 And
                 by
                 the
                 later
                 we
                 doe
                 Collect
                 ,
                 reason
                 ,
                 argue
                 ,
                 and
                 infer
                 of
                 those
                 former
                 Motions
                 and
                 Resolutions
                 ,
                 certaine
                 
                   Secondarie
                   Propositions
                
                 discended
                 and
                 deriued
                 from
                 the
                 first
                 ,
                 as
                 branches
                 from
                 the
                 Roote
                 ,
                 or
                 Riuers
                 from
                 the
                 Fountaine
                 ;
                 which
                 by
                 how
                 much
                 the
                 more
                 they
                 are
                 drawne
                 from
                 their
                 sping
                 ,
                 by
                 so
                 much
                 the
                 more
                 (
                 by
                 reason
                 of
                 the
                 varietie
                 of
                 interposed
                 Circumstances
                 )
                 they
                 are
                 oftentimes
                 obscured
                 and
                 made
                 lesse
                 cleare
                 and
                 euident
                 .
              
               
                 And
                 sith
                 that
                 euery
                 Science
                 is
                 not
                 of
                 like
                 Certainty
                 ,
                 by
                 reason
                 of
                 the
                 variable
                 condition
                 of
                 the
                 subiect
                 
                 whereupon
                 it
                 is
                 imploved
                 ;
                 so
                 that
                 rightly
                 of
                 Morall
                 Philosophy
                 (
                 consisting
                 wholly
                 of
                 mans
                 changeable
                 and
                 inconstant
                 conuersation
                 ,
                 and
                 from
                 whence
                 indeed
                 ,
                 the
                 knowledge
                 of
                 all
                 Lawes
                 are
                 in
                 
                 a
                 generality
                 deriued
                 ,
                 and
                 thereto
                 to
                 be
                 referred
                 )
                 said
                 ,
                 the
                 Philosopher
                 Aristotle
                 right
                 well
                 in
                 excuse
                 of
                 his
                 
                 
                 purposed
                 Method
                 in
                 the
                 deliuery
                 of
                 the
                 same
                 ,
                 That
                 
                   Doctrina
                   discernens
                   honesta
                   &
                   turpia
                   ,
                   tantis
                   dubitationum
                   fluctibus
                   concutitur
                   ,
                   ut
                   multis
                   lege
                   tantum
                   &
                   opinione
                   ,
                   non
                   naturâ
                   ,
                   constitutum
                   esse
                   ius
                   videatur
                   .
                
                 It
                 followeth
                 me
                 thinketh
                 ,
                 of
                 necessity
                 ,
                 that
                 it
                 is
                 scarcely
                 possible
                 to
                 make
                 any
                 secondary
                 Rule
                 of
                 Law
                 ,
                 but
                 that
                 it
                 shall
                 faile
                 in
                 some
                 particular
                 case
                 :
                 whence
                 springeth
                 this
                 often
                 vsed
                 assertion
                 ,
                 
                   Non
                   est
                   Regula
                   quin
                   fallat
                
                 :
                 And
                 therefore
                 the
                 Ordainers
                 and
                 Interpreters
                 of
                 Law
                 ,
                 respect
                 rather
                 those
                 things
                 which
                 may
                 often
                 happen
                 ;
                 and
                 not
                 euery
                 particular
                 circumstance
                 ,
                 for
                 the
                 which
                 though
                 they
                 would
                 ,
                 they
                 should
                 not
                 bee
                 able
                 by
                 any
                 positiue
                 Law
                 to
                 make
                 prouision
                 .
              
               
                 By
                 reason
                 whereof
                 they
                 doe
                 permit
                 ,
                 the
                 Rules
                 ,
                 Axiomes
                 ,
                 and
                 Propositions
                 of
                 the
                 common
                 Law
                 ,
                 vpon
                 discourse
                 and
                 disputation
                 of
                 reason
                 ,
                 to
                 bee
                 restrained
                 by
                 exceptions
                 ;
                 which
                 are
                 grounded
                 vpon
                 two
                 causes
                 .
                 The
                 one
                 is
                 Equity
                 :
                 The
                 other
                 is
                 some
                 other
                 Rule
                 or
                 Ground
                 of
                 Law
                 ,
                 which
                 seemeth
                 to
                 encounter
                 the
                 Ground
                 or
                 Rule
                 proposed
                 :
                 wherein
                 ,
                 for
                 conformities
                 sake
                 ,
                 and
                 that
                 no
                 absurdity
                 or
                 contradiction
                 be
                 permitted
                 ,
                 certaine
                 exceptions
                 are
                 framed
                 ,
                 which
                 doe
                 not
                 onely
                 knit
                 and
                 conioyne
                 one
                 Rule
                 in
                 reason
                 to
                 another
                 ,
                 but
                 by
                 meanes
                 of
                 their
                 equitie
                 ,
                 temper
                 the
                 rigour
                 of
                 the
                 Law
                 ,
                 which
                 vpon
                 some
                 certaine
                 circumstances
                 in
                 euery
                 of
                 the
                 said
                 Rules
                 might
                 happen
                 and
                 fall
                 out
                 :
                 
                   Et
                   omnia
                   benè
                   coaequiparat
                
                 ,
                 as
                 saith
                 Bracton
                 .
                 
              
               
                 And
                 therefore
                 the
                 Author
                 of
                 the
                 Dialogues
                 betweene
                 the
                 Doctor
                 and
                 Student
                 describeth
                 equity
                 
                 according
                 to
                 this
                 the
                 effect
                 thereof
                 here
                 mentioned
                 :
                 
                 which
                 is
                 that
                 it
                 is
                 no
                 other
                 thing
                 ,
                 but
                 an
                 exception
                 of
                 the
                 Law
                 of
                 God
                 or
                 of
                 Reason
                 from
                 the
                 generall
                 Rules
                 of
                 the
                 Law
                 of
                 man
                 ,
                 when
                 they
                 by
                 reason
                 of
                 their
                 generality
                 ,
                 would
                 in
                 any
                 particular
                 case
                 ,
                 iudge
                 against
                 the
                 Law
                 of
                 God
                 ,
                 or
                 the
                 Law
                 of
                 Reason
                 :
                 The
                 which
                 exception
                 is
                 secretly
                 vnderstood
                 in
                 euery
                 generall
                 Rule
                 of
                 euery
                 positiue
                 Law.
                 And
                 a
                 little
                 after
                 ,
                 in
                 the
                 same
                 place
                 affirmeth
                 ,
                 That
                 equity
                 followeth
                 the
                 Law
                 in
                 all
                 particular
                 cases
                 ,
                 where
                 right
                 and
                 iustice
                 requireth
                 ,
                 notwithstanding
                 that
                 the
                 generall
                 Rule
                 of
                 the
                 Law
                 bee
                 to
                 the
                 contrary
                 .
              
               
                 And
                 the
                 exception
                 so
                 framed
                 vpon
                 any
                 Rule
                 or
                 Ground
                 to
                 the
                 which
                 it
                 is
                 annexed
                 ,
                 doth
                 not
                 impeach
                 the
                 credit
                 of
                 the
                 said
                 Ground
                 ;
                 but
                 being
                 included
                 
                 therein
                 ,
                 as
                 aforesaid
                 ,
                 
                   Format
                   Regulam
                   in
                   omnibus
                   casibus
                   non
                   exceptis
                   .
                
              
               
                 But
                 lest
                 some
                 men
                 might
                 thinke
                 ,
                 that
                 whatsoeeuer
                 is
                 spoken
                 in
                 the
                 said
                 Dialogues
                 touching
                 equity
                 might
                 be
                 onely
                 vnderstood
                 of
                 that
                 equity
                 which
                 either
                 enlargeth
                 or
                 restraineth
                 statute
                 Lawes
                 (
                 and
                 of
                 which
                 Mr.
                 Plowden
                 in
                 his
                 Appendix
                 vnto
                 the
                 Argument
                 of
                 the
                 case
                 of
                 Eston
                 and
                 Studd
                 ,
                 in
                 his
                 second
                 Commentaries
                 so
                 largely
                 out
                 of
                 Aristotle
                 and
                 Bracton
                 discourseth
                 .
                 There
                 followeth
                 in
                 the
                 same
                 place
                 of
                 the
                 said
                 Dialogues
                 ,
                 and
                 in
                 the
                 Chapter
                 next
                 ensuing
                 are
                 proposed
                 two
                 Axiomes
                 ,
                 Groundes
                 ,
                 or
                 Rules
                 ,
                 with
                 their
                 exceptions
                 ,
                 there
                 put
                 for
                 example
                 ,
                 and
                 which
                 doe
                 tend
                 to
                 the
                 purpose
                 and
                 proofe
                 of
                 that
                 whereof
                 we
                 now
                 speake
                 .
              
               
                 And
                 because
                 that
                 those
                 said
                 Rules
                 there
                 mentioned
                 are
                 last
                 of
                 all
                 here
                 for
                 example
                 before
                 proposed
                 ,
                 
                 it
                 shall
                 bee
                 requisite
                 first
                 of
                 all
                 to
                 furnish
                 euery
                 of
                 them
                 with
                 examples
                 .
              
               
                 But
                 yet
                 for
                 the
                 better
                 vnderstanding
                 of
                 that
                 which
                 is
                 behoofefull
                 to
                 be
                 knowne
                 concerning
                 equitie
                 in
                 Generall
                 ,
                 we
                 are
                 to
                 note
                 that
                 euery
                 Rule
                 with
                 his
                 exceptions
                 or
                 (
                 to
                 speake
                 otherwise
                 in
                 words
                 )
                 euery
                 receiued
                 difference
                 in
                 the
                 Law
                 (
                 being
                 indeede
                 nothing
                 but
                 a
                 Rule
                 or
                 Ground
                 and
                 his
                 exceptions
                 )
                 doth
                 either
                 flow
                 from
                 equitie
                 ,
                 or
                 else
                 result
                 of
                 the
                 combining
                 of
                 two
                 Rules
                 together
                 ,
                 as
                 before
                 hath
                 beene
                 declared
                 .
              
               
                 The
                 vse
                 therefore
                 of
                 equitie
                 is
                 triple
                 in
                 our
                 Law
                 :
                 
                 For
              
               
                 1
                 Either
                 it
                 keepeth
                 the
                 common
                 Law
                 in
                 conformity
                 by
                 meanes
                 here
                 mentioned
                 .
              
               
                 2
                 Or
                 it
                 expoundeth
                 the
                 Statute
                 Law.
                 
              
               
                 3
                 Or
                 thirdly
                 giueth
                 remedy
                 in
                 the
                 Court
                 of
                 Conscience
                 in
                 cases
                 of
                 extremitie
                 which
                 otherwise
                 by
                 the
                 Lawes
                 are
                 least
                 vnredressed
                 .
              
               
                 Wherefore
                 as
                 all
                 men
                 endewed
                 with
                 the
                 right
                 vse
                 of
                 reason
                 ,
                 and
                 conuersant
                 in
                 the
                 knowledge
                 of
                 any
                 Law
                 ,
                 must
                 of
                 necessity
                 confesse
                 ,
                 that
                 euery
                 Law
                 doth
                 stand
                 vpon
                 permanent
                 Rules
                 ,
                 as
                 of
                 Iron
                 not
                 to
                 be
                 bent
                 or
                 broken
                 vpon
                 this
                 or
                 that
                 occasion
                 ,
                 or
                 to
                 be
                 infringed
                 vpon
                 this
                 or
                 that
                 occurrence
                 (
                 for
                 else
                 there
                 neede
                 no
                 Court
                 of
                 Law
                 ,
                 but
                 all
                 should
                 be
                 one
                 with
                 the
                 Court
                 of
                 Conscience
                 ,
                 and
                 haue
                 their
                 proceedings
                 framed
                 according
                 to
                 the
                 Arbitrary
                 conceipt
                 of
                 the
                 Iustice
                 )
                 So
                 likewise
                 neuerthelesse
                 ,
                 vpon
                 euery
                 circumstance
                 of
                 time
                 ,
                 person
                 ,
                 place
                 ,
                 and
                 the
                 manner
                 of
                 doing
                 ,
                 there
                 falleth
                 out
                 such
                 matter
                 of
                 equitie
                 ,
                 that
                 if
                 Law
                 should
                 be
                 pursued
                 according
                 to
                 
                 the
                 setled
                 Rules
                 thereof
                 ,
                 
                   Summum
                   Ius
                
                 (
                 as
                 Cicero
                 saith
                 )
                 would
                 prooue
                 
                   Summa
                   iniuria
                
                 :
                 wherefore
                 Law
                 without
                 equitie
                 were
                 rigour
                 .
                 And
                 yet
                 againe
                 ,
                 of
                 the
                 other
                 side
                 ,
                 if
                 all
                 Lawes
                 should
                 change
                 and
                 bee
                 controlled
                 as
                 often
                 in
                 euery
                 case
                 as
                 equitie
                 would
                 require
                 ,
                 then
                 should
                 there
                 be
                 (
                 as
                 aforesaid
                 )
                 no
                 Law
                 certaine
                 .
                 And
                 therefore
                 it
                 standeth
                 with
                 good
                 reason
                 ,
                 that
                 the
                 common
                 Law
                 in
                 some
                 cases
                 ,
                 should
                 allow
                 and
                 follow
                 equitie
                 ,
                 as
                 farre
                 forth
                 as
                 the
                 constancy
                 of
                 the
                 Law
                 would
                 permit
                 ,
                 and
                 for
                 the
                 better
                 conformity
                 of
                 one
                 Rule
                 thereof
                 with
                 another
                 :
                 which
                 common
                 Law
                 againe
                 in
                 other
                 cases
                 should
                 refuse
                 equitie
                 for
                 the
                 better
                 auoiding
                 of
                 confusion
                 .
              
            
             
               
                 Notes
                 collected
                 out
                 of
                 Authors
                 touching
                 exceptions
                 of
                 Rules
                 ,
                 and
                 from
                 whence
                 they
                 spring
                 .
              
               
                 EQuitie
                 therefore
                 in
                 all
                 the
                 vse
                 thereof
                 ,
                 and
                 in
                 euery
                 of
                 the
                 threefold
                 before
                 mentioned
                 obseruations
                 hath
                 a
                 double
                 Office
                 ,
                 Effect
                 ,
                 or
                 Function
                 .
              
               
                 Sometimes
                 it
                 doth
                 amplifie
                 .
              
               
                 Sometimes
                 againe
                 (
                 when
                 reason
                 will
                 )
                 it
                 doth
                 diminsh
                 or
                 extenuate
                 .
              
               
                 A
                 description
                 of
                 the
                 former
                 is
                 that
                 which
                 Bracton
                 
                 yeeldeth
                 ,
                 
                   Aequitas
                   est
                   rerum
                   conuenientia
                   quae
                   in
                   paribus
                   causis
                   paria
                   desiderat
                   iura
                   ,
                   &
                   omnia
                   bene
                   coaequiperat
                   ,
                   &
                   dicitur
                   aequitas
                   quasi
                   aequalitas
                   .
                
                 
              
               
                 This
                 enlargeth
                 the
                 common
                 Law
                 ;
                 for
                 it
                 teacheth
                 to
                 proceed
                 in
                 the
                 same
                 from
                 one
                 case
                 to
                 another
                 like
                 
                 thereunto
                 ;
                 and
                 so
                 to
                 proceed
                 ,
                 that
                 
                   Si
                   aliqua
                   nova
                   &
                   inconsueta
                   emerserunt
                   ,
                   &
                   quae
                   priùs
                   usitata
                   non
                   fuerint
                
                 
                 
                   in
                   regno
                   ;
                   si
                   tamen
                   similia
                   evenerint
                   ,
                   per
                   simile
                   iudicientur
                   ;
                   cum
                   bona
                   sit
                   occasio
                   à
                   similibus
                   procedere
                   ad
                   similia
                   .
                
              
               
                 And
                 therefore
                 these
                 cases
                 differing
                 neuer
                 so
                 much
                 in
                 circumstance
                 ,
                 so
                 that
                 they
                 doe
                 concurre
                 in
                 reason
                 ,
                 should
                 be
                 ruled
                 after
                 one
                 and
                 the
                 selfe
                 same
                 mannner
                 .
                 For
                 ,
                 
                   Vbi
                   est
                   eadem
                   ratio
                   ,
                   idem
                   ius
                   statuendum
                   est
                   .
                
                 But
                 hereof
                 we
                 shall
                 hereafter
                 haue
                 more
                 ample
                 occasion
                 to
                 speake
                 ,
                 when
                 we
                 take
                 in
                 hand
                 the
                 last
                 of
                 Aristotles
                 ,
                 before
                 remembred
                 ,
                 obseruations
                 ;
                 namely
                 
                   Similitudinum
                   collectionem
                
                 ,
                 or
                 cognitionem
                 .
              
               
                 This
                 equitie
                 moreouer
                 in
                 Satutes
                 enlargeth
                 the
                 letter
                 to
                 cases
                 not
                 comprehended
                 within
                 the
                 words
                 ;
                 if
                 neuerthelesse
                 they
                 doe
                 stand
                 in
                 equall
                 mischiefe
                 .
              
               
                 Lastly
                 in
                 all
                 cases
                 of
                 mischiefe
                 ,
                 for
                 redresse
                 whereof
                 Positiue
                 Law
                 or
                 ordinary
                 Rules
                 of
                 Law
                 are
                 defectiue
                 ;
                 equity
                 extendeth
                 forth
                 her
                 hand
                 in
                 the
                 Court
                 of
                 Conscience
                 to
                 helpe
                 therein
                 the
                 said
                 defect
                 of
                 the
                 Lawes
                 .
              
               
                 The
                 second
                 kinde
                 of
                 equity
                 doth
                 againe
                 of
                 the
                 other
                 side
                 restraine
                 the
                 ample
                 or
                 generall
                 rules
                 of
                 the
                 common
                 Lawes
                 by
                 ministring
                 exceptions
                 ,
                 in
                 like
                 manner
                 as
                 is
                 before
                 remembred
                 .
              
               
                 And
                 in
                 statute
                 Law
                 it
                 doth
                 also
                 limit
                 the
                 ouerlarge
                 letter
                 ,
                 drawing
                 it
                 wholly
                 to
                 ,
                 and
                 keeping
                 it
                 within
                 the
                 bounds
                 of
                 the
                 intent
                 &
                 meaning
                 of
                 the
                 makers
                 .
              
               
                 In
                 the
                 Court
                 of
                 Conscience
                 it
                 giueth
                 likewise
                 comfort
                 ,
                 considereth
                 all
                 the
                 circumstances
                 of
                 the
                 fact
                 ,
                 and
                 is
                 as
                 it
                 were
                 tempered
                 with
                 the
                 sweetnesse
                 of
                 mercy
                 ,
                 and
                 mitigateth
                 the
                 rigour
                 of
                 the
                 common
                 
                 Law
                 ;
                 and
                 leauing
                 the
                 inflexible
                 stiffe
                 Iron
                 rule
                 ,
                 taketh
                 in
                 hand
                 the
                 Leaden
                 Lesbian
                 rule
                 :
                 which
                 being
                 rightly
                 swaied
                 in
                 cases
                 of
                 extremity
                 ,
                 and
                 herein
                 ,
                 enioyning
                 the
                 common
                 Law
                 of
                 her
                 strait
                 proceeding
                 ,
                 issueth
                 this
                 sentence
                 full
                 of
                 comfort
                 to
                 the
                 afflicted
                 ,
                 
                   Nullus
                   recedat
                   à
                   Cancellaria
                   sine
                   remedio
                   .
                
                 
              
               
                 Wherefore
                 if
                 the
                 same
                 equity
                 bee
                 vsed
                 in
                 such
                 cases
                 onely
                 as
                 are
                 of
                 extremity
                 (
                 as
                 indeed
                 it
                 should
                 )
                 it
                 causeth
                 the
                 Chancellour
                 ,
                 into
                 whose
                 hand
                 the
                 managing
                 thereof
                 within
                 this
                 Realme
                 is
                 committed
                 to
                 be
                 in
                 high
                 estimation
                 of
                 honour
                 :
                 so
                 that
                 
                   In
                   eius
                
                 
                 
                   sorte
                   iuris
                   dicendi
                   gloriam
                   conciliat
                   magnitudo
                   negotij
                   ,
                   gratiam
                   aequitatis
                   largitio
                   ;
                   in
                   quâ
                   sorte
                   sapiens
                   Praetor
                   offensionem
                   vitat
                   aequabilitate
                   decernendi
                   ;
                   benevolentiam
                   adiungit
                   lenitate
                   audiendi
                   .
                
              
               
                 And
                 thus
                 much
                 by
                 the
                 way
                 hath
                 beene
                 spoken
                 of
                 equitie
                 ,
                 upon
                 the
                 occasion
                 of
                 speech
                 of
                 exceptions
                 which
                 doe
                 restraine
                 Rules
                 and
                 Axiomes
                 ,
                 that
                 the
                 originall
                 fountaine
                 from
                 whence
                 such
                 exceptions
                 doe
                 spring
                 ,
                 might
                 the
                 better
                 and
                 more
                 manifestly
                 be
                 conceiued
                 .
              
               
                 And
                 therefore
                 thus
                 much
                 thereof
                 sufficeth
                 ,
                 reseruing
                 the
                 rest
                 to
                 his
                 due
                 and
                 natiue
                 place
                 .
              
               
                 Now
                 wee
                 will
                 proceed
                 with
                 the
                 first
                 example
                 published
                 in
                 the
                 said
                 Dialogues
                 of
                 the
                 Doctor
                 and
                 Student
                 ,
                 concerning
                 the
                 exceptions
                 attributed
                 and
                 annexed
                 vnto
                 Maximes
                 ,
                 Rules
                 and
                 Grounds
                 .
              
               
                 There
                 is
                 saith
                 hee
                 a
                 generall
                 prohibition
                 in
                 the
                 Lawes
                 of
                 England
                 ;
                 That
              
               
                 It
                 is
                 not
                 lawfull
                 for
                 any
                 man
                 to
                 enter
                 into
                 possession
                 
                 or
                 freehold
                 of
                 another
                 without
                 authority
                 of
                 the
                 owner
                 ,
                 or
                 of
                 the
                 Law.
                 
              
               
               
                 This
                 Ground
                 may
                 be
                 proued
                 by
                 many
                 particular
                 cases
                 and
                 authorities
                 :
                 for
                 the
                 Law
                 of
                 property
                 would
                 that
                 euery
                 mans
                 owne
                 should
                 be
                 priuate
                 and
                 peculiar
                 vnto
                 himselfe
                 ;
                 and
                 therefore
                 it
                 is
                 said
                 ,
                 That
              
               
                 
                   Nest
                   loyal
                   al
                   un
                   de
                   enter
                   en
                   mon
                   terre
                   sauns
                   mov
                
                 
                 licence
                 .
              
               
                 
                   Lou
                   mes
                   beasts
                   sont
                   damage
                   fesant
                   in
                   auter
                   terr
                   ,
                
                 
                 
                   ie
                   en
                   puis
                   enter
                   pur
                   eux
                   enchaser
                   hors
                   ains
                   convient
                   a
                   moy
                   primerment
                   a
                   tender
                   amends
                   .
                
              
               
                 If
                 my
                 beasts
                 be
                 damage
                 fesant
                 in
                 anothers
                 ground
                 ,
                 I
                 may
                 not
                 enter
                 and
                 driue
                 them
                 out
                 ,
                 but
                 I
                 ought
                 first
                 to
                 tender
                 an
                 amends
                 .
              
               
                 
                   Si
                   home
                   ad
                   merisme
                   gisant
                   sur
                   laterr
                   d'un
                   auter
                   ,
                
                 
                 
                   il
                   ne
                   poit
                   iustifier
                   le
                   entry
                   in
                   le
                   terr
                   a
                   veyer
                   ceosi
                   soit
                   in
                   bon
                   plyte
                   .
                
              
               
                 If
                 one
                 haue
                 his
                 timber
                 lying
                 on
                 anothers
                 ground
                 ,
                 he
                 cannot
                 iustifie
                 his
                 entry
                 to
                 see
                 his
                 timber
                 in
                 good
                 case
                 .
              
               
                 
                   Si
                   maison
                   soit
                   lease
                   a
                   moy
                   et
                   ieo
                   mit
                   mon
                   biens
                   en
                
                 
                 
                   ceo
                   &
                   puis
                   mon
                   lease
                   expire
                   les
                   dits
                   biens
                   estant
                   in
                   le
                   meason
                   ,
                   nest
                   layal
                   pur
                   moy
                   a
                   ore
                   pur
                   enter
                   en
                   le
                   dit
                   meason
                   de
                   eux
                   prender
                   .
                
              
               
                 If
                 a
                 house
                 bee
                 leased
                 to
                 me
                 wherein
                 I
                 put
                 my
                 goods
                 where
                 they
                 lye
                 till
                 the
                 lease
                 be
                 expired
                 ,
                 I
                 cannot
                 now
                 enter
                 into
                 the
                 house
                 to
                 take
                 them
                 .
              
               
                 
                   Si
                   ieo
                   mit
                   mon
                   chiual
                   in
                   voster
                   stable
                   &
                   vous
                   ne
                   voiles
                   ceo
                   deliver
                   a
                   moy
                   ,
                   et
                   ico
                   enter
                   et
                   enfrend
                   vostre
                
                 
                 
                   stable
                   ,
                   ieo
                   sera
                   puny
                   pur
                   l'entry
                   ,
                   et
                   le
                   enfreinder
                   del
                   stable
                   ,
                   mes
                   nemy
                   pur
                   le
                   prisel
                   del
                   chivall
                   .
                
              
               
                 If
                 I
                 put
                 my
                 horse
                 into
                 your
                 stable
                 ,
                 and
                 you
                 will
                 not
                 deliuer
                 him
                 vnto
                 me
                 ;
                 if
                 I
                 enter
                 and
                 breake
                 your
                 stable
                 ,
                 I
                 shall
                 be
                 punished
                 for
                 entring
                 and
                 breaking
                 
                 the
                 stable
                 ,
                 but
                 not
                 for
                 taking
                 my
                 horse
                 .
              
               
                 
                   Si
                   ieo
                   command
                   un
                   a
                   deliuer
                   a
                   vous
                   certaine
                   beasts
                
                 
                 
                   quesont
                   en
                   mon
                   Park
                   ,
                   nest
                   loyal
                   pur
                   vous
                   de
                   enter
                   en
                   mon
                   Park
                   ,
                   et
                   prender
                   les
                   dits
                   beasts
                   ,
                   ovesque
                   cestique
                   ieo
                   issent
                   command
                   per
                   reason
                   de
                   cest
                   commandment
                   ;
                   car
                   vous
                   purra
                   assets
                   bien
                   eux
                   receiver
                   coment
                   que
                   vous
                   demurres
                   hors
                   del
                   Park
                   .
                
              
               
                 If
                 I
                 command
                 one
                 to
                 deliuer
                 you
                 certaine
                 cattell
                 out
                 of
                 my
                 Park
                 ,
                 it
                 is
                 not
                 lawfull
                 for
                 you
                 to
                 enter
                 into
                 my
                 Park
                 with
                 him
                 whom
                 I
                 commanded
                 to
                 deliuer
                 them
                 :
                 for
                 you
                 may
                 receiue
                 them
                 though
                 you
                 stay
                 without
                 the
                 Park
                 .
              
               
                 
                   Si
                   ieo
                   baile
                   biens
                   al
                   home
                   ,
                   ieo
                   ne
                   puis
                   iustifier
                   l'entry
                
                 
                 
                   en
                   son
                   meason
                   pur
                   prender
                   les
                   biens
                   ,
                   car
                   ceo
                   non
                   fut
                   per
                   nul
                   tort
                   que
                   ils
                   viendra
                   la
                   ,
                   mes
                   per
                   l'act
                   de
                   nous
                   ambideux
                   .
                
              
               
                 If
                 I
                 deliuer
                 my
                 goods
                 vnto
                 a
                 man
                 ,
                 I
                 cannot
                 iustifie
                 the
                 entring
                 into
                 his
                 house
                 to
                 take
                 them
                 &c.
                 
              
               
                 
                   Si
                   le
                   vicont
                   ad
                   fierifacias
                   pur
                   leuier
                   deniers
                   recouers
                
                 
                 
                   vers
                   ascun
                   ,
                   uncore
                   si
                   per
                   force
                   de
                   ceo
                   il
                   ne
                   voile
                   enter
                   et
                   detraser
                   le
                   meason
                   de
                   cesti
                   vers
                   que
                   le
                   recouery
                   fat
                   ,
                   il
                   sera
                   de
                   ceo
                   puny
                   pur
                   cest
                   entry
                   en
                   trespas
                   .
                
              
               
                 If
                 the
                 Shriefe
                 hath
                 a
                 fierifacias
                 ,
                 to
                 leuie
                 money
                 recouered
                 ,
                 if
                 by
                 force
                 thereof
                 he
                 enter
                 ,
                 and
                 breake
                 the
                 house
                 of
                 the
                 debtor
                 ,
                 he
                 is
                 subiect
                 to
                 an
                 action
                 of
                 trespasse
                 .
              
               
                 
                   Si
                   un
                   Vicar
                   ad
                   offrings
                   in
                   un
                   Chapel
                   de
                   quel
                   Chapel
                
                 
                 
                   le
                   franktennant
                   est
                   in
                   moy
                   ;
                   il
                   ne
                   poiet
                   ceo
                   iustifiera
                   l'entry
                   et
                   debruser
                   de
                   ma
                   Chapel
                   pur
                   eux
                   prender
                   hors
                   .
                
              
               
                 If
                 a
                 Priest
                 haue
                 offerings
                 in
                 a
                 Chappell
                 ,
                 the
                 freehold
                 
                 of
                 which
                 is
                 in
                 me
                 ,
                 hee
                 cannot
                 iustifie
                 the
                 entry
                 and
                 breaking
                 the
                 Chappell
                 to
                 take
                 out
                 his
                 offtings
                 .
              
               
                 
                   Si
                   home
                   eant
                   in
                   sa
                   Garren
                   demesn
                   spring
                   un
                   Feasant
                   ,
                
                 
                 
                   et
                   lessa
                   sa
                   falcon
                   voler
                   a
                   ceo
                   que
                   vola
                   in
                   le
                   Garren
                   d'un
                   auter
                   home
                   ,
                   et
                   la
                   prist
                   le
                   Feasant
                   ,
                   nest
                   loial
                   pur
                   le
                   owner
                   del
                   falcon
                   ,
                   pur
                   enter
                   in
                   le
                   auter
                   Garren
                   ,
                   et
                   de
                   la
                   emporter
                   .
                
              
               
                 If
                 a
                 man
                 spring
                 a
                 Pheasant
                 in
                 his
                 owne
                 Warren
                 ,
                 and
                 let
                 his
                 falcon
                 flye
                 at
                 her
                 ,
                 and
                 she
                 flyes
                 into
                 anothers
                 Warren
                 and
                 there
                 taketh
                 the
                 Pheasant
                 ,
                 hee
                 that
                 oweth
                 the
                 Hawke
                 cannot
                 enter
                 into
                 the
                 others
                 ground
                 to
                 take
                 her
                 .
              
               
                 Hauing
                 proued
                 the
                 former
                 ground
                 with
                 these
                 sufficient
                 former
                 authorities
                 ,
                 let
                 vs
                 now
                 descend
                 vnto
                 the
                 examination
                 of
                 such
                 exceptions
                 of
                 the
                 said
                 proposition
                 ,
                 as
                 may
                 exemplifie
                 our
                 former
                 speeches
                 ;
                 whereof
                 some
                 certaine
                 being
                 orderly
                 deliuered
                 and
                 confirmed
                 with
                 some
                 authorities
                 of
                 booke
                 cases
                 ,
                 I
                 hold
                 it
                 sufficient
                 so
                 to
                 make
                 manifest
                 our
                 meaning
                 at
                 this
                 present
                 ;
                 leauing
                 a
                 more
                 exact
                 consideration
                 thereof
                 to
                 more
                 fit
                 place
                 and
                 opportunity
                 .
              
               
                 We
                 are
                 therefore
                 to
                 conceiue
                 that
                 there
                 is
                 an
                 infallible
                 rule
                 of
                 Law
                 ,
                 That
              
               
                 
                   Le
                   Common
                   wealth
                   est
                   deste
                   prefer
                   devant
                   ascun
                   private
                   wealth
                   .
                
              
               
                 The
                 Common
                 wealth
                 is
                 to
                 bee
                 preferred
                 before
                 any
                 priuate
                 wealth
                 .
              
               
                 By
                 reason
                 whereof
                 lest
                 contradiction
                 betweene
                 the
                 said
                 proposed
                 rule
                 and
                 this
                 now
                 in
                 hand
                 should
                 ensue
                 vpon
                 some
                 circumstance
                 which
                 may
                 fall
                 out
                 ;
                 therefore
                 the
                 said
                 last
                 specified
                 ground
                 ,
                 concerning
                 
                 the
                 benefit
                 of
                 the
                 Common
                 wealth
                 ;
                 doth
                 minister
                 an
                 exception
                 for
                 the
                 better
                 vnderstanding
                 of
                 the
                 aforesaid
                 rule
                 proposed
                 ,
                 namely
                 ,
                 That
              
               
                 
                   Home
                   poit
                   iustifie
                   son
                   entre
                   en
                   le
                   franktenement
                   ou
                
                 
                 
                   sur
                   le
                   possession
                   de
                   un
                   auter
                   si
                   soit
                   pur
                   le
                   benefit
                   del
                   Common
                   wealth
                   .
                
              
               
                 A
                 man
                 may
                 iustifie
                 his
                 entry
                 into
                 anothers
                 free-hold
                 ,
                 if
                 it
                 be
                 for
                 the
                 good
                 and
                 benefit
                 of
                 the
                 Common
                 wealth
                 .
              
               
                 And
                 therefore
                 these
                 cases
                 following
                 depending
                 therupon
                 are
                 produced
                 to
                 proue
                 &
                 manifest
                 the
                 same
                 .
              
               
                 
                   Si
                   ieo
                   vien
                   in
                   vostre
                   terre
                   ,
                   et
                   occide
                   un
                   Fox
                   ,
                   un
                   Gray
                   ,
                   ou
                   un
                   Otter
                   ,
                   pur
                   cest
                   entry
                   ieo
                   ne
                   sera
                   my
                   puny
                   ,
                
                 
                 
                   pur
                   ceo
                   que
                   sont
                   beasts
                   encounter
                   le
                   Common
                   profit
                   .
                
              
               
                 If
                 I
                 come
                 into
                 your
                 ground
                 to
                 kill
                 a
                 Fox
                 ,
                 Gray
                 ,
                 or
                 Otter
                 ,
                 for
                 this
                 entry
                 I
                 shall
                 not
                 be
                 punished
                 ;
                 for
                 they
                 are
                 beasts
                 against
                 the
                 Common
                 profit
                 .
              
               
                 
                   Pur
                   le
                   Common
                   wealth
                   meason
                   sera
                   plucked
                   down
                   si
                   le
                   prochein
                   Meason
                   soit
                   ardent
                   .
                
                 
              
               
                 For
                 the
                 good
                 of
                 the
                 Common-wealth
                 an
                 house
                 shall
                 be
                 pulled
                 downe
                 if
                 the
                 next
                 be
                 fired
                 .
              
               
                 
                   Et
                   Suburbes
                   del
                   Citie
                   seront
                   plucked
                   downe
                   in
                   temps
                   de
                   Guerr
                   ,
                   pur
                   ceo
                   que
                   ceo
                   est
                   pur
                   le
                   common
                
                 
                 
                   wealth
                   :
                   Et
                   chose
                   que
                   est
                   pur
                   le
                   common
                   wealth
                   chascune
                   poit
                   faire
                   sans
                   aver
                   action
                   .
                
              
               
                 And
                 the
                 suburbes
                 of
                 a
                 Citie
                 shall
                 be
                 razed
                 in
                 the
                 time
                 of
                 war
                 :
                 And
                 that
                 which
                 is
                 for
                 the
                 good
                 and
                 profit
                 of
                 the
                 Common
                 weath
                 any
                 man
                 may
                 do
                 without
                 danger
                 of
                 anothers
                 action
                 .
              
               
                 
                   Home
                   iustifiera
                   son
                   entry
                   in
                   auter
                   terr
                   in
                   tempore
                
                 
                 
                   de
                   Guerr
                   pur
                   faire
                   Bullwarke
                   in
                   defence
                   del
                   Realme
                   ,
                   Et
                   ceux
                   choses
                   sont
                   iustifiible
                   &
                   loial
                   pur
                   maintenance
                   
                   del
                   common-wealth
                   .
                
              
               
                 A
                 man
                 may
                 iustifie
                 his
                 going
                 into
                 another
                 mans
                 ground
                 in
                 time
                 of
                 war
                 to
                 make
                 a
                 Bulwarke
                 in
                 defence
                 of
                 the
                 Realme
                 &c.
                 
              
               
                 
                   Pur
                   felony
                   ,
                   ou
                   pur
                   suspicion
                   de
                   felony
                   home
                   poit
                   de
                
                 
                 
                   bruser
                   meason
                   pur
                   prender
                   le
                   felon
                   ,
                   car
                   il
                   est
                   pur
                   le
                   Common
                   wealth
                   pur
                   prender
                   eux
                   .
                
              
               
                 For
                 felony
                 or
                 suspition
                 thereof
                 a
                 man
                 may
                 breake
                 a
                 house
                 to
                 take
                 the
                 Felon
                 ;
                 For
                 it
                 is
                 the
                 good
                 of
                 the
                 Common-wealth
                 ,
                 to
                 haue
                 him
                 taken
                 :
                 With
                 such
                 like
                 .
              
               
                 Moreouer
                 because
                 there
                 is
                 another
                 Rule
                 of
                 Law
                 ,
                 That
              
               
                 
                   Nul
                   prendra
                   benefit
                   de
                   son
                   tort
                   demesme
                   .
                
              
               
                 No
                 man
                 shall
                 take
                 benefit
                 of
                 his
                 owne
                 wrong
                 .
              
               
                 And
                 sometimes
                 it
                 falleth
                 out
                 that
                 men
                 ,
                 through
                 malice
                 to
                 haue
                 others
                 in
                 danger
                 ,
                 would
                 not
                 sticke
                 to
                 lay
                 a
                 traine
                 to
                 intrap
                 them
                 to
                 the
                 intent
                 ,
                 that
                 they
                 might
                 ,
                 by
                 some
                 colour
                 ,
                 for
                 their
                 further
                 vexation
                 ,
                 prosecute
                 suite
                 against
                 them
                 ;
                 To
                 vphold
                 the
                 Conformity
                 of
                 Law
                 vpon
                 those
                 two
                 grounds
                 ,
                 that
                 one
                 of
                 them
                 do
                 not
                 encounter
                 the
                 other
                 ,
                 there
                 is
                 a
                 second
                 Exception
                 to
                 the
                 former
                 Rule
                 namely
                 ,
                 That
              
               
                 
                   Si
                   home
                   soit
                   le
                   Cause
                   pur
                   que
                   vn
                   torcious
                   Entry
                   est
                
                 
                 
                   fait
                   sur
                   son
                   Possession
                   ,
                   il
                   nauera
                   de
                   ceo
                   Remedy
                   :
                   mes
                   le
                   party
                   que
                   ad
                   issent
                   enter
                   ;
                   sur
                   le
                   matter
                   disclose
                   poit
                   ayd
                   luy
                   mesme
                   &
                   iustify
                   tiel
                   Entry
                   .
                
              
               
                 If
                 a
                 Man
                 be
                 the
                 cause
                 that
                 a
                 wrongfull
                 Act
                 or
                 Entrie
                 be
                 made
                 vpon
                 his
                 possession
                 ,
                 he
                 shall
                 haue
                 no
                 remedie
                 for
                 it
                 ,
                 but
                 the
                 partie
                 who
                 hath
                 entred
                 may
                 disclose
                 the
                 matter
                 to
                 iustifie
                 his
                 entrie
                 .
              
               
                 
                   Home
                   ad
                   vn
                   Molyn
                   ,
                   &
                   l'cau
                   courge
                   per
                   le
                   terr
                   d'une
                
                 
                 
                 
                   auter
                   al
                   dit
                   Molyn
                   ,
                   le
                   Tenant
                   del
                   terre
                   mise
                   stakes
                   deins
                   le
                   dit
                   eaw
                   sur
                   que
                   il
                   edify
                   vn
                   meason
                   ,
                   pur
                   reason
                   de
                   quel
                   l'eaw
                   ne
                   poit
                   vener
                   cy
                   bien
                   al
                   dit
                   Molin
                   come
                   devant
                   :
                   Le
                   Tenant
                   del
                   Molin
                   enter
                   en
                   la
                   dit
                   terre
                   ,
                   &
                   enraca
                   les
                   stakes
                   ,
                   per
                   que
                   la
                   dit
                   Meison
                   eschew
                   :
                   Et
                   in
                   Trespas
                   pur
                   Entry
                   en
                   la
                   dit
                   terr
                   &
                   enracer
                   la
                   meason
                   tout
                   cest
                   matter
                   pur
                   auoider
                   le
                   dit
                   Nusance
                   fut
                   plede
                   per
                   le
                   defendaunt
                   &
                   tenus
                   bon
                   Iustification
                   .
                
              
               
                 A
                 Man
                 hath
                 a
                 Mill
                 ,
                 and
                 the
                 water
                 running
                 to
                 it
                 cometh
                 through
                 anothers
                 ground
                 ,
                 and
                 he
                 fastneth
                 stakes
                 vpon
                 the
                 ground
                 in
                 the
                 water
                 ,
                 and
                 buildeth
                 an
                 house
                 ;
                 by
                 reason
                 whereof
                 the
                 water
                 cometh
                 not
                 to
                 the
                 Mill
                 aswell
                 as
                 in
                 time
                 past
                 ,
                 the
                 Miller
                 entreth
                 vnto
                 the
                 others
                 ground
                 and
                 breaketh
                 downe
                 the
                 stakes
                 ,
                 and
                 thereby
                 the
                 house
                 falleth
                 ;
                 If
                 the
                 other
                 bring
                 an
                 Action
                 of
                 trespasse
                 against
                 him
                 ,
                 for
                 this
                 ,
                 he
                 may
                 shew
                 that
                 he
                 did
                 it
                 ,
                 to
                 auoyde
                 wrong
                 done
                 to
                 himselfe
                 ,
                 and
                 iustifie
                 the
                 deede
                 .
              
               
                 
                   Home
                   auer
                   pris
                   les
                   beasts
                   de
                   I.
                   S.
                   &
                   eux
                   impound
                
                 
                 
                   in
                   sa
                   terre
                   ,
                   &
                   vint
                   vn
                   pur
                   Repleuy
                   mesme
                   les
                   beasts
                   ,
                   Et
                   pur
                   ceo
                   que
                   cest
                   que
                   ad
                   eux
                   destraine
                   ne
                   voilet
                   suffer
                   les
                   beasts
                   dests
                   Repleuy
                   ,
                   il
                   oue
                   ares
                   &
                   sagitts
                   ,
                   sagitta
                   al
                   cesti
                   que
                   vint
                   pur
                   eux
                   repliuy
                   eaut
                   in
                   le
                   porte
                   de
                   mesme
                   le
                   close
                   lou
                   ils
                   fuere
                   impound
                   ,
                   pur
                   que
                   il
                   pur
                   doubt
                   enfrenit
                   le
                   close
                   in
                   auter
                   lieu
                   ,
                   et
                   enchase
                   hors
                   les
                   auers
                   que
                   fueront
                   impound
                   ,
                   Et
                   pur
                   cost
                   entry
                   et
                   infrenider
                   del
                   Close
                   ,
                   le
                   Pleintise
                   port
                   trespas
                   ,
                   Et
                   sur
                   tout
                   cest
                   matter
                   disclose
                   ceo
                   semble
                   bone
                   Iustification
                   .
                
              
               
                 A
                 Man
                 hauing
                 taken
                 
                   I.
                   S.
                
                 his
                 goods
                 ,
                 and
                 impounded
                 them
                 in
                 his
                 owne
                 ground
                 ,
                 a
                 Repleuin
                 was
                 brought
                 for
                 those
                 Cattle
                 ,
                 and
                 he
                 that
                 destraind
                 them
                 would
                 not
                 suffer
                 any
                 Repleauin
                 to
                 be
                 made
                 ,
                 but
                 standing
                 
                 in
                 the
                 gate
                 of
                 the
                 Close
                 where
                 the
                 Cattle
                 were
                 impounded
                 ,
                 shot
                 at
                 him
                 that
                 came
                 to
                 make
                 the
                 Repleuin
                 ,
                 whereupon
                 he
                 broke
                 the
                 Close
                 in
                 another
                 place
                 ,
                 and
                 drew
                 forth
                 the
                 said
                 beasts
                 :
                 For
                 which
                 breaking
                 the
                 Plaintifes
                 Close
                 ,
                 he
                 brought
                 an
                 Action
                 of
                 trespasse
                 ;
                 but
                 vpon
                 this
                 matter
                 disclosed
                 it
                 was
                 taken
                 for
                 a
                 good
                 iustification
                 .
              
               
                 
                   In
                   Trauers
                   ,
                   le
                   defendant
                   dit
                   ,
                   que
                   par
                   ceo
                   que
                   le
                   Plaintife
                
                 
                 
                   violet
                   aver
                   le
                   defendant
                   in
                   son
                   dainger
                   ,
                   il
                   Commaund
                   vn
                   son
                   sruant
                   de
                   chaser
                   les
                   beasts
                   de
                   defendaunt
                   inles
                   blees
                   del
                   Plaintife
                   mesme
                   ,
                   et
                   le
                   defendant
                   cy
                   hast
                   wenit
                   que
                   il
                   auoit
                   notecede
                   ceo
                   ,
                   il
                   enter
                   en
                   le
                   dit
                   terre
                   le
                   Plaintife
                   ,
                   et
                   eux
                   enchase
                   hors
                   :
                   Et
                   ceo
                   fuit
                   tenus
                   bon
                   Pleanient
                   amountant
                   al
                   generall
                   issue
                   .
                
                 
              
               
                 In
                 an
                 Action
                 of
                 trespasse
                 ,
                 the
                 Defendant
                 said
                 ,
                 that
                 because
                 the
                 Plaintife
                 would
                 haue
                 the
                 defendant
                 within
                 his
                 Danger
                 ,
                 he
                 Commaunded
                 one
                 of
                 his
                 seruants
                 to
                 driue
                 the
                 Defendants
                 beasts
                 into
                 the
                 Plaintifes
                 Corne
                 ,
                 And
                 the
                 Defendant
                 assone
                 as
                 he
                 had
                 notice
                 thereof
                 ,
                 entred
                 into
                 the
                 Plaintifes
                 Close
                 and
                 draue
                 them
                 out
                 ;
                 This
                 was
                 taken
                 for
                 a
                 good
                 Plea
                 ,
                 and
                 not
                 amounting
                 to
                 the
                 generall
                 issue
                 .
              
               
                 
                   In
                   travers
                   pur
                   entry
                   in
                   le
                   close
                   &c.
                   
                   Del
                   Plaintife
                
                 
                 
                   le
                   defendant
                   iustifiera
                   ,
                   pur
                   ceo
                   que
                   le
                   Defendant
                   fuit
                   Chiuauchant
                   en
                   le
                   roial
                   chimin
                   que
                   gisott
                   pres
                   le
                   meason
                   del
                   Plaintife
                   ,
                   quand
                   il
                   vint
                   la
                   encounter
                   la
                   dite
                   mese
                   ,
                   la
                   vient
                   le
                   Plaintife
                   oue
                   Arke
                   et
                   sagitts
                   et
                   fist
                   vn
                   assault
                   sur
                   le
                   defendant
                   ,
                   pur
                   que
                   il
                   avoide
                   son
                   Chiual
                   ,
                   et
                   sua
                   in
                   la
                   dit
                   mese
                   ,
                   et
                   ouster
                   in
                   le
                   dit
                   close
                   ;
                   Et
                   puis
                   reuint
                   in
                   le
                   dit
                   chimin
                   .
                   Et
                   ceo
                   fuit
                   tenus
                   bon
                   Iustification
                   ,
                   si
                   il
                   voile
                   adde
                   a
                   ceo
                   que
                   le
                   Chymin
                   est
                   in
                   mesme
                   le
                   ville
                   que
                   le
                   meason
                   est
                   ,
                   ou
                   
                   in
                   quel
                   vile
                   ceo
                   est
                   ,
                   et
                   que
                   le
                   fuis
                   del
                   mease
                   ful
                   ouert
                   al
                   temps
                   :
                   per
                   que
                   le
                   defendant
                   issint
                   dist
                   accordant
                   .
                
              
               
                 In
                 an
                 Action
                 of
                 Trauerse
                 for
                 entering
                 into
                 the
                 Plaintifes
                 close
                 ,
                 the
                 Defendant
                 iustified
                 ,
                 for
                 that
                 he
                 ryding
                 in
                 the
                 kings
                 high
                 way
                 ,
                 which
                 lay
                 neere
                 to
                 the
                 Plaintifes
                 house
                 ,
                 the
                 Plaintife
                 set
                 vpon
                 the
                 Defendant
                 ,
                 when
                 he
                 came
                 neere
                 against
                 the
                 Plalntifes
                 house
                 ,
                 and
                 assaulted
                 him
                 with
                 bow
                 and
                 Arrowes
                 ,
                 Whereupon
                 he
                 forsooke
                 his
                 horse
                 and
                 fied
                 into
                 the
                 house
                 ,
                 and
                 so
                 through
                 it
                 into
                 his
                 Close
                 ,
                 and
                 after
                 returned
                 into
                 the
                 high
                 way
                 ;
                 And
                 this
                 was
                 taken
                 for
                 a
                 good
                 Iustification
                 ,
                 if
                 he
                 had
                 shewed
                 further
                 that
                 the
                 highway
                 was
                 in
                 the
                 same
                 towne
                 where
                 the
                 house
                 was
                 ,
                 and
                 shewed
                 in
                 what
                 towne
                 the
                 house
                 was
                 ,
                 and
                 that
                 the
                 doore
                 of
                 the
                 house
                 was
                 open
                 &c.
                 
              
               
                 Moreouer
                 where
                 there
                 is
                 a
                 ground
                 or
                 rule
                 of
                 Law
                 ,
                 as
                 hath
                 beene
                 often
                 before
                 remembred
                 ,
                 That
              
               
                 
                   Quando
                   aliquis
                   quid
                   concedit
                   ,
                   et
                   id
                   concedere
                   videtur
                   sine
                   quo
                   res
                   concessa
                   esse
                   non
                   potest
                   .
                
              
               
                 Hereof
                 ensueth
                 a
                 third
                 Exception
                 to
                 be
                 annexed
                 vnto
                 the
                 said
                 former
                 Ground
                 in
                 this
                 manner
                 .
              
               
                 
                   Si
                   home
                   ad
                   interest
                   ou
                   authority
                   deriue
                   de
                   ascun
                
                 
                 
                   person
                   ,
                   owner
                   ,
                   et
                   possessor
                   del
                   soile
                   :
                   le
                   quel
                   cesty
                   a
                   que
                   le
                   interest
                   ou
                   authority
                   est
                   done
                   ,
                   ne
                   poit
                   accomply
                   sans
                   Entry
                   in
                   la
                   terr
                   ou
                   mease
                   de
                   cesti
                   que
                   issent
                   done
                   la
                   interest
                   ou
                   authority
                   ,
                   la
                   son
                   entry
                   est
                   imply
                   in
                   la
                   dit
                   interest
                   ou
                   authority
                   :
                   Et
                   pur
                   tel
                   cause
                   son
                   entry
                   la
                   serra
                   iustifiable
                   .
                
              
               
                 
                   Le
                   Abbe
                   de
                   Hyde
                   fait
                   lease
                   d'un
                   ferm
                   rendant
                   Rent
                
                 
                 
                   a
                   son
                   Monastery
                   vient
                   al
                   mains
                   le
                   Roy
                   Hen.
                
                 8
                 ,
                 
                   per
                   le
                   statute
                   de
                   Dissolutions
                   ,
                   que
                   puis
                   ceo
                   grant
                   ouster
                   al
                   
                   estranger
                   :
                   le
                   lessee
                   del
                   dit
                   ferme
                   poit
                   bien
                   venir
                   al
                   dit
                   Monastery
                   la
                   a
                   tender
                   la
                   dit
                   Rent
                   ,
                   Et
                   cesti
                   que
                   ad
                   le
                   possession
                   de
                   ceo
                   nauera
                   enint
                   trauers
                   pur
                   tel
                   entry
                   .
                
              
               
                 
                   Si
                   A
                   :
                   Soit
                   tenus
                   a
                   B
                   :
                   in
                   vn
                   obligation
                   de
                
                 20.
                 l.
                 
                 
                   pur
                   paier
                   a
                   luy
                
                 10
                 
                   l.
                   a
                   tel
                   iour
                   la
                   intant
                   que
                   nul
                   lien
                   est
                   expres
                   pur
                   le
                   payment
                   .
                   A
                   :
                   est
                   tenus
                   a
                   querer
                   B.
                   inquocum
                   que
                   liew
                   que
                   il
                   soit
                   :
                   Et
                   si
                   B
                   :
                   est
                   in
                   son
                   meason
                   demesue
                   ,
                   et
                   vient
                   a
                   luy
                   la
                   ,
                   et
                   tender
                   le
                   argent
                   ,
                   il
                   ne
                   sera
                   trespasser
                   pur
                   le
                   vener
                   la
                   Mes
                   sil
                   vst
                   este
                   in
                   la
                   meason
                   de
                   ascun
                   auter
                   home
                   la
                   il
                   seroit
                   trespassor
                   al
                   dit
                   home
                   :
                   Mes
                   in
                   lauter
                   Cas
                   intant
                   que
                   il
                   fut
                   assentant
                   que
                   il
                   paira
                   a
                   luy
                   les
                   dits
                   deniers
                   ,
                   et
                   in
                   ceo
                   fut
                   il
                   containe
                   que
                   il
                   fut
                   assentant
                   que
                   il
                   vener
                   a
                   luy
                   pur
                   ceo
                   purpose
                   :
                   il
                   ensuit
                   ex
                   consequenti
                   que
                   il
                   ne
                   puniera
                   luy
                   pur
                   ceo
                   chose
                   a
                   que
                   luy
                   mesme
                   fut
                   priuy
                   et
                   agreement
                   .
                
              
               
                 
                   Si
                   ieo
                   enfeoffe
                   G.
                   et
                   face
                   litre
                   d'attorney
                   a.
                   C.
                   a
                   deliuer
                   seisnia
                   G
                   :
                   pur
                   le
                   venider
                   sur
                   la
                   terre
                   et
                   pur
                
                 
                 
                   l'entry
                   fait
                   per
                   G.
                   de
                   prender
                   la
                   livery
                   ,
                   G.
                   ne
                   sera
                   punish
                   in
                   trespas
                   Car
                   il
                   est
                   impossible
                   que
                   il
                   receivera
                   livery
                   si
                   non
                   que
                   il
                   entra
                   in
                   leterre
                   ,
                   et
                   il
                   est
                   imply
                   in
                   le
                   fesance
                   del
                   feosment
                   que
                   il
                   viendra
                   sur
                   la
                   terr
                   de
                   prender
                   Livery
                   .
                
              
               
                 
                   Si
                   home
                   moy
                   grant
                   pur
                   foder
                   in
                   son
                   terre
                   ,
                   et
                   de
                   faire
                   un
                   trenche
                   de
                   tiel
                   sont
                   ou
                   spring
                   iusques
                   a
                   mon
                
                 
                 
                   place
                   ,
                   si
                   puis
                   le
                   Pipe
                   est
                   estopp
                   ou
                   enfreint
                   issent
                   que
                   l'eaw
                   issu
                   hors
                   ,
                   ieo
                   ne
                   poi
                   foder
                   in
                   son
                   terre
                   pur
                   mender
                   le
                   Pipe
                   ,
                   Car
                   ceo
                   ne
                   fut
                   grant
                   a
                   moy
                   &c.
                   
                   Mes
                   cest
                   opinion
                   fut
                   deny
                   per
                   tont
                   le
                   Court
                   Car
                   fut
                   dit
                   ,
                   que
                   il
                   poit
                   enter
                   et
                   foder
                   pur
                   ceo
                   mender
                   ,
                   pur
                   ceo
                   que
                   est
                   incident
                   a
                   tel
                   gront
                   a
                   ceo
                   discourer
                   et
                   d'amender
                   .
                
              
               
                 
                   Intrauers
                   pur
                   entry
                   en
                   un
                   meason
                   le
                   defend
                   aut
                
                 
                 
                   dit
                   que
                   long
                   temps
                   devant
                   le
                   trespas
                   que
                   A.
                   fut
                   seisi
                   
                   del
                   dit
                   meason
                   in
                   fee
                   ,
                   &
                   que
                   ceo
                   est
                   in
                   tel
                   ville
                   &
                   deuisable
                   per
                   testament
                   ,
                   per
                   que
                   le
                   dit
                   A
                   :
                   deuise
                   le
                   dit
                   maison
                   a
                   vn
                   fem
                   in
                   taile
                   ,
                   &
                   que
                   sil
                   deuy
                   sans
                   issue
                   que
                   son
                   Executor
                   ceo
                   vendroit
                   ,
                   &
                   fait
                   le
                   defendant
                   son
                   Executor
                   &
                   deuy
                   la
                   fem
                   entermary
                   oue
                   le
                   Plaintise
                   et
                   puis
                   deuy
                   sans
                   issue
                   pur
                   que
                   le
                   defendant
                   enter
                   sur
                   le
                   poss
                   :
                   le
                   Plaintise
                   a
                   voir
                   ,
                   si
                   fut
                   bien
                   repaire
                   al
                   intent
                   de
                   seavoir
                   a
                   quel
                   value
                   le
                   reuercion
                   fut
                   a
                   vender
                   ,
                   &
                   ceo
                   fut
                   tenus
                   bone
                   Iustification
                   .
                
              
               
                 
                   In
                   Trauers
                   pur
                   Entry
                   in
                   meason
                   et
                   prisel
                   del
                   biens
                
                 
                 
                   le
                   defendant
                   dit
                   que
                   le
                   Baron
                   del
                   Plantise
                   fut
                   possesses
                   des
                   dits
                   biens
                   et
                   suit
                   seisy
                   del
                   dit
                   meason
                   infee
                   ,
                   et
                   sait
                   le
                   defendant
                   ,
                   et
                   auter
                   ses
                   Executours
                   et
                   devy
                   possesses
                   des
                   dits
                   biens
                   ,
                   et
                   le
                   defendant
                   vint
                   al
                   dit
                   meason
                   apres
                   la
                   mort
                   le
                   Testatour
                   pur
                   administer
                   et
                   trovant
                   shays
                   del
                   dit
                   meason
                   ouert
                   il
                   enter
                   et
                   prist
                   les
                   biens
                   ,
                   et
                   ceo
                   fut
                   tenus
                   bon
                   Plee
                   per
                   tout
                   le
                   Court.
                   
                
              
               
                 By
                 reason
                 also
                 that
                 there
                 is
                 a
                 Rule
                 of
                 Law.
                 That
              
               
                 
                   Le
                   possession
                   del
                   terre
                   de
                   chescun
                   home
                   est
                   subiect
                   al
                   Iurisdiction
                   del
                   ley
                   .
                
              
               
                 Thereof
                 also
                 this
                 Exception
                 following
                 holdeth
                 likewise
                 place
                 in
                 restraint
                 of
                 the
                 said
                 former
                 generall
                 Rule
                 or
                 Ground
                 ,
                 that
                 is
                 to
                 say
                 ,
              
               
                 
                   Lou
                   le
                   ley
                   done
                   al
                   ascun
                   authority
                   de
                   enter
                   in
                   auter
                
                 
                 
                   ter
                   ou
                   sur
                   le
                   possession
                   del
                   auter
                   ,
                   il
                   iustifiera
                   son
                   entry
                   .
                
              
               
                 
                   Si
                   ieo
                   suis
                   scisi
                   de
                   terre
                   in
                   fee
                   sur
                   bon
                   et
                   indefesible
                   title
                   ,
                   et
                   vn
                   estrange
                   demand
                   cest
                   terre
                   per
                   precipe
                   vers
                
                 
                 
                   un
                   auter
                   estranger
                   ,
                   et
                   sur
                   ceo
                   le
                   vicount
                   per
                   force
                   del
                   precipe
                   vient
                   sur
                   la
                   terre
                   ove
                   sommoners
                   ,
                   et
                   summon
                   luy
                   vers
                   que
                   le
                   precipe
                   est
                   pert
                   ,
                   et
                   puis
                   le
                   demandant
                   recouer
                   vers
                   luy
                   per
                   default
                   ou
                   per
                   issue
                   try
                   sur
                   certaine
                   point
                   ,
                   et
                   perforce
                   de
                   Haberi
                   factas
                   seisniam
                   le
                   vic
                   
                   vient
                   arere
                   &
                   mist
                   cesty
                   que
                   ad
                   recouer
                   in
                   seisni
                   ;
                   reo
                   ne
                   puniera
                   le
                   vicont
                   pur
                   le
                   primer
                   vener
                   ,
                   ne
                   pur
                   le
                   second
                   vener
                   in
                   le
                   terre
                   ,
                   pur
                   ceo
                   que
                   le
                   vicont
                   ne
                   sait
                   riens
                   mes
                   execute
                   le
                   mandement
                   le
                   Roy
                   come
                   il
                   ad
                   in
                   charge
                   ,
                   et
                   mon
                   Possession
                   est
                   chargeable
                   a
                   cost
                   Iurisdiction
                   del
                   Roy
                   &
                   ses
                   ministers
                   .
                
              
               
                 
                   Si
                   home
                   fait
                   lease
                   pur
                   vie
                   ,
                   &
                   un
                   vilain
                   purchase
                
                 
                 
                   le
                   revercion
                   ,
                   semble
                   a
                   Litt.
                   que
                   le
                   signor
                   del
                   villein
                   poit
                   maintenant
                   vener
                   al
                   terre
                   et
                   clayme
                   mesme
                   le
                   revercion
                   ,
                
                 
                 
                   et
                   per
                   tel
                   clayme
                   le
                   reuercion
                   est
                   maintenant
                   in
                   luy
                   ,
                   et
                   per
                   tel
                   vener
                   a
                   le
                   terr
                   et
                   act
                   fait
                   il
                   nest
                   trespassor
                   .
                
              
               
                 
                   Si
                   vilen
                   purchase
                   advowson
                   pleni
                   dincombent
                   ,
                   le
                
                 
                 
                   signior
                   del
                   vilein
                   poit
                   vener
                   al
                   dit
                   Elglise
                   ,
                   et
                   claime
                   le
                   dit
                   advowson
                   ,
                   et
                   pur
                   ccole
                   incumbent
                   ne
                   punishera
                   luy
                   per
                   tiel
                   vener
                   al
                   dit
                   Elglise
                   .
                
              
               
                 
                   Intrauers
                   le
                   defendant
                   plede
                   que
                   il
                   fut
                   seisy
                   del
                
                 
                 
                   meason
                   et
                   terre
                   et
                   ceo
                   lease
                   al
                   plaintife
                   pur
                   terme
                   de
                   ans
                   ,
                   et
                   que
                   fut
                   certifie
                   que
                   wast
                   fut
                   fait
                   et
                   il
                   enser
                   in
                   le
                   close
                   &
                   meason
                   pur
                   veiwer
                   siwast
                   fut
                   fait
                   ,
                   et
                   le
                   huis
                   del
                   maison
                   fuit
                   ouert
                   ,
                   &
                   demand
                   Iudgement
                   et
                   ceo
                   sut
                   tenus
                   bonbarr
                   ;
                   a
                   que
                   le
                   Plaintife
                   replica
                   que
                   il
                   la
                   demurr
                   encounter
                   le
                   volunt
                   le
                   Plaintife
                   uniour
                   et
                   un
                   nuict
                   ,
                   &c.
                   
                
              
               
                 Hitherunto
                 haue
                 we
                 expressed
                 certaine
                 exceptions
                 of
                 the
                 fore
                 specified
                 Grounds
                 which
                 are
                 deriued
                 from
                 the
                 reason
                 of
                 some
                 other
                 Grounds
                 and
                 Rules
                 of
                 the
                 Law
                 ,
                 and
                 which
                 reason
                 would
                 should
                 be
                 added
                 ,
                 as
                 restraints
                 vnto
                 the
                 said
                 former
                 Rule
                 of
                 Law
                 first
                 remembred
                 for
                 conformities
                 sake
                 ,
                 and
                 that
                 the
                 Law
                 no
                 way
                 be
                 impeached
                 of
                 contrarieties
                 .
                 Now
                 resteth
                 also
                 that
                 we
                 deliuer
                 some
                 few
                 other
                 exceptions
                 
                 vnto
                 the
                 said
                 generall
                 Rule
                 drawne
                 likewise
                 from
                 the
                 fountaine
                 of
                 equitie
                 ;
                 which
                 are
                 such
                 as
                 doe
                 ensue
                 .
              
               
                 Sith
                 it
                 were
                 voide
                 of
                 all
                 reason
                 and
                 conscience
                 
                 that
                 a
                 man
                 should
                 punish
                 a
                 wrong
                 done
                 vnto
                 him
                 ,
                 by
                 the
                 which
                 he
                 either
                 sustaineth
                 little
                 or
                 no
                 detriment
                 or
                 damage
                 ,
                 or
                 at
                 leastwise
                 more
                 benefit
                 then
                 he
                 sustaines
                 preiudice
                 :
                 Therefore
                 this
                 exception
                 vnto
                 the
                 said
                 generall
                 Rule
                 ,
                 is
                 among
                 other
                 likewise
                 allowed
                 for
                 law
                 .
                 That
                 .
              
               
                 
                   Loa
                   le
                   party
                   sur
                   que
                   possession
                   home
                   fait
                   tortions
                
                 
                 
                   entry
                   est
                   plus
                   benefit
                   per
                   tiel
                   entry
                   que
                   preiudice
                   la
                   home
                   bien
                   iustifiera
                   la
                   dit
                   tortions
                   entry
                   .
                
              
               
                 Which
                 the
                 cases
                 following
                 doe
                 likewise
                 at
                 large
                 sufficiently
                 confirme
                 .
              
               
                 
                   Si
                   ieo
                   sue
                   in
                   peril
                   deste
                   murder
                   in
                   mon
                   close
                   ,
                   ou
                   in
                
                 
                 
                   mon
                   meason
                   ,
                   il
                   est
                   loial
                   a
                   chescun
                   de
                   enfrender
                   mon
                   meison
                   ou
                   close
                   pur
                   moy
                   avder
                   ,
                   pur
                   ceo
                   que
                   est
                   pur
                   mon
                   benefit
                   .
                
              
               
                 
                   Si
                   ieo
                   voy
                   vostre
                   beastes
                   demesne
                   in
                   vostre
                   corne
                   ,
                
                 
                 
                   et
                   ieo
                   eux
                   enchase
                   hors
                   ,
                   teo
                   ne
                   sera
                   my
                   puny
                   pur
                   ceo
                   que
                   fut
                   pur
                   vostre
                   aduantage
                   ,
                   et
                   vous
                   aves
                   inter
                   est
                   in
                   les
                   beastes
                   Mes
                   si
                   ieo
                   chase
                   les
                   beastes
                   d'un
                   estranger
                   hors
                   de
                   vostre
                   corne
                   ,
                   ieo
                   seray
                   puny
                   pur
                   ceo
                   ;
                   car
                   vous
                   puisses
                   aver
                   remedy
                   pur
                   ceo
                   ;
                   seil
                   :
                   per
                   distresse
                   .
                
              
               
                 
                   Si
                   ieo
                   voy
                   le
                   Chimney
                   de
                   mon
                   vic
                   in
                   urant
                   ,
                   pur
                   saver
                
                 
                 
                   les
                   choses
                   pue
                   sont
                   deins
                   son
                   meason
                   ,
                   ieo
                   iustifiera
                   l'entry
                   in
                   le
                   meason
                   ,
                   &
                   deprender
                   les
                   hiens
                   que
                   ieo
                   troue
                   de
                   deins
                   pur
                   eux
                   saver
                   .
                
              
               
                 
                   In
                   trauers
                   de
                   Parco
                   fracto
                   ,
                   le
                   defendant
                   iustify
                   le
                
                 
                 
                   trauers
                   pur
                   ceoque
                   fut
                   controvercy
                   perenter
                   luy
                   ,
                   &
                   le
                   seigneur
                   de
                   Huntingdon
                   Plaintife
                   pur
                   le
                   overtune
                   
                   d'un
                   gorce
                   ,
                   et
                   pur
                   ceo
                   que
                   le
                   dit
                   signeur
                   fut
                   in
                   le
                   dit
                   Parke
                   hunting
                   ,
                   il
                   enter
                   pur
                   les
                   portes
                   eant
                   overt
                   a
                   monstrer
                   a
                   luy
                   ses
                   euidences
                   concernant
                   le
                   dit
                   gorce
                   et
                   ceo
                   fut
                   tenus
                   per
                   tout
                   le
                   Court
                   bone
                   Iustification
                   .
                
              
               
                 Againe
                 ,
                 the
                 like
                 equity
                 doth
                 minister
                 one
                 other
                 exception
                 of
                 the
                 like
                 quality
                 ;
                 for
                 it
                 were
                 vnconscionable
                 and
                 vnreasonable
                 that
                 a
                 man
                 should
                 bee
                 punished
                 for
                 a
                 wrongfull
                 entry
                 ,
                 whereas
                 he
                 is
                 compelled
                 so
                 to
                 doe
                 ,
                 and
                 cannot
                 without
                 his
                 great
                 preiudice
                 eschew
                 the
                 same
                 :
                 And
                 therefore
                 it
                 is
                 holden
                 for
                 Law
                 ,
                 That
              
               
                 
                   Si
                   home
                   enter
                   sur
                   le
                   possession
                   de
                   un
                   auter
                   ,
                   lou
                   il
                   ne
                
                 
                 
                   poit
                   auterment
                   faire
                   sans
                   son
                   grand
                   preiudice
                   ,
                   ceo
                   ne
                   sera
                   deeme
                   tiel
                   entry
                   de
                   que
                   il
                   sera
                   puny
                   .
                
              
               
                 
                   Si
                   home
                   ad
                   Querck
                   cressant
                   in
                   midds
                   de
                   trois
                
                 
                 
                   maisons
                   ,
                   et
                   il
                   descoupa
                   ceo
                   ,
                   et
                   le
                   Querckeschet
                   in
                   terr
                   d'un
                   auter
                   ,
                   si
                   il
                   iustify
                   in
                   travers
                   il
                   covient
                   de
                   alleager
                   que
                   il
                   ne
                   auterment
                   puit
                   faire
                   .
                
              
               
                 
                   Home
                   de
                   coupa
                   thornes
                   que
                   cress
                   inson
                   terr
                   et
                   ils
                
                 
                 
                   eschaont
                   in
                   terr
                   dun
                   auter
                   ,
                   &
                   il
                   enter
                   &
                   eux
                   prender
                   hors
                   ,
                   sil
                   ne
                   poit
                   in
                   auter
                   maner
                   faire
                   ,
                   ceo
                   luy
                   excusera
                   .
                
              
               
                 
                   Si
                   home
                   chase
                   avers
                   per
                   le
                   chymin
                   ,
                   et
                   les
                   beasts
                   happont
                
                 
                 
                   de
                   escaper
                   in
                   les
                   blees
                   de
                   son
                   vicin
                   ,
                   &
                   cesty
                   que
                   eux
                   enchase
                   enter
                   freshment
                   in
                   le
                   terr
                   de
                   eux
                   enchaser
                   hors
                   ,
                   pur
                   ceo
                   que
                   ils
                   ne
                   ferront
                   ascun
                   damage
                   ,
                   il
                   iustifiera
                   tiel
                   son
                   entry
                   intrauers
                   .
                
              
               
                 And
                 thus
                 much
                 hath
                 beene
                 said
                 touching
                 the
                 first
                 Ground
                 proposed
                 in
                 the
                 said
                 Dialogues
                 of
                 the
                 said
                 Doctor
                 and
                 Student
                 ,
                 which
                 hath
                 beene
                 proued
                 in
                 particular
                 with
                 cases
                 ,
                 and
                 thereunto
                 haue
                 beene
                 annexed
                 certaine
                 exceptions
                 which
                 haue
                 likewise
                 
                 beene
                 fortified
                 with
                 
                   booke
                   cases
                
                 and
                 authorities
                 whereby
                 the
                 former
                 assertions
                 haue
                 not
                 onely
                 beene
                 exemplified
                 ,
                 but
                 also
                 thereby
                 it
                 doth
                 plainly
                 appeare
                 ,
                 That
                 almost
                 euery
                 disposition
                 in
                 the
                 Lawes
                 ,
                 
                   de
                   qualitate
                
                 or
                 
                   de
                   iure
                
                 is
                 in
                 conference
                 of
                 Maximes
                 ,
                 and
                 resteth
                 betweene
                 the
                 Rule
                 and
                 the
                 exception
                 ,
                 which
                 is
                 either
                 ministred
                 by
                 reason
                 of
                 equity
                 ,
                 or
                 vpon
                 some
                 other
                 Rule
                 or
                 Axiome
                 .
                 So
                 that
                 euery
                 difference
                 shewed
                 betweene
                 cases
                 ,
                 is
                 nothing
                 else
                 but
                 the
                 Rule
                 and
                 his
                 exceptions
                 ;
                 the
                 effect
                 whereof
                 briefely
                 is
                 set
                 forth
                 by
                 Morgan
                 ,
                 who
                 saith
                 :
                 That
              
               
                 
                   Maximes
                   ne
                   doient
                   este
                   impugne
                   ,
                   mes
                   touts
                   temps
                
                 
                 
                   admit
                   mes
                   les
                   maimes
                   per
                   reason
                   poient
                   este
                   confer
                   et
                   compare
                   l'un
                   oue
                   leauter
                   ,
                   coment
                   que
                   ils
                   ne
                   variont
                   :
                   Ou
                   per
                   reason
                   poit
                   este
                   discusse
                   quel
                   chose
                   est
                   plus
                   precheni
                   al
                   Maxime
                   ou
                   meane
                   perenter
                   les
                   Maximes
                   &
                   quel
                   nemy
                   :
                   mes
                   le
                   Maximes
                   neunque
                   poient
                   este
                   impeach
                   ne
                   impugne
                   ,
                   mes
                   touts
                   ditsdoient
                   este
                   obserue
                   et
                   tenus
                   come
                   firme
                   Principles
                   de
                   eux
                   mesmes
                   .
                
              
               
                 For
                 the
                 better
                 vnderstanding
                 whereof
                 ,
                 wee
                 may
                 note
                 that
                 all
                 matters
                 of
                 debate
                 which
                 may
                 be
                 referred
                 to
                 the
                 controuersies
                 or
                 questions
                 
                   de
                   qualitate
                
                 or
                 
                   de
                   iure
                
                 ,
                 as
                 hath
                 beene
                 said
                 ,
                 haue
                 either
                 commonly
                 a
                 Maxime
                 of
                 the
                 one
                 part
                 ,
                 and
                 a
                 Maxime
                 of
                 the
                 other
                 ;
                 or
                 severall
                 resons
                 of
                 each
                 part
                 deriued
                 from
                 sundry
                 Maximes
                 ;
                 or
                 else
                 that
                 there
                 is
                 a
                 Maxime
                 of
                 the
                 one
                 part
                 ,
                 and
                 there
                 is
                 equity
                 and
                 reason
                 which
                 doth
                 minister
                 an
                 exception
                 to
                 that
                 Maxime
                 or
                 generall
                 Rule
                 :
                 So
                 that
                 all
                 disceptation
                 herein
                 is
                 ,
                 as
                 hath
                 beene
                 said
                 ,
                 in
                 conference
                 or
                 comparing
                 of
                 Maximes
                 and
                 Principles
                 together
                 discoursing
                 ,
                 which
                 thing
                 is
                 directly
                 vnder
                 the
                 reason
                 of
                 the
                 said
                 Maxime
                 ;
                 and
                 
                 what
                 matter
                 or
                 circumstance
                 may
                 make
                 a
                 difference
                 ,
                 and
                 will
                 be
                 by
                 exception
                 exempted
                 ftom
                 the
                 same
                 ;
                 as
                 more
                 at
                 large
                 hereafter
                 in
                 the
                 declaration
                 of
                 the
                 vse
                 of
                 these
                 Maximes
                 may
                 be
                 made
                 manifest
                 and
                 apparent
                 .
              
               
                 Now
                 resteth
                 moreouer
                 to
                 prosecute
                 the
                 second
                 Axiome
                 or
                 Principle
                 proposed
                 in
                 the
                 said
                 Dialogues
                 ,
                 namely
                 ,
                 that
                 which
                 followeth
                 there
                 in
                 the
                 seauenteenth
                 chapter
                 of
                 his
                 first
                 booke
                 ,
                 that
                 is
                 to
                 say
                 :
              
               
                 It
                 is
                 not
                 lawfull
                 for
                 any
                 man
                 to
                 enter
                 vpon
                 a
                 discent
                 .
                 
              
               
                 Which
                 ground
                 being
                 expounded
                 by
                 Littleton
                 in
                 his
                 chapter
                 of
                 discents
                 to
                 extend
                 only
                 to
                 discents
                 of
                 an
                 estate
                 of
                 inheritance
                 and
                 freehold
                 ,
                 and
                 not
                 of
                 a
                 reuersion
                 or
                 remainder
                 ,
                 all
                 which
                 followeth
                 after
                 in
                 the
                 said
                 chapter
                 ,
                 are
                 nothing
                 but
                 cases
                 of
                 exceptions
                 vnto
                 the
                 said
                 grounds
                 ,
                 as
                 it
                 is
                 euident
                 vnto
                 euery
                 one
                 that
                 considereth
                 the
                 same
                 ,
                 and
                 therefore
                 shall
                 it
                 heere
                 be
                 needlesse
                 long
                 to
                 insist
                 thereupon
                 .
                 Neuerthelesse
                 it
                 shall
                 be
                 expedient
                 to
                 shew
                 some
                 exceptions
                 thereunto
                 ,
                 especially
                 some
                 certaine
                 ,
                 of
                 such
                 of
                 them
                 as
                 being
                 exceptions
                 vnto
                 the
                 said
                 Rule
                 ,
                 are
                 againe
                 restrained
                 with
                 other
                 exceptions
                 .
                 Because
                 there
                 is
                 a
                 Rule
                 of
                 Law
                 ,
                 that
              
               
                 
                   Laches
                   ou
                   folly
                   ne
                   sera
                   impute
                   a
                   un
                   enfant
                   de
                   luy
                
                 
                 preiudice
                 .
              
               
                 Therefore
                 lest
                 contrarietie
                 might
                 happen
                 in
                 consequence
                 of
                 reason
                 betweene
                 the
                 said
                 Rule
                 of
                 discents
                 ,
                 and
                 this
                 Rule
                 last
                 remembred
                 :
                 there
                 is
                 ministred
                 by
                 the
                 meanes
                 of
                 this
                 later
                 Rule
                 ,
                 an
                 exception
                 vnto
                 the
                 said
                 former
                 ground
                 namely
                 ,
                 that
              
               
               
                 If
                 an
                 infant
                 haue
                 right
                 of
                 entry
                 ,
                 he
                 may
                 enter
                 vpon
                 
                 a
                 discent
                 .
              
               
                 This
                 exception
                 ,
                 although
                 it
                 doth
                 import
                 great
                 probabilitie
                 of
                 truth
                 ,
                 yet
                 is
                 the
                 same
                 like
                 vnto
                 the
                 Ground
                 in
                 this
                 respect
                 ,
                 namely
                 ,
                 that
                 it
                 is
                 also
                 subiect
                 to
                 be
                 restrained
                 with
                 another
                 exception
                 ,
                 viz.
                 
              
               
                 If
                 an
                 infant
                 ,
                 or
                 such
                 priviledged
                 or
                 excepted
                 person
                 haue
                 a
                 right
                 of
                 entry
                 ,
                 and
                 a
                 discent
                 of
                 those
                 lands
                 is
                 had
                 to
                 one
                 that
                 hath
                 a
                 more
                 ancient
                 right
                 ;
                 the
                 party
                 hauing
                 such
                 ancient
                 right
                 ,
                 shall
                 be
                 remitted
                 :
                 and
                 both
                 the
                 right
                 and
                 entry
                 of
                 the
                 infant
                 taken
                 away
                 .
              
               
                 And
                 this
                 exception
                 ensueth
                 of
                 another
                 generall
                 Rule
                 of
                 Law
                 ,
                 which
                 is
                 ,
                 That
              
               
                 An
                 ancient
                 right
                 shall
                 alwaies
                 be
                 preferred
                 before
                 an
                 other
                 meane
                 right
                 or
                 title
                 .
              
               
                 The
                 said
                 exception
                 vpon
                 exception
                 grounded
                 vpon
                 the
                 last
                 remembred
                 Rule
                 ,
                 may
                 be
                 plainely
                 proued
                 by
                 this
                 case
                 .
              
               
                 If
                 Tenant
                 in
                 Tayle
                 doe
                 discontinue
                 and
                 after
                 doe
                 
                 disseize
                 his
                 discontinuee
                 ,
                 and
                 during
                 that
                 disseisein
                 the
                 discontinuee
                 dieth
                 ,
                 his
                 heire
                 within
                 age
                 ;
                 and
                 after
                 the
                 Tennant
                 in
                 tayle
                 doth
                 die
                 seised
                 ;
                 and
                 this
                 land
                 descendeth
                 vnto
                 the
                 issue
                 in
                 tayle
                 ,
                 the
                 heire
                 of
                 the
                 discontinuee
                 being
                 still
                 within
                 age
                 ;
                 This
                 is
                 a
                 remitter
                 ,
                 and
                 the
                 entry
                 of
                 the
                 heire
                 of
                 the
                 discontinuee
                 is
                 tolled
                 ,
                 notwithstanding
                 that
                 the
                 Ground
                 and
                 Principle
                 is
                 ,
                 that
                 the
                 laches
                 of
                 the
                 enfant
                 shall
                 not
                 preiudice
                 the
                 enfant
                 .
                 And
                 the
                 cause
                 is
                 the
                 ancient
                 right
                 the
                 issue
                 had
                 .
              
               
                 Moreouer
                 the
                 former
                 Generall
                 Rule
                 touching
                 discents
                 
                 that
                 toll
                 entries
                 ,
                 hath
                 among
                 other
                 ,
                 also
                 this
                 ,
                 exception
                 .
              
               
               
                 A
                 discent
                 had
                 during
                 the
                 Couerture
                 ,
                 shall
                 not
                 
                 toll
                 the
                 entry
                 of
                 the
                 woman
                 or
                 her
                 heires
                 after
                 the
                 Couerture
                 dissolued
                 .
                 
              
               
                 But
                 because
                 there
                 is
                 a
                 Generall
                 Rule
                 of
                 Law
                 ,
                 That
                 None
                 shall
                 be
                 fauoured
                 in
                 any
                 Act
                 wherein
                 folly
                 may
                 be
                 imputed
                 to
                 him
                 .
              
               
                 From
                 whence
                 is
                 deriued
                 also
                 this
                 more
                 speciall
                 Rule
                 or
                 Ground
                 .
              
               
                 Couerture
                 shall
                 not
                 ayde
                 a
                 woman
                 where
                 the
                 taking
                 
                 of
                 a
                 Husband
                 which
                 respecteth
                 not
                 her
                 benefit
                 
                 may
                 be
                 imputed
                 to
                 her
                 folly
                 .
              
               
                 Hereof
                 ensueth
                 this
                 exception
                 vpon
                 exception
                 to
                 the
                 said
                 former
                 remembred
                 Rule
                 ,
                 That
              
               
                 where
                 folly
                 may
                 be
                 imputed
                 to
                 the
                 woman
                 for
                 
                 taking
                 of
                 such
                 a
                 Husband
                 as
                 will
                 be
                 heedlesse
                 of
                 her
                 benefit
                 ,
                 there
                 a
                 discent
                 ,
                 during
                 the
                 couerture
                 ,
                 shall
                 bind
                 the
                 woman
                 and
                 her
                 heires
                 .
                 
              
               
                 Much
                 more
                 might
                 be
                 said
                 of
                 like
                 effect
                 ,
                 but
                 this
                 for
                 example
                 sake
                 shall
                 suffice
                 .
              
               
                 Now
                 resteth
                 briefely
                 to
                 say
                 something
                 touching
                 the
                 first
                 proposed
                 Latine
                 Rules
                 :
                 Of
                 which
                 the
                 forme
                 was
                 this
                 ,
              
               
                 
                   Sublata
                   causa
                   tollitur
                   effectus
                
                 .
                 
              
               
                 This
                 Rule
                 is
                 not
                 absolutely
                 true
                 ;
                 for
                 the
                 Philosopher
                 from
                 whence
                 it
                 is
                 borrowed
                 ,
                 doth
                 vnderstand
                 it
                 ,
                 
                   De
                   causis
                   internis
                   ,
                   non
                   de
                   externis
                   .
                
              
               
                 The
                 Ciuill
                 Lawyers
                 doe
                 restraineit
                 in
                 this
                 manner
                 
                 
                   Haec
                   autem
                   Gnosis
                   sine
                   Regula
                   ,
                   de
                   causa
                   finali
                   ,
                   non
                   de
                   causa
                   impulsiva
                   intelligitur
                   .
                
              
               
                 The
                 common
                 Law
                 of
                 the
                 Realme
                 ,
                 thus
                 ;
              
               
                 
                   Sublatâ
                   unâ
                   causâ
                   ,
                   si
                   alia
                   remanet
                   ,
                   non
                   tollitur
                   effectus
                   .
                
              
               
               
                 The
                 second
                 Rule
                 ;
                 which
                 was
                 this
                 ,
                 
                   Qui
                   tacet
                   consentire
                   videtur
                
                 ,
                 is
                 verified
                 with
                 this
                 exception
                 .
              
               
                 
                   Si
                   ad
                   eius
                   commodum
                   &
                   utilitatem
                   spectat
                   ,
                   praesens
                
                 
                 
                   &
                   tacens
                   pro
                   consentiente
                   habetur
                
                 .
              
               
                 The
                 third
                 Rule
                 was
                 this
                 ,
              
               
                 
                   Quod
                   initeo
                   non
                   valet
                   ,
                   id
                   tractu
                   temporis
                   non
                   convalescit
                   .
                
              
               
                 Which
                 Ground
                 may
                 bee
                 confirmed
                 with
                 many
                 cases
                 ,
                 yet
                 is
                 the
                 same
                 Ground
                 restrained
                 with
                 this
                 exception
                 ,
                 because
                 That
              
               
                 
                   Habet
                   locum
                   in
                   his
                   tantum
                   quae
                   statim
                   debent
                   valere
                   ,
                
                 
                 
                   &
                   nullam
                   suspentionem
                   habent
                
                 .
              
               
                 If
                 a
                 man
                 make
                 a
                 lease
                 for
                 life
                 of
                 land
                 vnto
                 
                   I.
                   S.
                
                 and
                 
                 after
                 doth
                 make
                 a
                 lease
                 for
                 yeares
                 vnto
                 
                   I.
                   N.
                
                 of
                 the
                 
                 same
                 land
                 to
                 begin
                 presently
                 ,
                 This
                 lease
                 being
                 made
                 by
                 word
                 ,
                 is
                 void
                 ;
                 for
                 the
                 freehold
                 in
                 the
                 first
                 lease
                 is
                 more
                 worthy
                 ,
                 and
                 by
                 law
                 intended
                 to
                 be
                 of
                 longer
                 continuance
                 then
                 the
                 terme
                 in
                 the
                 second
                 lease
                 :
                 yet
                 if
                 the
                 first
                 lease
                 die
                 ,
                 or
                 surrender
                 afore
                 the
                 second
                 be
                 expired
                 ,
                 the
                 residue
                 of
                 the
                 terme
                 is
                 good
                 .
              
               
                 If
                 the
                 father
                 deuise
                 his
                 land
                 vnto
                 his
                 daughter
                 and
                 
                 heire
                 apparant
                 ,
                 and
                 after
                 leauing
                 his
                 wife
                 enceinct
                 ,
                 or
                 w
                 th
                 child
                 with
                 a
                 sonne
                 ,
                 vpon
                 the
                 death
                 of
                 the
                 father
                 this
                 deuise
                 vnto
                 the
                 daughter
                 is
                 voyd
                 ,
                 for
                 that
                 she
                 is
                 his
                 heire
                 ;
                 but
                 after
                 ,
                 when
                 the
                 sonne
                 is
                 borne
                 ,
                 it
                 is
                 good
                 .
              
               
                 The
                 fourth
                 Rule
                 of
                 the
                 said
                 Latine
                 rules
                 before
                 set
                 downe
                 ,
                 was
                 this
                 ,
              
               
                 
                   Quando
                   duo
                   iura
                   in
                   uno
                   concurrunt
                   ,
                   aequum
                   est
                   ac
                   si
                   esset
                   in
                   duobus
                   .
                
              
               
                 This
                 Rule
                 hath
                 exception
                 grounded
                 vpon
                 another
                 Rule
                 ,
                 that
                 is
                 ,
                 That
                 
                 
                   Vigilantibus
                   &
                   non
                   dormientibus
                   iura
                   subi
                   eniunt
                   .
                
                 
                 Or
                 to
                 the
                 same
                 effect
                 ;
                 
                   V●icuiou
                   :
                   sua
                   mora
                   nocet
                
                 .
              
               
                 And
                 therefore
              
               
                 
                   In
                   causes
                   de
                   negligence
                   on
                   laches
                   divers
                   droits
                   concurrant
                   in
                   un
                   person
                   ne
                   seront
                   deeme
                   si
                   come
                   ils
                   sussent
                   in
                   divers
                   persons
                   .
                
              
               
                 Where
                 ,
                 if
                 
                   Tenant
                   pur
                   auter
                   vie
                
                 be
                 ,
                 the
                 remainder
                 
                 for
                 life
                 ouer
                 to
                 another
                 ,
                 the
                 remainder
                 in
                 see
                 to
                 the
                 right
                 heires
                 of
                 the
                 
                   Tenant
                   pur
                   auter
                   vie
                
                 ,
                 If
                 the
                 said
                 
                   Tenant
                   pur
                   auter
                   vie
                
                 be
                 disseised
                 ,
                 and
                 the
                 disseisor
                 leuie
                 a
                 fyne
                 with
                 proclamations
                 ,
                 and
                 the
                 fiue
                 yeares
                 doe
                 passe
                 ,
                 and
                 after
                 
                   Cesti
                   que
                   vie
                
                 dyeth
                 ;
                 and
                 after
                 also
                 dyeth
                 he
                 in
                 remainder
                 for
                 life
                 ;
                 hee
                 which
                 was
                 
                   Tenant
                   pur
                   auter
                   vie
                
                 shall
                 not
                 haue
                 other
                 fiue
                 yeares
                 after
                 the
                 death
                 of
                 the
                 Tenant
                 for
                 life
                 in
                 remainder
                 to
                 pursue
                 his
                 right
                 for
                 the
                 see
                 simple
                 .
              
               
                 Vpon
                 like
                 reason
                 ,
                 if
                 a
                 Bishop
                 be
                 seised
                 of
                 an
                 Aduowson
                 in
                 the
                 right
                 of
                 his
                 Bishopricke
                 ,
                 and
                 the
                 Church
                 become
                 voyd
                 ,
                 and
                 six
                 monthes
                 do
                 passe
                 ;
                 the
                 Bishop
                 shall
                 not
                 haue
                 other
                 sixe
                 monethes
                 as
                 Ordinary
                 ,
                 the
                 same
                 Church
                 being
                 in
                 his
                 Diocesse
                 ,
                 as
                 he
                 should
                 haue
                 if
                 the
                 same
                 Church
                 were
                 of
                 the
                 Patronage
                 of
                 another
                 person
                 ,
                 although
                 hee
                 bee
                 in
                 one
                 respect
                 Patron
                 ,
                 and
                 in
                 another
                 Ordinarie
                 .
              
               
                 Hitherto
                 haue
                 we
                 entertained
                 discourse
                 as
                 touching
                 the
                 verity
                 of
                 Axiomes
                 ,
                 Rules
                 ,
                 and
                 Grounds
                 ;
                 which
                 ,
                 as
                 hath
                 beene
                 shewed
                 ,
                 is
                 either
                 necessary
                 or
                 contingent
                 .
              
               
                 Contingent
                 verity
                 was
                 diuided
                 into
                 two
                 branches
                 ;
                 the
                 one
                 resting
                 vpō
                 the
                 entendment
                 of
                 Law
                 ;
                 the
                 other
                 being
                 deriued
                 from
                 the
                 disposition
                 and
                 nature
                 of
                 humane
                 things
                 ,
                 by
                 debate
                 and
                 discourse
                 of
                 reason
                 .
              
               
               
                 Of
                 the
                 first
                 sort
                 there
                 are
                 two
                 kindes
                 ;
                 for
                 some
                 propositions
                 there
                 are
                 ,
                 although
                 of
                 themselues
                 but
                 onely
                 probable
                 ,
                 yet
                 neuerthelesse
                 are
                 supposed
                 of
                 such
                 certainty
                 ,
                 that
                 no
                 averment
                 shall
                 bee
                 receiued
                 to
                 enounter
                 the
                 same
                 .
                 Othersome
                 ,
                 although
                 they
                 be
                 by
                 the
                 Law
                 intended
                 true
                 ,
                 
                   Prima
                   facie
                
                 ,
                 yet
                 neuerthelesse
                 the
                 same
                 Law
                 alloweth
                 an
                 averment
                 ,
                 and
                 admitteth
                 proofe
                 to
                 impeach
                 the
                 same
                 .
              
               
                 Those
                 moreouer
                 which
                 rest
                 vpon
                 discourse
                 of
                 reason
                 ,
                 are
                 subiect
                 to
                 diuers
                 exceptions
                 ,
                 the
                 materiall
                 cause
                 whereof
                 is
                 ,
                 the
                 infinite
                 variety
                 of
                 circumstances
                 that
                 in
                 all
                 humane
                 actions
                 doe
                 happen
                 .
              
               
                 The
                 forme
                 and
                 nature
                 of
                 the
                 exception
                 is
                 perceiued
                 and
                 knowne
                 by
                 this
                 effect
                 following
                 ;
                 in
                 that
                 it
                 restraineth
                 the
                 ground
                 vnto
                 which
                 it
                 is
                 connexed
                 .
              
               
                 The
                 efficient
                 causes
                 are
                 two
                 ,
                 viz.
                 Equity
                 or
                 some
                 other
                 Ground
                 of
                 the
                 Law
                 importing
                 contrarietie
                 .
                 And
                 the
                 end
                 thereof
                 is
                 conformity
                 and
                 coherency
                 of
                 Law
                 agreeable
                 vnto
                 Iustices
                 whose
                 minister
                 the
                 Law
                 is
                 .
              
               
                 Moreouer
                 as
                 occasion
                 hath
                 bin
                 offered
                 in
                 the
                 declaration
                 of
                 the
                 causes
                 from
                 whom
                 Exceptions
                 of
                 Rules
                 doe
                 spring
                 ,
                 there
                 hath
                 beene
                 shewed
                 the
                 vse
                 of
                 equity
                 in
                 the
                 common
                 Law
                 ,
                 Statute
                 Law
                 ,
                 and
                 Chancery
                 ,
                 by
                 the
                 two
                 effects
                 thereof
                 ,
                 application
                 and
                 restraint
                 ;
                 the
                 one
                 enlarging
                 ,
                 the
                 other
                 abridging
                 .
              
               
                 Wherefore
                 now
                 resteth
                 to
                 speake
                 of
                 the
                 second
                 principall
                 part
                 ,
                 concerning
                 the
                 forme
                 of
                 Axiomes
                 ,
                 namely
                 ,
                 generallity
                 :
                 The
                 consideration
                 whereof
                 ,
                 bringeth
                 to
                 memory
                 ,
                 that
                 God
                 in
                 his
                 most
                 excellen
                 worke
                 ,
                 of
                 the
                 frame
                 of
                 transitory
                 things
                 ,
                 though
                 he
                 hath
                 furnished
                 the
                 world
                 with
                 vnspeakable
                 variety
                 ,
                 
                 thereby
                 making
                 manifest
                 vnto
                 all
                 humane
                 creatures
                 ,
                 to
                 their
                 great
                 astonishment
                 ,
                 his
                 incomprehensible
                 wisdom
                 ,
                 his
                 omnipotent
                 power
                 ,
                 &
                 his
                 vnsearchable
                 prouidence
                 ,
                 yet
                 ,
                 being
                 the
                 God
                 of
                 order
                 ,
                 not
                 of
                 confusion
                 ,
                 hath
                 admitted
                 no
                 infinitenesse
                 in
                 nature
                 (
                 howsoeuer
                 otherwise
                 it
                 seeme
                 to
                 our
                 weake
                 capacities
                 )
                 but
                 hath
                 continued
                 the
                 innumerable
                 variety
                 of
                 particular
                 things
                 vnder
                 certaine
                 specialls
                 ;
                 those
                 specialls
                 vnder
                 generalls
                 ;
                 and
                 those
                 generalls
                 againe
                 under
                 causes
                 more
                 generall
                 ,
                 lincking
                 and
                 conioyning
                 one
                 thing
                 to
                 another
                 ,
                 as
                 by
                 a
                 chaine
                 ,
                 euen
                 untill
                 we
                 ascend
                 unto
                 himselfe
                 ,
                 the
                 first
                 chiefe
                 and
                 principall
                 cause
                 of
                 all
                 good
                 things
                 .
                 And
                 this
                 is
                 that
                 which
                 Plato
                 out
                 of
                 Homer
                 ,
                 was
                 wont
                 to
                 call
                 
                   Iupiters
                   golden
                   Chaine
                
                 .
              
               
                 The
                 eye
                 whereby
                 we
                 doe
                 see
                 and
                 viewe
                 ,
                 and
                 the
                 in
                 ward
                 hand
                 whereby
                 we
                 doe
                 reach
                 and
                 apprehend
                 these
                 things
                 ,
                 is
                 mans
                 vnderstanding
                 ,
                 which
                 is
                 wholly
                 imployed
                 about
                 vniuersality
                 as
                 about
                 his
                 proper
                 obiect
                 ,
                 by
                 meanes
                 whereof
                 ,
                 in
                 all
                 things
                 rationall
                 ,
                 being
                 discouered
                 by
                 the
                 vse
                 of
                 reason
                 ,
                 mans
                 vnderstanding
                 for
                 the
                 attaining
                 of
                 knowledge
                 proceedeth
                 from
                 the
                 effect
                 to
                 the
                 cause
                 ,
                 and
                 againe
                 from
                 the
                 cause
                 to
                 the
                 effect
                 ;
                 that
                 is
                 from
                 the
                 particular
                 to
                 the
                 speciall
                 ,
                 and
                 from
                 the
                 speciall
                 to
                 the
                 generall
                 ;
                 and
                 so
                 to
                 the
                 more
                 generall
                 ,
                 euen
                 to
                 a
                 principall
                 and
                 primary
                 position
                 or
                 notion
                 ,
                 which
                 needeth
                 no
                 further
                 proofe
                 ,
                 but
                 is
                 of
                 it selfe
                 knowne
                 and
                 apparant
                 .
                 And
                 so
                 againe
                 from
                 such
                 chiefe
                 and
                 primary
                 Principles
                 and
                 propositions
                 to
                 more
                 speciall
                 and
                 peculiar
                 Assertions
                 ,
                 descending
                 euen
                 to
                 euery
                 particular
                 matter
                 .
              
               
               
                 But
                 that
                 ,
                 of
                 this
                 which
                 hath
                 beene
                 said
                 ,
                 some
                 example
                 might
                 be
                 shewed
                 ,
                 especially
                 in
                 this
                 matter
                 ,
                 which
                 we
                 now
                 haue
                 in
                 hand
                 ,
                 namely
                 ,
                 concerning
                 the
                 Grounds
                 and
                 Rules
                 of
                 the
                 Law
                 of
                 England
                 ;
                 let
                 one
                 of
                 the
                 proposed
                 Grounds
                 first
                 before
                 mentioned
                 stand
                 here
                 for
                 an
                 example
                 ,
                 viz.
                 
              
               
                 
                   Nihil
                   est
                   magis
                   rationi
                   consentaneum
                   ,
                   quam
                   codem
                   modo
                   quodque
                   dissolvere
                   quo
                   constatum
                   est
                   .
                
              
               
                 This
                 principle
                 being
                 a
                 Rule
                 of
                 reason
                 containing
                 great
                 probability
                 ,
                 and
                 being
                 of
                 the
                 number
                 of
                 those
                 that
                 before
                 we
                 said
                 to
                 haue
                 beene
                 deriued
                 from
                 the
                 obseruation
                 of
                 the
                 nature
                 of
                 things
                 ,
                 which
                 though
                 it
                 be
                 subiect
                 to
                 manifold
                 exceptions
                 ,
                 yet
                 neuerthelesse
                 as
                 a
                 generall
                 Rule
                 ,
                 the
                 same
                 is
                 verified
                 in
                 many
                 speciall
                 Axiomes
                 ;
                 and
                 they
                 againe
                 diuersly
                 subdiuided
                 into
                 many
                 more
                 peculiar
                 propositions
                 ;
                 as
                 the
                 example
                 of
                 these
                 following
                 may
                 make
                 manifest
                 .
              
               
                 1
                 Cesty
                 que
                 est
                 charge
                 pur
                 Record
                 doit
                 luy
                 discharger
                 per
                 Record
                 .
              
               
                 2
                 Cesty
                 que
                 est
                 charge
                 per
                 fait
                 doit
                 luy
                 mesme
                 discharge
                 per
                 fait
                 ,
                 ou
                 per
                 auter
                 matter
                 cy
                 haut
                 .
              
               
                 3
                 Cesty
                 que
                 est
                 charge
                 fo
                 rs
                 que
                 pur
                 parol
                 ,
                 poet
                 este
                 discharge
                 pur
                 parol
                 .
              
               
                 Of
                 which
                 generall
                 Propositions
                 there
                 can
                 be
                 made
                 no
                 better
                 Reason
                 then
                 by
                 the
                 commemoration
                 of
                 the
                 said
                 first
                 aforeshewed
                 generall
                 Rule
                 .
              
               
                 Moreouer
                 ,
                 the
                 first
                 of
                 the
                 last
                 aboue
                 remembred
                 comprehendeth
                 vnder
                 the
                 generality
                 thereof
                 certaine
                 other
                 more
                 speciall
                 Rules
                 :
              
               
                 As
              
               
                 
                   In
                   det
                   sur
                   arrerages
                   de
                   accompt
                   que
                   est
                   matter
                   de
                   Record
                   ,
                   le
                   party
                   doit
                   discharger
                   luy
                   pur
                   matter
                   
                   cy
                   haut
                   ,
                   &
                   nemy
                   per
                   specialty
                   ,
                   on
                   fait
                   ou
                   auter
                   matier
                   que
                   nest
                   cy
                   haut
                   .
                
                 6.
                 
                 Hen.
                 4.
                 6.
                 a.
                 3.
                 
                 Hen.
                 4.
                 5.
                 a.
                 11.
                 
                 Hen.
                 4.
                 79.
                 b.
                 13.
                 
                 Hen.
                 4.
                 1.
                 a.
                 8.
                 
                 Hen.
                 5.
                 3.
                 b.
                 3.
                 
                 Hen.
                 6.
                 55.
                 a.
                 4.
                 
                 Hen.
                 6.
                 17.
                 b.
                 20.
                 
                 Hen.
                 6.
                 55.
                 b.
                 
              
               
                 
                   In
                   det
                   sur
                   recouery
                   ,
                   home
                   ne
                   sera
                   discharge
                   mes
                   per
                   matter
                   cy
                   hout
                   :
                   ou
                   a
                   tiel
                   effect
                   .
                
                 6.
                 
                 Hen.
                 4.
                 6
                 a.
                 
              
               
                 Vnder
                 the
                 second
                 Rule
                 or
                 Ground
                 before
                 proposed
                 touching
                 a
                 discharge
                 where
                 the
                 party
                 is
                 charged
                 by
                 matter
                 of
                 specialty
                 ;
                 those
                 speciall
                 Rules
                 following
                 are
                 likewise
                 comprehended
                 .
              
               
                 
                   In
                   nul
                   casehome
                   ne
                   poit
                   avoide
                   single
                   obligation
                   ,
                   sans
                   auter
                   specialty
                   de
                   auxy
                   haut
                   nature
                   .
                
                 1
                 Hen.
                 7.
                 14.
                 
                 b
                 5.
                 
                 Hen.
                 7.
                 33.
                 b.
                 11.
                 
                 Hen.
                 7.
                 4.
                 b.
                 
              
               
                 
                   Home
                   que
                   ad
                   enfreint
                   covenant
                   ne
                   pledera
                   matter
                   in
                   discharge
                   de
                   ceo
                   sans
                   sait
                   .
                
                 3.
                 
                 Hen.
                 4.
                 1.
                 b.
                 1.
                 
                 Hen
                 7.
                 14.
                 b.
                 21.
                 
                 Hen.
                 6.
                 31.
                 a.
                 
              
               
                 
                   Home
                   ne
                   dischargera
                   luy
                   mesme
                   d'un
                   annuitie
                   que
                   charge
                   son
                   person
                   sant
                   specialty
                   .
                
                 5.
                 
                 Hen.
                 7.
                 33.
                 b.
                 33.
                 
                 Hen.
                 8.
                 51.
                 
                   a.
                   Dyer
                
                 .
              
               
                 The
                 first
                 rule
                 of
                 these
                 last
                 remembred
                 Grounds
                 ,
                 namely
                 ,
                 touching
                 obligations
                 ,
                 is
                 againe
                 diuided
                 into
                 diuers
                 particulars
                 ;
                 as
                 for
                 example
                 .
              
               
                 
                   Arbitrement
                   ne
                   dischargera
                   home
                   de
                   un
                   duty
                   due
                   per
                   unobligation
                   .
                
                 8.
                 
                 Hen.
                 7.
                 3.
                 b.
                 6.
                 
                 Hen.
                 4.
                 6.
                 a.
                 
              
               
                 
                   Si
                   le
                   obligee
                   deliuer
                   l'obligation
                   al
                   obliger
                   come
                   acquittance
                   ,
                   &
                   puis
                   ceo
                   prift
                   de
                   luy
                   ,
                   &
                   comence
                   sute
                   sur
                   ceo
                   ;
                   cest
                   deliuery
                   ne
                   sera
                   discharge
                   del
                   obligation
                   .
                
                 1.
                 
                 Hen.
                 7.
                 17.
                 a.
                 33.
                 
                 Hen.
                 8.
                 51.
                 
                   a.
                   Dyar
                
                 22.
                 
                 Hen.
                 6.
                 52.
                 b.
                 
              
               
                 The
                 other
                 following
                 concerning
                 Indentures
                 of
                 Couenants
                 ,
                 may
                 likewise
                 be
                 diuided
                 into
                 other
                 more
                 particular
                 assertions
                 :
                 but
                 to
                 avoyde
                 rediousnesse
                 ,
                 these
                 already
                 shewed
                 abundantly
                 manifest
                 our
                 meaning
                 ,
                 
                 and
                 therefore
                 may
                 suffice
                 :
              
               
                 The
                 vse
                 of
                 this
                 kind
                 of
                 obseruation
                 of
                 the
                 generallity
                 
                 of
                 Rules
                 and
                 Propositions
                 is
                 manifold
                 .
              
               
                 First
                 ,
                 things
                 proposed
                 in
                 the
                 generallity
                 are
                 best
                 knowne
                 and
                 most
                 familiar
                 to
                 our
                 conceipt
                 ,
                 sith
                 they
                 be
                 the
                 proper
                 obiect
                 of
                 our
                 vnderstanding
                 ,
                 as
                 before
                 is
                 declared
                 .
              
               
                 Secondly
                 ,
                 they
                 doe
                 better
                 adhere
                 and
                 sticke
                 in
                 memory
                 ,
                 sith
                 Intellectiue
                 memory
                 is
                 (
                 as
                 the
                 vnderstanding
                 is
                 )
                 imployed
                 about
                 vniuersall
                 and
                 generall
                 things
                 .
              
               
                 Thirdly
                 ,
                 vniuersall
                 Propositions
                 are
                 the
                 precepts
                 of
                 Art
                 ,
                 and
                 therefore
                 they
                 are
                 called
                 perpetuall
                 and
                 and
                 eternall
                 :
                 for
                 no
                 Art
                 ,
                 Science
                 ,
                 Method
                 ,
                 or
                 certaine
                 knowledge
                 can
                 or
                 may
                 consist
                 of
                 particularities
                 :
                 for
                 the
                 orderly
                 proceeding
                 of
                 euery
                 Art
                 ,
                 Methodically
                 handled
                 ,
                 is
                 from
                 the
                 due
                 regard
                 had
                 of
                 the
                 generall
                 ,
                 to
                 descend
                 vnto
                 the
                 specialls
                 contained
                 vnderneath
                 the
                 same
                 :
                 wherefore
                 it
                 ensueth
                 hereof
                 ,
                 that
                 generall
                 Propositions
                 are
                 the
                 most
                 speedy
                 instruments
                 of
                 knowledge
                 :
                 for
                 experience
                 ,
                 which
                 wholly
                 is
                 gotten
                 by
                 the
                 obseruation
                 of
                 particular
                 things
                 (
                 being
                 depriued
                 of
                 speculation
                 )
                 is
                 slow
                 ,
                 blinde
                 ,
                 doubtfull
                 ,
                 and
                 deceiueable
                 ,
                 and
                 truly
                 called
                 the
                 mistresse
                 offooles
                 .
              
            
             
               
                 Notes
                 collected
                 out
                 of
                 Authors
                 touching
                 the
                 obseruation
                 of
                 generall
                 Propositions
                 .
              
               
                 IF
                 perchance
                 vpon
                 occasion
                 of
                 some
                 former
                 speeches
                 here
                 published
                 touching
                 the
                 vniuersallity
                 of
                 Grounds
                 ,
                 there
                 be
                 demanded
                 this
                 question
                 .
              
               
               
                 Why
                 the
                 Lawes
                 of
                 England
                 at
                 the
                 first
                 and
                 
                 from
                 time
                 to
                 time
                 ,
                 had
                 not
                 beene
                 published
                 after
                 this
                 Method
                 of
                 generall
                 and
                 speciall
                 Rules
                 with
                 their
                 exceptions
                 .
              
               
                 I
                 answere
                 thereunto
                 ,
                 that
                 many
                 ancient
                 writers
                 
                 attempted
                 that
                 kinde
                 of
                 writing
                 ,
                 and
                 accomplished
                 the
                 same
                 according
                 to
                 their
                 seuerall
                 and
                 sundry
                 gifts
                 more
                 or
                 lesse
                 perfect
                 each
                 then
                 other
                 :
                 As
                 by
                 the
                 treatises
                 of
                 
                   Glanvile
                   ,
                   Braction
                   ,
                   Britton
                
                 ,
                 and
                 others
                 appeareth
                 .
              
               
                 Secondly
                 I
                 say
                 that
                 forasmuch
                 as
                 daily
                 new
                 questions
                 
                 came
                 in
                 debate
                 whereof
                 before
                 had
                 beene
                 no
                 resolution
                 ,
                 and
                 wherein
                 many
                 times
                 the
                 least
                 variety
                 of
                 circumstances
                 doth
                 alter
                 the
                 Law
                 ;
                 therefore
                 our
                 Ancestors
                 thought
                 it
                 more
                 convenient
                 ,
                 to
                 be
                 rather
                 gouerned
                 by
                 an
                 vnwritten
                 Law
                 ,
                 not
                 left
                 in
                 any
                 other
                 monument
                 ,
                 then
                 in
                 the
                 minde
                 of
                 man
                 ;
                 and
                 thence
                 to
                 be
                 deduced
                 by
                 disceptation
                 &
                 discourse
                 of
                 reason
                 :
                 and
                 that
                 when
                 occasion
                 should
                 bee
                 offered
                 ,
                 and
                 not
                 before
                 .
              
               
                 Thirdly
                 ,
                 it
                 is
                 more
                 conuenient
                 and
                 profitable
                 to
                 
                 the
                 state
                 of
                 the
                 common
                 wealth
                 to
                 frame
                 Law
                 vpon
                 deliberation
                 and
                 debate
                 of
                 reason
                 ,
                 by
                 men
                 skilfull
                 and
                 learned
                 in
                 that
                 facultie
                 ,
                 when
                 present
                 occasion
                 is
                 offered
                 to
                 vse
                 the
                 same
                 ,
                 by
                 a
                 case
                 then
                 falling
                 out
                 and
                 requiring
                 Iudiciall
                 determination
                 :
                 for
                 then
                 is
                 it
                 likely
                 ,
                 with
                 much
                 more
                 care
                 ,
                 industrie
                 and
                 diligence
                 to
                 be
                 looked
                 vnto
                 ;
                 and
                 much
                 more
                 time
                 of
                 deliberation
                 is
                 there
                 taken
                 for
                 the
                 mature
                 decision
                 thereof
                 ,
                 then
                 otherwise
                 upon
                 the
                 establishing
                 of
                 any
                 positiue
                 Law
                 ,
                 might
                 be
                 imparted
                 concerning
                 the
                 same
                 .
              
               
                 Last
                 of
                 all
                 ,
                 sith
                 all
                 good
                 Lawes
                 require
                 perspicuity
                 
                 
                 and
                 plainesse
                 ;
                 and
                 that
                 in
                 generallity
                 ,
                 for
                 the
                 most
                 part
                 ,
                 lurketh
                 obscurity
                 ;
                 therefore
                 there
                 is
                 nothing
                 of
                 more
                 force
                 and
                 effect
                 touching
                 the
                 making
                 and
                 framing
                 of
                 a
                 good
                 Law
                 ,
                 then
                 the
                 present
                 occasion
                 offered
                 ,
                 sith
                 thereby
                 it
                 brought
                 to
                 light
                 ,
                 that
                 which
                 otherwise
                 would
                 not
                 asmuch
                 (
                 many
                 times
                 )
                 as
                 be
                 thought
                 vpon
                 ,
                 and
                 giueth
                 occasion
                 to
                 dispute
                 that
                 which
                 none
                 would
                 haue
                 thought
                 euer
                 should
                 haue
                 come
                 in
                 question
                 .
                 And
                 therefore
                 not
                 without
                 due
                 consideration
                 among
                 the
                 Romans
                 ,
                 
                   Disputationes
                   fori
                
                 ,
                 and
                 with
                 vs
                 Demurrers
                 haue
                 euer
                 beene
                 allowed
                 as
                 originalls
                 of
                 Law.
                 
              
               
                 As
                 touching
                 the
                 manifestation
                 of
                 Rules
                 ,
                 all
                 are
                 affirmatiue
                 or
                 negatiue
                 :
                 wherein
                 though
                 the
                 affirmatiue
                 be
                 ,
                 for
                 many
                 causes
                 ,
                 the
                 more
                 worthy
                 ;
                 yet
                 such
                 negation
                 as
                 implyeth
                 affirmation
                 (
                 and
                 therefore
                 called
                 pregnant
                 )
                 is
                 not
                 without
                 some
                 vse
                 in
                 the
                 setting
                 downe
                 and
                 deliuering
                 of
                 exceptions
                 and
                 generall
                 Rules
                 .
                 And
                 thus
                 much
                 touching
                 the
                 forme
                 of
                 Rules
                 ,
                 Grounds
                 ,
                 and
                 Axiomes
                 .
              
               
                 The
                 efficient
                 cause
                 of
                 Rules
                 ,
                 Grounds
                 ,
                 and
                 Axiomes
                 is
                 the
                 light
                 of
                 naturall
                 reason
                 tryed
                 and
                 sifted
                 vpon
                 disputation
                 and
                 argument
                 .
                 And
                 hence
                 is
                 it
                 ,
                 that
                 the
                 Law
                 (
                 as
                 hath
                 beene
                 before
                 declared
                 )
                 is
                 called
                 reason
                 ;
                 not
                 for
                 that
                 euery
                 man
                 can
                 comprehend
                 the
                 same
                 ;
                 but
                 it
                 is
                 artificiall
                 reason
                 ;
                 the
                 reason
                 of
                 such
                 ,
                 as
                 by
                 their
                 wisdome
                 ,
                 learning
                 ,
                 and
                 long
                 experience
                 are
                 skillfull
                 in
                 the
                 affaires
                 of
                 men
                 ,
                 and
                 know
                 what
                 is
                 fit
                 and
                 conuenient
                 to
                 be
                 held
                 and
                 obserued
                 for
                 the
                 appeasing
                 of
                 controuersies
                 and
                 debates
                 among
                 men
                 ,
                 still
                 hauing
                 an
                 eye
                 and
                 due
                 regard
                 of
                 iustice
                 ,
                 and
                 a
                 consideration
                 of
                 the
                 common
                 wealth
                 
                 wherein
                 they
                 liue
                 ;
                 for
                 well
                 saith
                 
                   Aristotle
                   ,
                   Hoc
                   qu
                   dem
                   perspicuum
                   est
                   ,
                   leges
                   pro
                   ratione
                   Reipub.
                   esse
                
                 
                 scrilendas
                 .
                 And
                 of
                 this
                 reason
                 that
                 wee
                 speake
                 of
                 ,
                 Tully
                 hath
                 a
                 noteable
                 saying
                 .
                 
                   Ratio
                   est
                   societatis
                   humanae
                
                 
                 
                   vinculū
                   ,
                   ut
                   ratio
                   ,
                   quae
                   dicendo
                   ,
                   communicando
                   ,
                   disceptando
                   ,
                   indicando
                   ,
                   conciliat
                   inter
                   se
                   homines
                   ,
                   coniungit
                   ,
                   &
                   retinet
                   naturali
                   societate
                   .
                
                 Wherefore
                 sith
                 the
                 Grounds
                 of
                 Law
                 are
                 the
                 foundation
                 of
                 Law
                 ,
                 or
                 at
                 leastwise
                 the
                 Law
                 it selfe
                 deliuered
                 in
                 manner
                 of
                 compendious
                 and
                 short
                 sentences
                 and
                 propositions
                 ;
                 that
                 which
                 is
                 the
                 efficient
                 cause
                 of
                 Law
                 ,
                 must
                 likewise
                 be
                 the
                 efficient
                 cause
                 of
                 those
                 Rules
                 and
                 Axiomes
                 .
              
               
                 Inasmuch
                 then
                 as
                 
                   Primaria
                   efficiens
                   causa
                   iuris
                
                 ,
                 
                 
                   est
                   natura
                   &
                   ratio
                   civilis
                   ,
                   ex
                   quibus
                   potissimum
                   leges
                   emanant
                   ,
                   &
                   veluti
                   scaturiunt
                   .
                
                 The
                 same
                 nature
                 and
                 reason
                 are
                 likewise
                 the
                 principall
                 and
                 originall
                 efficient
                 cause
                 of
                 the
                 Rules
                 ,
                 Axiomes
                 ,
                 Grounds
                 ,
                 and
                 Propositions
                 of
                 the
                 Law
                 ;
                 I
                 meane
                 
                   Civilis
                   ratio
                
                 ,
                 that
                 is
                 reason
                 respecting
                 iustice
                 and
                 the
                 common
                 wealth
                 .
              
               
                 This
                 reason
                 hath
                 in
                 the
                 written
                 workes
                 of
                 the
                 Lawes
                 of
                 this
                 Land
                 ,
                 either
                 beene
                 plainely
                 published
                 and
                 expressed
                 in
                 the
                 bookes
                 of
                 Law
                 ,
                 vpon
                 deceptation
                 of
                 cases
                 in
                 debate
                 ,
                 and
                 left
                 vnto
                 posterity
                 as
                 the
                 Lights
                 ,
                 Rules
                 ,
                 and
                 Directions
                 ,
                 whereby
                 the
                 said
                 cases
                 so
                 called
                 into
                 question
                 ,
                 were
                 at
                 the
                 last
                 decided
                 and
                 determined
                 .
              
               
                 Or
                 else
                 it
                 is
                 not
                 at
                 all
                 expressely
                 published
                 in
                 words
                 ,
                 but
                 left
                 neuerthelesse
                 implyed
                 and
                 inclined
                 in
                 the
                 cases
                 so
                 decided
                 ,
                 and
                 therein
                 doth
                 as
                 it
                 were
                 lye
                 hidden
                 ;
                 and
                 yet
                 neuerthelesse
                 to
                 be
                 easily
                 ,
                 with
                 industrie
                 
                 collected
                 and
                 inferred
                 vpon
                 those
                 Cases
                 decided
                 ,
                 and
                 doth
                 necessarily
                 follow
                 vpon
                 the
                 resolution
                 of
                 the
                 same
                 ,
                 and
                 being
                 thence
                 drawne
                 ,
                 may
                 abundantly
                 serue
                 to
                 infinite
                 vses
                 ,
                 in
                 the
                 determinating
                 of
                 other
                 doubts
                 ?
                 which
                 daily
                 doe
                 and
                 may
                 come
                 in
                 debate
                 .
                 Wherefore
                 sith
                 in
                 the
                 Law
                 (
                 as
                 in
                 other
                 Sciences
                 )
                 all
                 arguments
                 and
                 disputation
                 doe
                 either
                 consist
                 of
                 expresse
                 proofe
                 and
                 allegation
                 of
                 Authoritie
                 (
                 which
                 are
                 called
                 
                   Inartificiall
                   Arguments
                
                 )
                 or
                 else
                 of
                 application
                 and
                 inference
                 ;
                 as
                 well
                 the
                 Rules
                 to
                 bee
                 collected
                 vpon
                 Inference
                 and
                 application
                 of
                 other
                 Cases
                 ,
                 are
                 to
                 bee
                 regarded
                 and
                 to
                 bee
                 produced
                 ,
                 as
                 those
                 which
                 are
                 direct
                 authorities
                 .
                 And
                 forasmuch
                 as
                 in
                 very
                 few
                 cases
                 of
                 doubt
                 newly
                 rising
                 in
                 debate
                 ,
                 and
                 called
                 into
                 question
                 and
                 controuersie
                 ,
                 expresse
                 proofe
                 and
                 pregnant
                 authoritie
                 can
                 be
                 found
                 ;
                 the
                 Lawyer
                 is
                 most
                 beholding
                 to
                 Inference
                 and
                 Application
                 ,
                 where
                 with
                 hee
                 is
                 instructed
                 and
                 taught
                 ,
                 that
                 Cases
                 different
                 in
                 circumstance
                 ,
                 may
                 be
                 neuerthelesse
                 compared
                 each
                 to
                 other
                 in
                 equalitie
                 of
                 Reason
                 ;
                 so
                 that
                 of
                 like
                 Reason
                 ,
                 like
                 law
                 might
                 be
                 framed
                 .
                 And
                 by
                 how
                 much
                 Application
                 and
                 inference
                 doth
                 more
                 depend
                 vpon
                 wit
                 and
                 Art
                 ,
                 then
                 the
                 producing
                 of
                 expresse
                 Authoritie
                 ;
                 by
                 so
                 much
                 the
                 more
                 it
                 excelleth
                 the
                 same
                 ,
                 sith
                 the
                 Allegation
                 of
                 expresse
                 Authoritie
                 ,
                 resteth
                 wholly
                 vpon
                 Industrie
                 and
                 Memorie
                 in
                 publishing
                 and
                 noting
                 that
                 which
                 hee
                 findeth
                 already
                 framed
                 to
                 his
                 hand
              
               
                 Expresse
                 Rules
                 ,
                 Axiomes
                 ,
                 Grounds
                 and
                 Positions
                 of
                 the
                 former
                 sort
                 are
                 published
                 in
                 the
                 booke
                 of
                 Law
                 ,
                 either
                 in
                 the
                 Lattin
                 tongue
                 ,
                 as
                 are
                 the
                 former
                 generall
                 Rules
                 first
                 mentioned
                 ,
                 and
                 also
                 infinite
                 other
                 
                 of
                 that
                 kinde
                 ;
                 or
                 else
                 in
                 the
                 French
                 ;
                 in
                 which
                 tongue
                 the
                 Reports
                 of
                 forepassed
                 Cases
                 are
                 published
                 vnto
                 the
                 vse
                 of
                 posteritie
                 ,
                 and
                 wherewith
                 the
                 said
                 bookes
                 of
                 yeares
                 and
                 tearmes
                 (
                 almost
                 in
                 euery
                 case
                 therein
                 found
                 )
                 are
                 fully
                 furnished
                 .
                 So
                 that
                 all
                 ,
                 though
                 it
                 shall
                 be
                 need
                 esse
                 to
                 make
                 manifest
                 that
                 by
                 Example
                 ,
                 which
                 of
                 it selfe
                 is
                 euident
                 ;
                 yet
                 still
                 to
                 pursue
                 the
                 former
                 Methode
                 and
                 order
                 hitherunto
                 obserued
                 ,
                 we
                 shall
                 easily
                 perceiue
                 the
                 same
                 in
                 this
                 short
                 case
                 hereafter
                 expressed
                 .
              
               
                 
                   Vn
                   home
                   avoit
                   a
                   lay
                   et
                   ses
                   heires
                   le
                   nomination
                   del
                   Clerke
                   d'un
                   Esglise
                   a
                   vn
                   Abbe
                   ,
                   et
                   le
                   Abbe
                   doit
                   presenter
                   ouster
                   le
                   Clerke
                   nominate
                   al
                   ordinary
                   ,
                   ore
                   le
                   Roy
                   ayant
                   les
                   possessions
                   del
                   Abbey
                   ad
                   present
                   son
                   Clerke
                   al
                   dit
                   Esglise
                   estant
                   voide
                   sans
                   ascun
                   nomination
                   .
                   Et
                   le
                   opinion
                   del
                   Court
                   fut
                   ,
                   que
                   le
                   party
                   que
                   aueroit
                   le
                   nomination
                   ,
                   auera
                   Quare
                   impedit
                   vers
                   le
                   Incumbent
                   tantum
                   ,
                   sans
                   ascun
                   deste
                   nosme
                   Patron
                   :
                   Car
                   le
                   Roy
                   ne
                   poit
                   este
                   sue
                   come
                   disturber
                   .
                   Tamen
                   fut
                   dit
                   que
                   le
                   Roy
                   ne
                   poit
                   este
                   Instrument
                   al
                   ascun
                   home
                   .
                   Et
                   Shelley
                   dit
                   que
                   il
                   est
                   Instrument
                   a
                   chacun
                   home
                   :
                   Car
                   per
                   luy
                   chacun
                   Subject
                   ad
                   Iustice
                   a
                   luy
                   minister
                   .
                
              
               
                 The
                 Principles
                 ,
                 Maximes
                 ,
                 Rules
                 ,
                 or
                 Grounds
                 expressed
                 in
                 plaine
                 words
                 in
                 this
                 case
                 ,
                 and
                 which
                 are
                 indeed
                 the
                 very
                 reason
                 of
                 the
                 Resolution
                 therein
                 taken
                 ,
                 are
                 these
                 .
              
               
                 1
                 
                   Le
                   Roy
                   ne
                   poit
                   este
                   sue
                   Come
                   disturber
                   .
                
              
               
                 2
                 
                   Lou
                   le
                   roy
                   present
                   per
                   tort
                   ,
                   Quare
                   Impedit
                   sera
                   port
                   vers
                   L'incumbent
                   sole
                   sans
                   a
                   scun
                   deste
                   nosme
                   Patrone
                   .
                
              
               
                 3
                 
                   Le
                   roy
                   ne
                   poit
                   este
                   instrument
                   al
                   ascun
                   home
                   sccome
                   son
                   seruant
                   .
                
              
               
               
                 4
                 
                   Per
                   le
                   Roy
                   chescun
                   subiect
                   ad
                   Iustice
                   a
                   luy
                   minister
                   .
                
              
               
                 5
                 
                   Le
                   roy
                   est
                   instrument
                   a
                   chacun
                   home
                   purminister
                   a
                   luy
                   Iustice.
                   
                
              
               
                 So
                 that
                 the
                 Reasons
                 of
                 euery
                 Resolution
                 in
                 any
                 booke
                 Case
                 being
                 reduced
                 into
                 short
                 Sentences
                 ,
                 Propositions
                 or
                 Summarie
                 Conclusions
                 are
                 the
                 Grounds
                 Rules
                 ,
                 and
                 Principles
                 that
                 we
                 doe
                 meane
                 and
                 speake
                 of
                 in
                 this
                 place
                 .
              
               
                 Such
                 Summarie
                 Conclusions
                 ,
                 Corolaries
                 ,
                 Reasons
                 ,
                 Grounds
                 ,
                 or
                 Propositions
                 therefore
                 as
                 afore
                 declared
                 are
                 deliuered
                 in
                 the
                 bookes
                 of
                 Reports
                 in
                 two
                 manners
                 .
              
               
                 Sometimes
                 without
                 any
                 note
                 or
                 marke
                 that
                 they
                 are
                 Grounds
                 or
                 Rules
                 ,
                 but
                 onely
                 as
                 laid
                 downe
                 and
                 dispersed
                 in
                 the
                 Arguments
                 and
                 Resolutions
                 as
                 short
                 Reasons
                 of
                 the
                 opinion
                 or
                 determination
                 there
                 expressed
                 as
                 in
                 the
                 last
                 example
                 appeareth
                 .
              
               
                 Sometimes
                 with
                 a
                 note
                 or
                 marke
                 that
                 they
                 are
                 Grounds
                 ,
                 Rules
                 ,
                 and
                 Maximes
                 ,
                 and
                 are
                 expresly
                 inuested
                 with
                 such
                 names
                 ,
                 as
                 in
                 the
                 entrance
                 of
                 this
                 treatise
                 hath
                 appeared
                 .
                 And
                 thus
                 much
                 of
                 the
                 Grounds
                 or
                 Positions
                 expressed
                 in
                 the
                 bookes
                 .
              
               
                 Now
                 as
                 touching
                 the
                 second
                 sort
                 ,
                 which
                 are
                 to
                 be
                 collected
                 ,
                 and
                 inferred
                 out
                 of
                 the
                 Cases
                 left
                 reported
                 ,
                 wee
                 plainely
                 may
                 perceiue
                 the
                 notable
                 vse
                 of
                 such
                 collection
                 ,
                 in
                 reading
                 aduisedly
                 the
                 Commentaries
                 of
                 Mr.
                 Plowden
                 ,
                 or
                 other
                 the
                 best
                 bookes
                 of
                 Reports
                 ;
                 or
                 diligently
                 obseruing
                 any
                 notable
                 Argument
                 made
                 at
                 this
                 day
                 in
                 any
                 the
                 Queenes
                 Courts
                 in
                 matter
                 of
                 Demurrer
                 ,
                 where
                 wee
                 may
                 not
                 thinke
                 that
                 euery
                 case
                 cited
                 or
                 alleadged
                 out
                 of
                 the
                 bookes
                 for
                 proofe
                 
                 of
                 the
                 Controuersie
                 ,
                 is
                 therefore
                 alleadged
                 because
                 it
                 hath
                 expresse
                 matter
                 therein
                 published
                 in
                 plaine
                 words
                 ,
                 and
                 tending
                 to
                 the
                 resolution
                 of
                 the
                 point
                 in
                 question
                 :
                 but
                 at
                 sometimes
                 ,
                 and
                 that
                 most
                 commonly
                 ,
                 such
                 proofe
                 is
                 produced
                 vpon
                 inference
                 ,
                 and
                 yet
                 neuerthelesse
                 ,
                 sufficiently
                 pregnant
                 to
                 approue
                 the
                 matter
                 whereunto
                 it
                 is
                 rightly
                 applyed
                 :
                 which
                 inference
                 and
                 application
                 proceedeth
                 wholly
                 vpon
                 collected
                 Rules
                 and
                 Axiomes
                 included
                 in
                 the
                 resolution
                 of
                 those
                 Cases
                 produced
                 although
                 the
                 same
                 bee
                 not
                 expresly
                 spoken
                 or
                 published
                 therein
                 .
              
               
                 Wherefore
                 notwithstanding
                 ,
                 the
                 best
                 meanes
                 of
                 the
                 collection
                 of
                 the
                 said
                 Rules
                 depending
                 onely
                 vpon
                 Meditation
                 ,
                 and
                 resting
                 wholly
                 vpon
                 the
                 sagacitie
                 ,
                 wit
                 ,
                 industrie
                 ,
                 and
                 iudgement
                 of
                 the
                 Student
                 ,
                 (
                 because
                 euery
                 mans
                 seuerall
                 conceit
                 is
                 in
                 it selfe
                 sundry
                 )
                 may
                 best
                 be
                 referred
                 vnto
                 the
                 Student
                 himselfe
                 :
                 yet
                 neuerthelesse
                 ,
                 shall
                 it
                 not
                 bee
                 amisse
                 here
                 to
                 manifest
                 such
                 direction
                 therein
                 as
                 may
                 be
                 obserued
                 with
                 some
                 fruit
                 .
              
               
                 1
                 First
                 ,
                 after
                 the
                 Case
                 read
                 ,
                 let
                 vs
                 consider
                 with
                 our selues
                 ,
                 and
                 meditate
                 in
                 our
                 mindes
                 ,
                 to
                 what
                 seuerall
                 purposes
                 the
                 same
                 case
                 may
                 be
                 applyed
                 ,
                 and
                 what
                 matter
                 ,
                 or
                 seuerall
                 matters
                 the
                 resolution
                 of
                 the
                 said
                 Case
                 can
                 confirme
                 .
                 Which
                 when
                 we
                 haue
                 considered
                 of
                 ,
                 it
                 shall
                 bee
                 good
                 for
                 our
                 memory
                 to
                 commit
                 them
                 to
                 writing
                 ,
                 in
                 manner
                 ,
                 and
                 according
                 to
                 this
                 example
                 following
                 .
              
               
                 
                   Fut
                   moue
                   si
                   Tenant
                   in
                   tayle
                   d'un
                   Manour
                   ,
                   a
                   que
                   vilains
                
                 
                 
                   sons
                   regardant
                   ,
                   en
                   feoft
                   vn
                   des
                   vilains
                   d'un
                   acre
                   per
                   cel
                   del
                   Manor
                   ,
                   et
                   devy
                   ,
                   coment
                   que
                   le
                   Manor
                   discend
                   al
                   issue
                   in
                   tayle
                   ,
                   vncore
                   il
                   ne
                   poit
                   seiser
                   son
                   vilain
                   
                   tanque
                   le
                   aer●
                   soit
                   recover
                   .
                
              
               
                 Vpon
                 meditation
                 had
                 of
                 this
                 Case
                 ,
                 what
                 it
                 will
                 proue
                 ,
                 these
                 Propositions
                 or
                 Rules
                 following
                 may
                 easily
                 be
                 collected
                 .
              
               
                 1
                 
                   Lou
                   home
                   ad
                   forsque
                   vn
                   action
                   al
                   principal
                   chose
                   la
                   il
                   nauer
                   benefit
                   del
                   accessary
                   ,
                   tanque
                   il
                   ad
                   per
                   recouery
                   continue
                   le
                   principal
                   .
                
              
               
                 And
                 because
                 here
                 the
                 whole
                 principall
                 is
                 not
                 discontinued
                 ,
                 but
                 onely
                 one
                 Acre
                 ,
                 thereof
                 may
                 be
                 collected
                 ,
                 That
              
               
                 2
                 
                   Regardancy
                   ou
                   Apendancy
                   nest
                   solement
                   al
                   tout
                   le
                   Manor
                   ,
                   mes
                   chacun
                   acre
                   del
                   demeanes
                   .
                
              
               
                 Moreouer
                 ,
                 because
                 the
                 principall
                 in
                 this
                 Case
                 ,
                 viz.
                 the
                 Acre
                 discontinued
                 ,
                 cannot
                 be
                 recontinued
                 without
                 suite
                 to
                 be
                 attempted
                 against
                 the
                 Villen
                 ;
                 it
                 followeth
                 in
                 Reason
                 ,
                 that
                 he
                 shall
                 not
                 be
                 infranchised
                 thereby
                 :
                 Whence
                 also
                 this
                 Axiome
                 is
                 to
                 be
                 confirmed
                 or
                 proued
                 ,
                 That
              
               
                 3
                 
                   Necessary
                   suite
                   ew
                   vers
                   vn
                   villen
                   per
                   le
                   signor
                   ne
                   enfranchise
                   le
                   villen
                   .
                
              
               
                 Here
                 of
                 hath
                 appeared
                 that
                 although
                 none
                 of
                 these
                 Propositions
                 bee
                 expressed
                 in
                 the
                 resolution
                 of
                 the
                 said
                 Case
                 ,
                 in
                 the
                 booke
                 wherein
                 the
                 same
                 is
                 left
                 reported
                 ;
                 yet
                 neuerthelesse
                 are
                 they
                 necessarily
                 imployed
                 in
                 the
                 resolution
                 of
                 the
                 said
                 Case
                 ,
                 as
                 before
                 hath
                 beene
                 declared
                 .
              
               
                 But
                 if
                 the
                 Case
                 so
                 read
                 doth
                 consist
                 of
                 many
                 points
                 or
                 seuerall
                 questions
                 sunderly
                 debated
                 ,
                 euery
                 of
                 them
                 may
                 likewise
                 be
                 sunderly
                 and
                 apart
                 considered
                 of
                 ,
                 according
                 to
                 the
                 manner
                 before
                 shewed
                 .
              
               
                 A
                 second
                 meanes
                 ,
                 by
                 Inference
                 to
                 collect
                 ,
                 such
                 Rules
                 and
                 propositions
                 as
                 are
                 before
                 declared
                 ,
                 is
                 by
                 
                 way
                 of
                 Argument
                 by
                 Syllogisme
                 :
                 For
                 supposing
                 the
                 said
                 Case
                 to
                 be
                 denyed
                 to
                 be
                 Law
                 which
                 wee
                 haue
                 read
                 .
                 Let
                 vs
                 endeauour
                 to
                 draw
                 the
                 immediate
                 Reasons
                 thereof
                 into
                 a
                 syllogisme
                 for
                 confirmation
                 of
                 the
                 same
                 .
                 So
                 that
                 thereby
                 ,
                 forasmuch
                 as
                 all
                 Rules
                 out
                 of
                 the
                 Law
                 are
                 of
                 two
                 sorts
                 ,
                 that
                 is
                 ,
                 either
                 being
                 the
                 Reasons
                 of
                 the
                 Case
                 ,
                 or
                 the
                 Case
                 contracted
                 shortly
                 it selfe
                 ,
                 by
                 such
                 manner
                 of
                 Argument
                 ,
                 the
                 Maior
                 ,
                 and
                 first
                 Proposition
                 of
                 the
                 said
                 syllogisticall
                 Argument
                 ,
                 will
                 bee
                 the
                 generall
                 Reason
                 of
                 the
                 said
                 Case
                 :
                 the
                 Minor
                 or
                 second
                 Proposition
                 ,
                 will
                 be
                 the
                 particular
                 Reason
                 :
                 and
                 the
                 conclusion
                 will
                 bee
                 the
                 contracted
                 case
                 it selfe
                 :
                 Which
                 also
                 will
                 serue
                 as
                 a
                 secondarie
                 Rule
                 to
                 determine
                 other
                 Cases
                 of
                 equall
                 Reason
                 called
                 into
                 controuersie
                 .
                 For
                 example
                 herein
                 ,
                 we
                 will
                 take
                 the
                 opinion
                 of
                 Hulls
                 in
                 9.
                 
                 Hen.
                 4.
                 8.
                 
                 a
                 in
                 the
                 end
                 of
                 a
                 Case
                 there
                 argued
                 ,
                 where
                 he
                 holdeth
                 for
                 cleere
                 Law
                 ,
                 That
              
               
                 
                   Si
                   vn
                   home
                   fait
                   fine
                   pur
                   vn
                   trespas
                   dont
                   il
                   fut
                   endite
                
                 
                 
                   son
                   boache
                   sera
                   estopp
                   a
                   dire
                   que
                   il
                   nest
                   my
                   culpable
                   ,
                   sil
                   soit
                   eint
                   implead
                   apres
                   .
                
              
               
                 But
                 because
                 the
                 same
                 is
                 denyed
                 in
                 Hen.
                 6.
                 wee
                 endeauouring
                 to
                 proue
                 the
                 same
                 by
                 syllogisme
                 ,
                 shall
                 not
                 onely
                 confirme
                 it
                 ,
                 but
                 also
                 exemplifie
                 our
                 former
                 speeches
                 .
              
               
                 
                   Maior
                   ]
                   Nul
                   sera
                   permit
                   a
                   denyer
                   cest
                   iniury
                   pur
                   que
                   il
                   ad
                   fait
                   satisfaction
                   ,
                   ou
                   ad
                   suffer
                   punishment
                   .
                
              
               
                 
                   Minor
                   ]
                   Mes
                   cesty
                   que
                   ad
                   fait
                   fine
                   pur
                   vn
                   offence
                   ad
                   fait
                   ascun
                   satisfaction
                   et
                   in
                   ceo
                   ad
                   este
                   puny
                   .
                
              
               
                 
                   Conclusio
                   )
                   Il
                   que
                   ad
                   fait
                   vn
                   fine
                   pur
                   vne
                   trespas
                   ou
                   auter
                   offence
                   sera
                   estopp
                   a
                   ceo
                   denier
                   apres
                   .
                
              
               
                 Euery
                 of
                 these
                 propositions
                 bee
                 est-soones
                 confirmed
                 
                 not
                 onely
                 with
                 the
                 Case
                 before
                 spoken
                 (
                 for
                 as
                 they
                 doe
                 proue
                 the
                 Case
                 ,
                 being
                 the
                 immediate
                 Reasons
                 thereof
                 ;
                 so
                 are
                 they
                 to
                 be
                 proued
                 againe
                 by
                 the
                 Case
                 as
                 by
                 their
                 effect
                 )
                 but
                 also
                 with
                 sundry
                 other
                 Authorities
                 found
                 in
                 the
                 bookes
                 of
                 like
                 effect
                 .
              
               
                 A
                 third
                 obseruation
                 of
                 Propositions
                 and
                 Axiomes
                 
                 may
                 be
                 drawne
                 from
                 the
                 consideration
                 of
                 the
                 Titleing
                 words
                 ;
                 or
                 words
                 which
                 doe
                 yeeld
                 matter
                 of
                 effect
                 ;
                 whereof
                 in
                 the
                 Case
                 last
                 remembred
                 are
                 such
                 as
                 doe
                 follow
                 ;
                 namely
                 .
              
               
                 
                   Fyne
                   ,
                   Estoppel
                   ,
                   Enditement
                   ,
                   Nonculpable
                   ,
                   Party
                   ,
                   &c.
                   
                
              
               
                 And
                 herein
                 is
                 to
                 bee
                 meditated
                 and
                 considered
                 what
                 Rules
                 may
                 be
                 deriued
                 and
                 collected
                 out
                 of
                 the
                 said
                 Case
                 ,
                 and
                 be
                 referred
                 to
                 euery
                 of
                 the
                 said
                 Titles
                 :
                 As
                 namely
                 ,
              
            
             
               
                 Vnder
                 Fynes
                 .
              
               
                 1
                 
                   FIne
                   fait
                   pur
                   vn
                   offence
                   proue
                   ,
                   cesty
                   que
                   fait
                   le
                   fine
                   voluntarunt
                   ,
                   deste
                   culpable
                   del
                   dit
                   offence
                   .
                
              
               
                 2
                 
                   Fine
                   fait
                   per
                   vn
                   offence
                   causera
                   cesty
                   que
                   fait
                   le
                   offence
                   que
                   il
                   ne
                   ceo
                   denier
                   a
                   apres
                   .
                
              
            
             
               
                 Vnder
                 Enditement
                 ,
                 these
                 .
              
               
                 
                   SI
                   home
                   soit
                   Convince
                   ,
                   d'un
                   offence
                   sur
                   vn
                   Enditement
                   ,
                   que
                   est
                   al
                   sute
                   le
                   Roy
                   ,
                   il
                   ne
                   deniera
                   le
                   dit
                   offence
                   ,
                   sil
                   soit
                   apres
                   de
                   ceo
                   implede
                   al
                   sute
                   del
                   Party
                   .
                
              
            
             
               
                 Vnder
                 Estoppell
                 ,
                 these
                 .
              
               
                 
                   HOme
                   sera
                   estopp
                   per
                   matter
                   de
                   Implication
                   que
                   imply
                   le
                   contrary
                   de
                   son
                   disant
                   de
                   Record
                   .
                
              
            
             
               
               
                 Vnder
                 Non
                 Culpable
                 ,
                 these
                 .
              
               
                 
                   NOn
                   Culpable
                   ne
                   sera
                   plede
                   per
                   ascun
                   lou
                   per
                   implication
                   il
                   ad
                   confess
                   le
                   cause
                   del
                   action
                   .
                
              
            
             
               
                 Vnder
                 party
                 ,
                 these
                 .
              
               
                 
                   SI
                   offence
                   soit
                   Commit
                   cy
                   bien
                   al
                   Roy
                   que
                   come
                   al
                   Party
                   condemnation
                   al
                   sute
                   d'vn
                   d'eux
                   ,
                   aydera
                   l'auter
                   in
                   son
                   sute
                   .
                
              
               
                 A
                 fourth
                 manner
                 of
                 obseruation
                 is
                 to
                 referre
                 vnto
                 
                 euery
                 Ground
                 or
                 Rule
                 so
                 collected
                 ,
                 a
                 Rule
                 ,
                 more
                 generall
                 ,
                 so
                 proceeding
                 from
                 the
                 speciall
                 Rule
                 vnto
                 the
                 generall
                 Reason
                 ,
                 and
                 from
                 that
                 generall
                 Reason
                 vnto
                 a
                 more
                 generall
                 :
                 As
                 out
                 of
                 the
                 said
                 first
                 Case
                 may
                 be
                 drawne
                 this
                 generall
                 rule
                 .
              
               
                 
                   Home
                   ne
                   sera
                   permit
                   a
                   denier
                   ceo
                   que
                   deuant
                   il
                   ad
                
                 
                 
                   confess
                   per
                   implication
                   de
                   Record
                
                 .
              
               
                 Vnder
                 which
                 Ground
                 not
                 onely
                 ,
                 the
                 first
                 proposed
                 Case
                 of
                 9.
                 
                 Hen.
                 4.
                 8.
                 a.
                 may
                 be
                 comprehended
                 ;
                 and
                 diuers
                 others
                 of
                 like
                 effect
                 and
                 purpose
                 ,
                 and
                 which
                 doe
                 concurre
                 vnder
                 the
                 said
                 Generall
                 Rule
                 ;
                 As
                 for
                 example
                 .
              
               
                 He
                 which
                 is
                 arraigned
                 ,
                 after
                 hee
                 hath
                 pleaded
                 either
                 
                 in
                 Barre
                 or
                 in
                 Abatement
                 of
                 the
                 Appeale
                 whereon
                 he
                 was
                 arraigned
                 ,
                 may
                 plead
                 ouer
                 
                   Not
                   guilty
                
                 
                 to
                 the
                 felony
                 :
                 Except
                 the
                 Barre
                 or
                 Plea
                 doe
                 comprehend
                 such
                 matter
                 as
                 doth
                 acknowledge
                 the
                 felony
                 ;
                 as
                 a
                 Release
                 or
                 pardon
                 .
                 But
                 if
                 he
                 doe
                 pleade
                 any
                 such
                 Plea
                 or
                 Barre
                 ;
                 viz.
                 Release
                 ,
                 or
                 Pardon
                 in
                 any
                 Appeale
                 
                 or
                 Enditement
                 ,
                 he
                 cannot
                 plead
                 ouer
                 
                   Not
                   guilty
                
                 to
                 the
                 Felony
                 ,
                 because
                 thereby
                 hee
                 confesseth
                 the
                 Felony
                 by
                 implication
                 .
              
               
                 If
                 in
                 a
                 Praecipe
                 ,
                 the
                 Tenant
                 say
                 that
                 hee
                 is
                 Leasse
                 
                 for
                 life
                 ,
                 and
                 pray
                 in
                 ayde
                 ,
                 the
                 demaundant
                 saith
                 hee
                 hath
                 fee
                 ,
                 which
                 the
                 Tenant
                 denyeth
                 not
                 ,
                 and
                 therefore
                 he
                 is
                 owted
                 of
                 the
                 ayde
                 :
                 If
                 after
                 he
                 will
                 say
                 he
                 is
                 Tenant
                 for
                 tearme
                 of
                 life
                 ,
                 and
                 vouch
                 ,
                 he
                 shall
                 not
                 be
                 thereunto
                 receiued
                 .
              
               
                 These
                 Cases
                 with
                 many
                 other
                 may
                 bee
                 comprehended
                 vnder
                 the
                 generalitie
                 of
                 the
                 last
                 specified
                 Rule
                 ,
                 &
                 are
                 one
                 in
                 Reason
                 ,
                 not
                 vnder
                 one
                 immediate
                 Reason
                 ,
                 but
                 vnder
                 this
                 Reason
                 ,
                 
                   viz.
                   Home
                   ne
                   sera
                   admitt
                   a
                   Contradize
                   ceo
                   que
                   il
                   ad
                   confes
                   de
                   Recorde
                   .
                
              
               
                 Moreouer
                 there
                 is
                 another
                 Case
                 ,
                 one
                 in
                 effect
                 of
                 Reason
                 ,
                 with
                 the
                 former
                 proposed
                 Case
                 ,
                 which
                 because
                 it
                 is
                 neuerthelesse
                 ,
                 in
                 circumstance
                 more
                 generall
                 ,
                 therefore
                 it
                 cannot
                 be
                 comprehended
                 vnder
                 the
                 last
                 specified
                 Rule
                 ,
                 as
                 namely
                 .
              
               
                 If
                 a
                 man
                 bee
                 indicted
                 of
                 Trauers
                 ,
                 and
                 thereupon
                 
                 be
                 found
                 guiltie
                 by
                 verdict
                 at
                 the
                 suite
                 of
                 the
                 king
                 ;
                 If
                 after
                 ,
                 the
                 party
                 against
                 whom
                 the
                 Trauers
                 was
                 committed
                 ,
                 bring
                 action
                 for
                 the
                 same
                 Trauers
                 ;
                 the
                 other
                 shall
                 not
                 pleade
                 
                   Not
                   guiltie
                
                 thereunto
                 .
              
               
                 In
                 the
                 former
                 Grounds
                 ,
                 and
                 Cases
                 thereupon
                 ,
                 the
                 partie
                 was
                 concluded
                 by
                 an
                 implyed
                 confession
                 ;
                 but
                 in
                 this
                 last
                 Case
                 ,
                 he
                 is
                 conuinced
                 by
                 an
                 open
                 tryall
                 or
                 verdict
                 .
                 And
                 whosoeuer
                 will
                 comprehend
                 both
                 this
                 and
                 the
                 former
                 cases
                 vnder
                 one
                 Ground
                 or
                 Rule
                 ,
                 must
                 make
                 the
                 same
                 more
                 generall
                 then
                 the
                 former
                 ,
                 in
                 this
                 manner
                 .
              
               
                 
                   Home
                   ne
                   sera
                   permit
                   a
                   denier
                   tiel
                   offence
                   de
                   que
                   
                   il
                   poit
                   este
                   convince
                   per
                   matter
                   de
                   Record
                   .
                
              
               
                 And
                 forasmuch
                 as
                 a
                 man
                 may
                 be
                 conuinced
                 of
                 an
                 offence
                 as
                 well
                 by
                 confession
                 ,
                 as
                 by
                 verdict
                 ;
                 and
                 that
                 as
                 well
                 ,
                 by
                 implicature
                 confession
                 ,
                 as
                 by
                 expresse
                 confession
                 :
                 Therefore
                 euery
                 of
                 the
                 said
                 former
                 Cases
                 may
                 be
                 concluded
                 and
                 comprehended
                 vnder
                 the
                 amplenesse
                 of
                 this
                 last
                 remembred
                 Ground
                 .
              
               
                 A
                 speciall
                 Ground
                 may
                 bee
                 reduced
                 vnto
                 a
                 Rule
                 or
                 Proposition
                 generall
                 ,
                 by
                 seeking
                 the
                 Genus
                 or
                 generall
                 Notion
                 of
                 euery
                 Titling
                 word
                 found
                 in
                 the
                 said
                 speciall
                 Ground
                 ,
                 As
                 for
                 example
                 ,
                 the
                 said
                 Proposition
                 before
                 remembred
                 ,
                 and
                 which
                 hath
                 beene
                 exemplified
                 with
                 Cases
                 ,
                 was
                 this
                 .
              
               
                 
                   Home
                   ne
                   sera
                   permit
                   adenier
                   ceo
                   que
                   devant
                   il
                   ad
                   Confess
                   per
                   implication
                   de
                   Record
                   .
                
              
               
                 Vpon
                 the
                 word
                 
                   (
                   denier
                
                 )
                 it
                 may
                 be
                 drawne
                 more
                 generall
                 ,
                 thus
                 .
              
               
                 
                   Home
                   ne
                   sera
                   permit
                   de
                   Contrary
                   son
                   act
                   demesne
                   que
                   deuant
                   il
                   ad
                   conuz
                   .
                
              
               
                 A
                 more
                 generall
                 Reason
                 whereof
                 may
                 againe
                 bee
                 yeelded
                 ,
                 thus
                 .
              
               
                 
                   Seroit
                   inconuenient
                   que
                   le
                   ley
                   alloweroit
                   a
                   dize
                   ,
                   et
                   a
                   dedize
                   vne
                   mesme
                   chose
                   de
                   Record
                   .
                
              
               
                 Vpon
                 the
                 word
                 
                   (
                   Confession
                
                 )
                 these
                 Reasons
                 also
                 may
                 be
                 assigned
                 more
                 generall
                 then
                 that
                 first
                 ground
                 .
              
               
                 
                   Confession
                   de
                   vn
                   est
                   le
                   plus
                   pregnant
                   proofe
                   que
                   poit
                   este
                   encounter
                   luy
                   .
                
              
               
                 A
                 reason
                 hereof
                 :
                 For
                 ,
                 
                   Le
                   Confession
                   de
                   chacun
                   que
                   concerne
                   luy
                   mesme
                   sera
                   intendvray
                   .
                
                 For
                 ,
              
               
                 
                   Nul
                   conuoit
                   le
                   offence
                   melious
                   que
                   cesty
                   que
                   ad
                   ceo
                   comit
                   et
                   perpetrat
                   .
                
              
               
                 Vpon
                 the
                 word
                 
                   (
                   Implication
                
                 )
                 these
                 generall
                 Rules
                 may
                 be
                 proposed
                 .
              
               
               
                 
                   Confession
                   per
                   Implication
                   est
                   cy
                   sort
                   oncounter
                   le
                   Party
                   come
                   Confession
                   experss
                   .
                
                 For
                 ,
              
               
                 
                   Pregnant
                   Implication
                   est
                   equiualent
                   al
                   matter
                   express
                   .
                
              
               
                 Vpon
                 the
                 word
                 
                   (
                   Record
                
                 )
                 somewhat
                 likewise
                 may
                 be
                 said
                 of
                 like
                 effect
                 ;
                 viz.
                 thus
                 ;
              
               
                 
                   Matter
                   de
                   Record
                   que
                   est
                   grounded
                   sur
                   le
                   act
                   del
                   Party
                   mesme
                   luy
                   issint
                   liera
                   que
                   il
                   ne
                   contra
                   dira
                   ceo
                   apres
                   .
                
                 For
                 ,
              
               
                 
                   Le
                   credit
                   d'vn
                   Iudicial
                   act
                   ne
                   sera
                   impeach
                   per
                   ascun
                   que
                   est
                   privy
                   a
                   ceo
                   .
                
                 For
                 ,
              
               
                 
                   Matter
                   de
                   Record
                   est
                   plus
                   hault
                   testimony
                   in
                   ley
                   .
                
              
               
                 Vnder
                 the
                 word
                 
                   (
                   Fine
                
                 )
                 there
                 was
                 mentioned
                 this
                 Ground
                 or
                 Rule
                 .
              
               
                 
                   Fine
                   que
                   est
                   fait
                   pur
                   vn
                   offence
                   proue
                   home
                   culpable
                   del
                   offence
                   .
                
              
               
                 Here
                 hence
                 these
                 Propositions
                 being
                 more
                 generall
                 ,
                 may
                 be
                 deriued
                 .
              
               
                 
                   Nul
                   per
                   Common
                   presumption
                   voit
                   faire
                   voluntarie
                   fine
                   pur
                   le
                   offence
                   de
                   quel
                   il
                   nest
                   Culpable
                   .
                
              
               
                 A
                 reason
                 whereof
                 may
                 be
                 thus
                 .
              
               
                 
                   Poena
                   culpam
                   implicat
                
                 .
                 And
                 
                   Le
                   Consequent
                   importa
                   son
                   Principal
                
                 .
              
               
                 Hereof
                 you
                 see
                 what
                 abundance
                 of
                 Rules
                 and
                 Propositions
                 one
                 Case
                 containeth
                 ;
                 and
                 that
                 we
                 may
                 descend
                 from
                 the
                 particular
                 case
                 ,
                 to
                 the
                 speciall
                 Reason
                 ,
                 from
                 that
                 to
                 a
                 more
                 generall
                 ,
                 vntill
                 we
                 finde
                 out
                 the
                 very
                 primarie
                 ground
                 of
                 naturall
                 Reason
                 ,
                 from
                 whence
                 all
                 the
                 other
                 are
                 deriued
                 .
              
               
                 Herein
                 this
                 Caution
                 is
                 to
                 bee
                 considered
                 and
                 had
                 in
                 minde
                 ,
                 that
                 in
                 collection
                 of
                 Grounds
                 and
                 Principles
                 out
                 of
                 any
                 proposed
                 Case
                 ,
                 the
                 same
                 may
                 bee
                 
                 Natiue
                 ,
                 and
                 alwaies
                 appliable
                 and
                 reduceable
                 to
                 the
                 immediate
                 Reason
                 of
                 the
                 said
                 Case
                 ,
                 so
                 that
                 in
                 any
                 occasion
                 of
                 Argument
                 ,
                 the
                 same
                 Case
                 may
                 be
                 a
                 pregnant
                 and
                 efficient
                 proofe
                 thereunto
                 .
              
               
                 Furthermore
                 collection
                 of
                 Propositions
                 may
                 bee
                 drawne
                 and
                 reduced
                 from
                 all
                 the
                 principall
                 places
                 of
                 Logicall
                 Inuention
                 .
              
               
                 1
                 As
                 from
                 the
                 Causes
                 vnto
                 the
                 Effect
                 .
              
               
                 2
                 And
                 contrariwise
                 from
                 the
                 Effects
                 vnto
                 their
                 Causes
                 .
              
               
                 3
                 So
                 likewise
                 from
                 the
                 Consequent
                 vnto
                 the
                 Antecedent
                 .
              
               
                 4
                 And
                 from
                 the
                 Antecedent
                 to
                 the
                 Consequent
                 .
              
               
                 5
                 Moreouer
                 a
                 Paris
                 as
                 from
                 the
                 Equall
                 or
                 Like
              
               
                 6
                 Amaiors
                 from
                 the
                 more
                 likely
                 vnto
                 that
                 which
                 is
                 lesse
                 probable
                 .
              
               
                 7
                 And
                 againe
                 ,
                 from
                 that
                 which
                 is
                 lesse
                 Likely
                 or
                 Probable
                 to
                 that
                 which
                 is
                 more
                 Probable
                 .
              
               
                 8
                 Finally
                 ,
                 from
                 the
                 Contrary
                 to
                 his
                 Contrarie
                 :
                 sith
                 that
                 
                   Eadem
                   est
                   ratio
                   &
                   proportio
                   Contrariorum
                   :
                
              
            
             
               
                 Notes
                 of
                 Authors
                 touching
                 the
                 obseruation
                 of
                 Collection
                 of
                 Grounds
                 &
                 Rules
                 by
                 Inference
                 .
              
               
                 THe
                 Reasons
                 and
                 Causes
                 wherefore
                 these
                 Propositions
                 ,
                 Rules
                 ,
                 and
                 Axioms
                 (
                 as
                 hath
                 beene
                 declared
                 first
                 in
                 manner
                 as
                 aforesaid
                 )
                 are
                 not
                 onely
                 to
                 be
                 considered
                 ,
                 obserued
                 and
                 collected
                 ,
                 but
                 alway
                 to
                 be
                 had
                 ,
                 and
                 carefully
                 to
                 be
                 kept
                 in
                 memorie
                 ,
                 And
                 the
                 end
                 and
                 scope
                 whereto
                 they
                 serue
                 and
                 tend
                 ,
                 will
                 manifestly
                 appeare
                 ,
                 as
                 well
                 by
                 the
                 Obseruation
                 
                 of
                 the
                 right
                 vse
                 of
                 them
                 ,
                 and
                 the
                 manifold
                 vtilitie
                 and
                 great
                 helpe
                 ,
                 which
                 riseth
                 by
                 the
                 daily
                 meditation
                 therein
                 ,
                 as
                 likewise
                 by
                 the
                 consideration
                 and
                 amendment
                 of
                 some
                 inconsiderate
                 abuses
                 which
                 haue
                 crept
                 into
                 the
                 daily
                 handling
                 of
                 them
                 ,
                 both
                 in
                 iudiciall
                 places
                 abroad
                 ,
                 and
                 in
                 priuate
                 exercises
                 at
                 home
                 .
              
               
                 The
                 necessary
                 vse
                 of
                 them
                 therefore
                 consisteth
                 in
                 two
                 parts
                 .
              
               
                 1
                 The
                 one
                 seruing
                 to
                 the
                 obtaining
                 of
                 the
                 knowledge
                 of
                 the
                 Law.
                 
              
               
                 2
                 The
                 other
                 in
                 vse
                 and
                 practise
                 of
                 the
                 Law
                 learned
                 by
                 these
                 Propositions
                 and
                 Rules
                 ,
                 reducing
                 them
                 ,
                 as
                 occasion
                 serueth
                 to
                 publique
                 and
                 priuate
                 behoofe
                 .
              
               
                 The
                 first
                 is
                 Speculatiue
                 .
              
               
                 This
                 last
                 Practique
                 .
              
               
                 As
                 touching
                 the
                 first
                 ,
                 the
                 profit
                 hence
                 springing
                 may
                 soone
                 be
                 seene
                 and
                 discouered
                 ,
                 if
                 we
                 call
                 to
                 our
                 memorie
                 ,
                 that
                 no
                 manner
                 facultie
                 whatsoeuer
                 to
                 bee
                 learned
                 by
                 the
                 the
                 light
                 of
                 Reason
                 ,
                 can
                 consist
                 or
                 be
                 comprehended
                 by
                 the
                 capacitie
                 of
                 mans
                 vnderstansting
                 ,
                 except
                 (
                 as
                 before
                 also
                 in
                 part
                 hath
                 appeared
                 )
                 it
                 be
                 furnished
                 with
                 certaine
                 Assertions
                 ,
                 Precepts
                 ,
                 Rules
                 ,
                 and
                 Propositions
                 ,
                 and
                 the
                 same
                 adorned
                 with
                 these
                 two
                 qualities
                 ,
                 Vniuersalitie
                 and
                 Veritie
                 .
                 And
                 as
                 none
                 may
                 worthily
                 take
                 vpon
                 him
                 the
                 name
                 of
                 a
                 Diuine
                 ,
                 which
                 is
                 ignorant
                 of
                 the
                 Principles
                 of
                 his
                 Science
                 ;
                 nor
                 any
                 man
                 may
                 well
                 arrogate
                 the
                 title
                 or
                 
                 name
                 of
                 a
                 Philosopher
                 or
                 Physitian
                 ,
                 who
                 knoweth
                 not
                 the
                 seuerall
                 Rules
                 ,
                 whereupon
                 ,
                 as
                 vpon
                 sundry
                 foundations
                 ,
                 the
                 said
                 seuerall
                 faculties
                 are
                 built
                 and
                 erected
                 ;
                 so
                 none
                 may
                 bee
                 deemed
                 a
                 Lawyer
                 ,
                 or
                 admitted
                 ,
                 or
                 can
                 giue
                 good
                 Aduise
                 therein
                 ,
                 which
                 
                 knoweth
                 not
                 the
                 Precepts
                 whereon
                 his
                 Art
                 dependeth
                 ;
                 or
                 hath
                 not
                 read
                 the
                 determination
                 of
                 former
                 doubts
                 left
                 reported
                 in
                 bookes
                 ,
                 being
                 the
                 greatest
                 part
                 of
                 the
                 written
                 Law
                 in
                 his
                 Land
                 ;
                 And
                 thence
                 ,
                 not
                 collected
                 Conclusions
                 for
                 the
                 decisions
                 of
                 present
                 and
                 future
                 controuersies
                 .
              
               
                 Moreouer
                 seeing
                 the
                 Law
                 of
                 this
                 Land
                 is
                 wholly
                 Rationall
                 (
                 as
                 hath
                 beene
                 said
                 )
                 wherein
                 ,
                 as
                 in
                 all
                 other
                 Sciences
                 ,
                 the
                 minde
                 of
                 man
                 holdeth
                 and
                 keepeth
                 the
                 former
                 published
                 proceeding
                 ,
                 by
                 apprehension
                 and
                 discourse
                 ,
                 collecting
                 Primarie
                 aud
                 Secondary
                 Conclusions
                 and
                 Grounds
                 ,
                 it
                 cannot
                 bee
                 otherwise
                 ,
                 but
                 that
                 the
                 obseruation
                 of
                 these
                 Primarie
                 and
                 Secondarie
                 Conclusions
                 ,
                 must
                 needs
                 bee
                 the
                 best
                 ,
                 most
                 approued
                 ,
                 profitable
                 and
                 speedie
                 meane
                 ,
                 for
                 the
                 attaining
                 of
                 the
                 right
                 ,
                 sound
                 ,
                 and
                 infallible
                 knowledge
                 of
                 the
                 said
                 Lawes
                 .
              
               
                 And
                 if
                 there
                 be
                 any
                 way
                 extant
                 ,
                 or
                 to
                 be
                 found
                 by
                 mans
                 wisedome
                 ,
                 to
                 purge
                 the
                 English
                 Lawes
                 ,
                 from
                 the
                 great
                 Confusions
                 ,
                 tedious
                 and
                 superfluous
                 iterations
                 ,
                 with
                 the
                 which
                 the
                 Reports
                 are
                 infested
                 ;
                 or
                 quit
                 it
                 of
                 these
                 manifold
                 contrarieties
                 ,
                 wherewith
                 it
                 is
                 so
                 greatly
                 ouercharged
                 ,
                 so
                 that
                 the
                 Coherencie
                 ,
                 constancie
                 ,
                 and
                 conformitie
                 thereof
                 ,
                 is
                 almost
                 vtterly
                 lost
                 ,
                 and
                 not
                 without
                 some
                 blemish
                 and
                 reproach
                 of
                 our
                 Nation
                 and
                 Common-wealth
                 ,
                 in
                 manner
                 cleane
                 abolished
                 ;
                 Surely
                 ,
                 as
                 to
                 mee
                 seemeth
                 ,
                 there
                 is
                 likelihood
                 by
                 that
                 way
                 and
                 meanes
                 to
                 bring
                 the
                 same
                 to
                 passe
                 ,
                 or
                 by
                 none
                 .
                 For
                 ,
                 by
                 Rules
                 and
                 Exceptions
                 ,
                 all
                 Sciences
                 are
                 and
                 haue
                 beene
                 published
                 ,
                 put
                 downe
                 and
                 deliuered
                 :
                 out
                 of
                 Rules
                 and
                 Exceptions
                 ,
                 a
                 method
                 is
                 framed
                 ,
                 by
                 which
                 meanes
                 men
                 may
                 view
                 a
                 
                 perfect
                 plot
                 of
                 the
                 coherence
                 of
                 things
                 :
                 Euen
                 as
                 in
                 a
                 large
                 spred
                 tree
                 ,
                 from
                 the
                 lowest
                 roote
                 to
                 the
                 highest
                 branche
                 ;
                 from
                 the
                 most
                 ample
                 and
                 highest
                 Generall
                 ,
                 by
                 many
                 degrees
                 of
                 discent
                 ,
                 as
                 in
                 a
                 Petigree
                 or
                 Genealogie
                 ,
                 to
                 the
                 lowest
                 speciall
                 and
                 particular
                 ;
                 which
                 are
                 combined
                 together
                 as
                 it
                 were
                 in
                 a
                 consanguinitie
                 of
                 bloud
                 and
                 concordancy
                 of
                 nature
                 .
              
               
                 And
                 yet
                 therewithall
                 perusing
                 the
                 particular
                 differences
                 and
                 degrees
                 of
                 distinction
                 betweene
                 them
                 ,
                 in
                 all
                 the
                 course
                 of
                 humane
                 studies
                 ,
                 there
                 is
                 none
                 that
                 doth
                 more
                 commend
                 vnto
                 our
                 cogitations
                 the
                 wonderfull
                 force
                 of
                 mans
                 wisedome
                 ,
                 then
                 doth
                 this
                 discourse
                 which
                 treateth
                 of
                 the
                 Principles
                 ,
                 Grounds
                 ,
                 Rules
                 ,
                 and
                 Originals
                 of
                 Law
                 and
                 Iustice
                 ,
                 being
                 the
                 chayne
                 of
                 humane
                 societie
                 ,
                 without
                 the
                 which
                 it
                 cannot
                 consist
                 ;
                 and
                 which
                 ,
                 besides
                 the
                 exceeding
                 pleasure
                 that
                 the
                 consideration
                 thereof
                 breedeth
                 in
                 the
                 well
                 affected
                 minde
                 ,
                 is
                 able
                 to
                 bring
                 vs
                 speedily
                 to
                 ripenesse
                 and
                 maturitie
                 in
                 that
                 profession
                 .
                 For
                 ,
                 
                   Principium
                   est
                   dimidium
                   totius
                
                 ,
                 saith
                 Aristotle
                 .
              
               
                 Short
                 refined
                 reasons
                 of
                 long
                 perplexed
                 Cases
                 ,
                 doe
                 ,
                 through
                 their
                 soundnesse
                 ,
                 satisfie
                 our
                 iudgements
                 ,
                 through
                 their
                 breuity
                 and
                 shortnesse
                 ,
                 wonderfully
                 delight
                 the
                 minde
                 ,
                 through
                 their
                 pithinesse
                 ,
                 they
                 may
                 be
                 deemed
                 incomparable
                 treasures
                 ,
                 yeelding
                 a
                 great
                 shew
                 of
                 wit
                 ,
                 and
                 wonderfully
                 sharpening
                 our
                 vnderstanding
                 ,
                 of
                 infinite
                 vse
                 ,
                 in
                 all
                 humane
                 affaires
                 ,
                 containing
                 much
                 worth
                 in
                 few
                 words
                 ,
                 no
                 burthen
                 to
                 memorie
                 ,
                 but
                 once
                 obtained
                 ,
                 are
                 euer
                 retained
                 .
              
               
                 Sith
                 all
                 Sciences
                 doe
                 tend
                 to
                 Veritie
                 (
                 as
                 hath
                 beene
                 before
                 often
                 affirmed
                 ,
                 which
                 is
                 the
                 obiect
                 of
                 the
                 intellectuall
                 
                 part
                 of
                 our
                 minde
                 ;
                 And
                 sith
                 Verity
                 and
                 Truth
                 cannot
                 be
                 obtained
                 or
                 found
                 without
                 due
                 knowledge
                 of
                 the
                 causes
                 ;
                 
                   Tunc
                   enim
                
                 (
                 as
                 saith
                 the
                 Philosopher
                 )
                 
                   unum
                   quodque
                   scire
                   arbitramur
                   ,
                   cum
                   eius
                   causas
                   &
                   Principia
                   cognoscimus
                   .
                
                 And
                 not
                 vnfitly
                 said
                 the
                 Poet
                 ,
              
               
                 
                   Foelix
                   qui
                   potuit
                   rerum
                   cognoscere
                   causas
                   .
                
              
               
                 Then
                 must
                 the
                 right
                 and
                 due
                 obseruation
                 of
                 these
                 and
                 such
                 like
                 Principles
                 containing
                 the
                 Causes
                 of
                 things
                 ,
                 be
                 a
                 direction
                 to
                 conduct
                 and
                 leade
                 vs
                 to
                 the
                 knowledge
                 of
                 that
                 faculty
                 and
                 science
                 ,
                 whereof
                 they
                 are
                 Principles
                 .
                 For
                 from
                 hence
                 all
                 artificiall
                 Demonstrations
                 are
                 ,
                 and
                 haue
                 beene
                 drawne
                 and
                 deduced
                 .
              
               
                 To
                 adhere
                 therefore
                 and
                 wholly
                 to
                 respect
                 particular
                 cases
                 ,
                 without
                 any
                 observation
                 of
                 the
                 generall
                 Rules
                 and
                 Reasons
                 ,
                 and
                 to
                 charge
                 the
                 memory
                 with
                 infinite
                 singularities
                 ,
                 is
                 vtterly
                 to
                 confound
                 the
                 same
                 ;
                 a
                 labour
                 of
                 vnspeakable
                 toyle
                 ,
                 and
                 wherein
                 we
                 shall
                 neuer
                 free
                 vs
                 from
                 confusion
                 ;
                 but
                 engender
                 in
                 our selues
                 ,
                 that
                 wrong
                 opinion
                 which
                 many
                 haue
                 (
                 amisse
                 )
                 entertained
                 ,
                 that
                 there
                 is
                 nothing
                 certaine
                 in
                 our
                 Lawes
                 .
              
               
                 Finally
                 ,
                 if
                 the
                 Law
                 be
                 euery
                 mans
                 inheritance
                 borne
                 vnder
                 the
                 same
                 ,
                 as
                 notably
                 (
                 besides
                 our
                 owne
                 Lawes
                 )
                 saith
                 the
                 Prince
                 of
                 Oratours
                 ,
                 
                   Tully
                   :
                   Maior
                
                 
                 
                   haereditas
                   venit
                   unicuique
                   nostrum
                   à
                   iure
                   et
                   legibus
                   ,
                   quàm
                   ab
                   ijs
                   à
                   quibus
                   illa
                   bona
                   relicta
                   sunt
                   .
                   Nam
                   ut
                   perveniat
                   ad
                   nos
                   fundus
                   ,
                   testamento
                   alicuius
                   fieri
                   potest
                   :
                   ut
                   retineamus
                   quod
                   nostrum
                   factum
                   est
                   ,
                   sine
                   iure
                   civili
                   fieri
                   non
                   potest
                   .
                
                 And
                 all
                 mens
                 inheritance
                 should
                 be
                 certaine
                 both
                 for
                 the
                 priuate
                 repose
                 of
                 the
                 
                 people
                 ,
                 and
                 publique
                 good
                 and
                 quiet
                 of
                 the
                 Common
                 wealth
                 .
                 Wee
                 must
                 needs
                 thinke
                 the
                 Law
                 of
                 this
                 Land
                 full
                 of
                 defect
                 ,
                 except
                 we
                 thinke
                 and
                 deeme
                 it
                 to
                 be
                 (
                 as
                 indeed
                 it
                 is
                 )
                 certaine
                 .
              
               
                 Who
                 then
                 can
                 ,
                 without
                 the
                 consideration
                 of
                 these
                 vniuersall
                 Maximes
                 ,
                 Propositions
                 ,
                 Rules
                 ,
                 and
                 Principles
                 ,
                 wherein
                 certainty
                 is
                 alone
                 conteined
                 ,
                 attaine
                 vnto
                 the
                 certaine
                 knowledge
                 thereof
                 ?
                 for
                 as
                 it
                 hath
                 beene
                 truly
                 published
                 ;
                 
                   Principiorum
                   est
                   unumquodque
                   sibi
                   ipsi
                   fides
                
                 ;
                 Insomuch
                 that
                 
                   cum
                   negantibus
                   ea
                   ,
                   non
                   est
                   dsputandum
                   .
                
                 10.
                 
                 Eliz.
                 271.
                 
                   a.
                   Dyer
                
                 ,
                 26.
                 
              
               
                 Hitherto
                 hath
                 beene
                 spoken
                 what
                 profit
                 the
                 carefull
                 consideration
                 aud
                 obseruation
                 of
                 Principles
                 ,
                 Rules
                 ,
                 and
                 Maximes
                 of
                 the
                 Law
                 of
                 this
                 Realme
                 doth
                 giue
                 vs
                 ,
                 and
                 what
                 assistance
                 we
                 may
                 finde
                 therein
                 toward
                 the
                 study
                 and
                 speculation
                 of
                 the
                 same
                 .
                 It
                 resteth
                 therefore
                 now
                 ,
                 that
                 somewhat
                 be
                 said
                 of
                 the
                 commodity
                 which
                 may
                 come
                 to
                 him
                 ,
                 that
                 shall
                 mannage
                 and
                 practise
                 the
                 same
                 Lawes
                 ,
                 and
                 to
                 what
                 vse
                 this
                 obseruation
                 therein
                 likewise
                 serueth
                 .
              
               
                 Two
                 kindes
                 of
                 Arguments
                 are
                 noted
                 by
                 Morgan
                 .
              
               
                 
                   Ily
                   sont
                   deux
                   principall
                   choses
                   sur
                   que
                   Arguments
                
                 
                 
                   poient
                   este
                   fait
                   S.
                   nostre
                   Maximes
                   ,
                   &
                   reason
                   ,
                   la
                   Mere
                   de
                   touts
                   Leyes
                   &c.
                   
                
                 I
                 thinke
                 by
                 the
                 later
                 of
                 these
                 ,
                 the
                 vse
                 of
                 Argumentation
                 vpon
                 reasons
                 drawne
                 from
                 the
                 Logicall
                 places
                 of
                 invention
                 ,
                 are
                 to
                 bee
                 vnderstood
                 ;
                 As
                 namely
                 to
                 argue
                 and
                 reason
                 in
                 cases
                 of
                 debate
                 ,
                 from
                 the
                 causes
                 ,
                 effects
                 ,
                 parts
                 ,
                 consequents
                 ,
                 mischiefes
                 ,
                 and
                 inconueniences
                 and
                 such
                 like
                 ;
                 which
                 aptly
                 may
                 be
                 called
                 naturall
                 reason
                 ,
                 because
                 all
                 Art
                 therein
                 obserued
                 ,
                 is
                 but
                 the
                 imitation
                 of
                 nature
                 :
                 which
                 kinde
                 or
                 course
                 of
                 Argument
                 ,
                 is
                 much
                 vsed
                 
                 in
                 ancient
                 bookes
                 ,
                 when
                 as
                 there
                 were
                 fewest
                 bookes
                 of
                 reports
                 extant
                 .
              
               
                 But
                 by
                 the
                 former
                 of
                 these
                 two
                 specified
                 kindes
                 of
                 Arguments
                 ,
                 is
                 meant
                 as
                 manifestly
                 appeareth
                 ,
                 the
                 helpe
                 ,
                 Grounds
                 ,
                 and
                 Maximes
                 doe
                 yeeld
                 in
                 that
                 kinde
                 .
                 For
                 the
                 vnderstanding
                 therefore
                 of
                 the
                 right
                 vse
                 thereof
                 ,
                 it
                 behooueth
                 to
                 consider
                 ,
                 that
                 the
                 same
                 wholly
                 doth
                 consili
                 in
                 the
                 apt
                 and
                 convenient
                 application
                 of
                 the
                 said
                 Rules
                 ,
                 vnto
                 such
                 particular
                 cases
                 daily
                 falling
                 in
                 debate
                 ,
                 as
                 may
                 be
                 comprehended
                 vnder
                 the
                 generallity
                 of
                 the
                 same
                 Rules
                 ,
                 and
                 may
                 in
                 euery
                 respect
                 berightly
                 reduced
                 thereunto
                 ;
                 so
                 that
                 the
                 Rule
                 might
                 serue
                 as
                 a
                 well-grounded
                 reason
                 of
                 the
                 matter
                 called
                 in
                 question
                 .
              
               
                 To
                 this
                 effect
                 the
                 Author
                 of
                 the
                 Dialogues
                 betweene
                 the
                 Doctor
                 and
                 Student
                 ,
                 after
                 hee
                 had
                 at
                 large
                 spoken
                 of
                 the
                 credit
                 and
                 supposed
                 certainty
                 of
                 a
                 Principle
                 or
                 Maxime
                 of
                 the
                 Lawes
                 of
                 this
                 Land
                 ,
                 addeth
                 further
                 that
                 such
                 Maximes
                 be
                 not
                 onely
                 holden
                 for
                 Law
                 ,
                 but
                 also
                 other
                 cases
                 like
                 vnto
                 them
                 ,
                 and
                 all
                 things
                 ,
                 that
                 necessariy
                 follow
                 vpon
                 the
                 same
                 ,
                 are
                 to
                 be
                 reduced
                 to
                 the
                 like
                 Law.
                 
              
               
                 A
                 second
                 vse
                 of
                 the
                 obseruation
                 of
                 Principles
                 in
                 
                 Argumentation
                 may
                 be
                 this
                 .
              
               
                 Wee
                 are
                 taught
                 (
                 as
                 saith
                 Aristotle
                 )
                 and
                 as
                 likewise
                 hath
                 afore
                 beene
                 remembred
                 ,
                 by
                 the
                 election
                 of
                 Principles
                 to
                 abound
                 in
                 matter
                 fit
                 for
                 Argumentation
                 .
                 Our
                 propositions
                 may
                 be
                 framed
                 as
                 parts
                 of
                 Syllogisme
                 ,
                 or
                 as
                 antecedent
                 Propositions
                 of
                 Enthymemes
                 ,
                 by
                 which
                 forme
                 of
                 Arguments
                 ,
                 this
                 profit
                 and
                 commodity
                 is
                 reaped
                 ,
                 that
                 he
                 which
                 rightly
                 useth
                 the
                 same
                 ,
                 in
                 proofe
                 or
                 disproofe
                 of
                 any
                 proposed
                 
                 matter
                 shall
                 not
                 need
                 to
                 fall
                 into
                 any
                 unnecessary
                 and
                 extravagant
                 matter
                 ,
                 or
                 digresse
                 from
                 the
                 point
                 that
                 hehath
                 in
                 hand
                 .
                 For
                 if
                 the
                 parts
                 of
                 our
                 argument
                 so
                 to
                 be
                 concluded
                 ,
                 doe
                 consist
                 of
                 Propositions
                 which
                 are
                 Principles
                 in
                 Law
                 ,
                 and
                 be
                 in
                 due
                 and
                 expedient
                 manner
                 framed
                 and
                 combined
                 together
                 ,
                 the
                 Conclusion
                 ,
                 which
                 is
                 the
                 point
                 in
                 question
                 ,
                 will
                 follow
                 ,
                 either
                 necessarily
                 or
                 probably
                 ,
                 according
                 to
                 the
                 truth
                 of
                 the
                 said
                 Propositions
                 ,
                 for
                 as
                 we
                 haue
                 before
                 shewed
                 ,
                 that
                 by
                 reducing
                 a
                 case
                 to
                 a
                 Syllogisme
                 ,
                 we
                 might
                 finde
                 some
                 of
                 the
                 principall
                 Reasons
                 and
                 Propositions
                 ,
                 whereupon
                 the
                 verity
                 of
                 the
                 said
                 case
                 ,
                 being
                 the
                 conclusion
                 ,
                 dependeth
                 ;
                 as
                 trying
                 out
                 the
                 cause
                 by
                 the
                 effect
                 :
                 So
                 of
                 the
                 contrary
                 part
                 ,
                 to
                 frame
                 the
                 effect
                 by
                 the
                 cause
                 ;
                 the
                 same
                 Propositions
                 will
                 ,
                 as
                 they
                 confirme
                 one
                 case
                 ,
                 so
                 likewise
                 establish
                 all
                 other
                 speciall
                 cases
                 ,
                 which
                 shall
                 happen
                 to
                 concurre
                 in
                 equall
                 and
                 like
                 reason
                 ,
                 or
                 be
                 reducible
                 to
                 ,
                 or
                 vnder
                 ,
                 the
                 generallity
                 of
                 the
                 said
                 Proposition
                 .
              
               
                 And
                 although
                 the
                 Lawyer
                 be
                 not
                 tyed
                 to
                 this
                 short
                 course
                 of
                 Argument
                 current
                 in
                 schooles
                 ,
                 yet
                 in
                 whatsoeuer
                 large
                 discourse
                 of
                 Argument
                 ,
                 if
                 this
                 forme
                 be
                 respected
                 ,
                 though
                 amplified
                 and
                 enlarged
                 with
                 Prosyllogismes
                 ,
                 after
                 the
                 manner
                 of
                 Rhetoritians
                 or
                 Oratours
                 ,
                 it
                 will
                 yeeld
                 the
                 fruit
                 aforce
                 remembred
                 .
                 There
                 are
                 in
                 our
                 books
                 extant
                 of
                 both
                 ,
                 as
                 namely
                 ,
                 by
                 Conisby
                 ,
                 to
                 prooue
                 that
                 a
                 man
                 might
                 grant
                 his
                 lease
                 for
                 yeares
                 without
                 Deed
                 ,
                 vseth
                 this
                 plaine
                 and
                 expresse
                 Syllogisme
                 ;
                 whereof
                 euery
                 Proposition
                 being
                 a
                 Ground
                 and
                 Principle
                 in
                 the
                 Law
                 ,
                 the
                 conclusion
                 
                 necessarily
                 doth
                 follow
                 .
              
               
                 1
                 
                   Maior
                   )
                   Chose
                   que
                   ico
                   poy
                   prender
                   in
                   lease
                   sans
                   
                   fait
                   poiet
                   passer
                   hors
                   de
                   moy
                   sans
                   fait
                   .
                
              
               
                 2
                 
                   Minor
                   )
                   Et
                   un
                   lease
                   de
                   terre
                   pur
                   terme
                   d'anus
                   est
                   bon
                   sans
                   fait
                   .
                
              
               
                 3
                 
                   Conclusio
                   )
                   Ergo
                   per
                   mesme
                   le
                   reason
                   il
                   poit
                   passer
                   hors
                   del
                   Lessee
                   ,
                   &
                   ceo
                   sans
                   fait
                   .
                
              
               
                 Likewise
                 a
                 question
                 grew
                 whether
                 the
                 heire
                 or
                 executor
                 were
                 to
                 haue
                 a
                 furnace
                 fixed
                 vnto
                 the
                 soyle
                 ,
                 
                 or
                 such
                 chattells
                 as
                 were
                 annexed
                 to
                 the
                 freehold
                 after
                 the
                 death
                 of
                 the
                 Testator
                 ,
                 or
                 no
                 ;
                 where
                 the
                 Reporter
                 putteth
                 downe
                 the
                 opinion
                 of
                 Reede
                 chiefe
                 Iustice
                 ,
                 Fisher
                 ,
                 and
                 Kingsmill
                 ,
                 that
                 the
                 executors
                 should
                 not
                 haue
                 the
                 same
                 vnder
                 the
                 frame
                 of
                 this
                 forme
                 of
                 Syllogisme
                 ;
                 whereof
                 euery
                 Proposition
                 is
                 a
                 Rule
                 of
                 Law.
                 
              
               
                 1
                 
                   Maior
                   )
                   Ceux
                   choses
                   que
                   ne
                   poient
                   este
                   forfeit
                   per
                   vtlary
                   in
                   personall
                   action
                   ,
                   ne
                   este
                   attache
                   in
                   Assise
                   ne
                   distraine
                   per
                   le
                   signor
                   pur
                   Rent
                   ,
                   tiels
                   choses
                   executours
                   naveront
                   .
                
              
               
                 2
                 
                   Minor
                   )
                   Mes
                   un
                   furnace
                   ou
                   table
                   fix
                   sur
                   la
                   terre
                   ,
                   ou
                   posses
                   ,
                   ou
                   un
                   pale
                   ,
                   ou
                   un
                   couering
                   de
                   un
                   lict
                   merisme
                   ,
                   ou
                   bord
                   annex
                   al
                   franktenant
                   ,
                   ou
                   house
                   &
                   fenesters
                   ,
                   &
                   auters
                   tiels
                   semblables
                   queux
                   sont
                   annex
                   al
                   franktenement
                   ,
                   &
                   sont
                   fait
                   ,
                   pur
                   un
                   profit
                   del
                   inheritance
                   ,
                   ne
                   poient
                   este
                   forfeit
                   per
                   utlary
                   ,
                   ne
                   attache
                   ,
                   ne
                   distraine
                   .
                
              
               
                 3
                 
                   Conclusio
                   )
                   Ex
                   consequenti
                   sequitur
                   que
                   executours
                   naveront
                   tiels
                   choses
                   .
                
              
               
                 As
                 touching
                 the
                 second
                 sort
                 of
                 Argument
                 by
                 Syllogisme
                 ,
                 in
                 the
                 Commentaries
                 of
                 Plowden
                 the
                 same
                 is
                 very
                 frequent
                 and
                 usuall
                 .
                 And
                 herein
                 to
                 take
                 example
                 out
                 of
                 the
                 first
                 case
                 ,
                 because
                 it
                 first
                 commeth
                 to
                 memory
                 ,
                 All
                 the
                 said
                 Argument
                 of
                 Griffith
                 in
                 the
                 
                 case
                 of
                 Foggosa
                 ,
                 may
                 be
                 reduced
                 into
                 this
                 Syllogisme
                 set
                 forth
                 in
                 the
                 entrance
                 thereof
                 .
              
               
                 
                   Maior
                   )
                   Chascun
                   agreement
                   covient
                   este
                   perfect
                   ,
                   plein
                   &
                   compleite
                   .
                
              
               
                 
                   Minor
                   )
                   Et
                   le
                   evidence
                   icy
                   ne
                   proue
                   le
                   agreement
                   deste
                   perfect
                   ,
                   ne
                   plain
                   ,
                   ne
                   compleite
                   ,
                   mes
                   plus
                   tost
                   un
                   Communication
                   ou
                   parlance
                   que
                   un
                   agreement
                   .
                
              
               
                 The
                 conclusion
                 is
                 suppressed
                 for
                 that
                 it
                 apparently
                 followeth
                 of
                 the
                 premises
                 ,
                 vntill
                 the
                 end
                 of
                 the
                 argument
                 ;
                 where
                 at
                 last
                 it
                 is
                 expressed
                 in
                 this
                 manner
                 .
              
               
                 
                   Conclusio
                   )
                   Et
                   issint
                   le
                   agreement
                   est
                   imperfect
                   a
                   doner
                   action
                   pur
                   le
                   subsedy
                   per
                   que
                   le
                   agreement
                   intend
                   per
                   le
                   statute
                   nest
                   accomply
                   .
                
              
               
                 The
                 Maior
                 Proposition
                 is
                 amplified
                 with
                 this
                 Prosyllogisme
                 .
              
               
                 
                   Car
                   agreement
                   concernant
                   personall
                   choses
                   ,
                   est
                   un
                   mutuall
                   assent
                   des
                   parties
                   ,
                   &
                   doit
                   este
                   execute
                   oue
                   un
                   recompence
                   ,
                   ou
                   auterment
                   doit
                   este
                   cy
                   certaine
                   &
                   sufficient
                   que
                   doit
                   doner
                   action
                   ,
                   ou
                   auter
                   remedy
                   pur
                   recompence
                   ,
                   &
                   sil
                   issent
                   nest
                   ,
                   donquene
                   sera
                   dit
                   agreement
                   mes
                   plus
                   tost
                   un
                   nude
                   communication
                   .
                
              
               
                 And
                 this
                 Proposition
                 he
                 prooueth
                 by
                 the
                 cases
                 thereafter
                 by
                 him
                 alleaged
                 .
              
               
                 The
                 Minor
                 Proposition
                 of
                 the
                 first
                 Syllogisme
                 is
                 there
                 enlarged
                 where
                 he
                 further
                 addeth
                 .
              
               
                 
                   Et
                   issint
                   in
                   nostre
                   case
                   entant
                   que
                   estatute
                   de
                   an
                   .
                   1.
                   
                   Regis
                   nunc
                   ,
                   cap.
                   3.
                   &c.
                
                 vntill
                 the
                 end
                 of
                 the
                 case
                 .
              
               
                 The
                 like
                 may
                 be
                 obserued
                 in
                 euery
                 good
                 and
                 effectuall
                 argument
                 ;
                 but
                 we
                 stand
                 not
                 vpon
                 example
                 .
              
               
                 A
                 third
                 profit
                 may
                 be
                 considered
                 herein
                 :
                 for
                 manytimes
                 it
                 falleth
                 out
                 ,
                 that
                 we
                 perceiue
                 a
                 coherence
                 
                 and
                 likenesse
                 betweene
                 diuers
                 and
                 sundry
                 cases
                 ,
                 
                 which
                 therefore
                 wee
                 know
                 are
                 applyable
                 to
                 our
                 purpose
                 ;
                 and
                 yet
                 neuerthelesse
                 ,
                 except
                 we
                 draw
                 the
                 unity
                 of
                 reason
                 so
                 found
                 and
                 considered
                 in
                 the
                 said
                 cases
                 ,
                 vnto
                 a
                 short
                 sentence
                 ,
                 Ground
                 ,
                 Rule
                 ,
                 or
                 Proposition
                 ,
                 wherein
                 they
                 may
                 concurre
                 ,
                 and
                 do
                 agree
                 ;
                 we
                 shall
                 be
                 driuen
                 with
                 long
                 circumlocution
                 and
                 many
                 words
                 ,
                 to
                 make
                 manifest
                 our
                 meaning
                 in
                 the
                 allegation
                 of
                 the
                 same
                 ,
                 especially
                 if
                 the
                 cases
                 do
                 not
                 concurre
                 and
                 agree
                 in
                 one
                 mediate
                 reason
                 or
                 likenesse
                 ,
                 but
                 are
                 vpon
                 some
                 conformity
                 further
                 off
                 ,
                 to
                 be
                 resembled
                 each
                 to
                 other
                 .
                 As
                 for
                 example
                 .
              
               
                 
                   Le
                   Roy
                   ne
                   poit
                   arrest
                   un
                   home
                   de
                   suspition
                   de
                   treason
                
                 
                 
                   ou
                   felony
                   ,
                   luy
                   mesme
                   ,
                   come
                   un
                   subiect
                   poit
                   faire
                   ,
                   pur
                   ceo
                   que
                   si
                   il
                   fait
                   tort
                   in
                   ceo
                   feasant
                   ,
                   le
                   party
                   issint
                   iniury
                   ne
                   poit
                   auer
                   action
                   envers
                   luy
                   .
                
              
               
                 
                   Si
                   home
                   soit
                   in
                   debt
                   a
                   un
                   sur
                   contract
                   sans
                   specialty
                
                 ;
                 
                 
                   si
                   apres
                   cesty
                   a
                   que
                   le
                   dit
                   est
                   due
                   soit
                   vtlaye
                   in
                   action
                   personall
                   ,
                   le
                   Roy
                   naver
                   cest
                   dett
                   pur
                   l'utlary
                   a
                   luy
                   forfeit
                   ,
                   pur
                   ceo
                   que
                   donque
                   le
                   defendant
                   perderoit
                   le
                   benefit
                   del
                   ley
                   gager
                   que
                   il
                   poit
                   aver
                   in
                   sute
                   de
                   ceo
                   comence
                   vers
                   luy
                   per
                   le
                   Creditour
                   .
                
              
               
                 
                   Coment
                   que
                   lestatute
                   de
                   W.
                
                 2.
                 cap.
                 3.
                 
                   done
                   resceit
                
                 
                 
                   a
                   cesty
                   in
                   le
                   revercion
                   generalment
                   uncore
                   si
                   le
                   Tenant
                   pur
                   vie
                   soit
                   ,
                   ou
                   le
                   Roy
                   ad
                   le
                   revercion
                   ;
                   &
                   il
                   estant
                   implede
                   fúit
                   default
                   a
                   pres
                   default
                   ,
                   le
                   Roy
                   ne
                   sera
                   receiue
                   come
                   common
                   person
                   seroit
                   .
                   Car
                   ,
                   sur
                   le
                   resceit
                   ,
                   le
                   demandant
                   doit
                   connter
                   vers
                   cesty
                   que
                   est
                   receiue
                   ,
                   Mes
                   issent
                   ne
                   poit
                   a
                   scun
                   counter
                   vers
                   le
                   Roy
                   ,
                   ne
                   luy
                   suer
                   ,
                   mes
                   per
                   petition
                   ;
                   Et
                   pur
                   ceo
                   ,
                   si
                   le
                   Roy
                   seroit
                   resceiue
                   le
                   breve
                   ,
                   le
                   demandant
                   abateroit
                   maintenant
                   ,
                   et
                   pur
                   cest
                   mischiefe
                   ,
                   al
                   demandant
                   le
                   Roy
                   ne
                   sera
                   resceiue
                   :
                   mes
                   son
                   droit
                   sera
                   sabe
                   per
                   auter
                   meane
                   .
                
              
               
               
                 These
                 three
                 cases
                 greatly
                 doe
                 differ
                 both
                 in
                 the
                 circumstance
                 of
                 matter
                 ,
                 &
                 in
                 the
                 immediate
                 reasons
                 ,
                 and
                 yet
                 neuerthelesse
                 haue
                 some
                 resemblance
                 ,
                 and
                 a
                 kinde
                 of
                 conformitie
                 and
                 likenesse
                 ,
                 betweene
                 them
                 each
                 to
                 other
                 .
              
               
                 1
                 First
                 they
                 all
                 concerne
                 the
                 King.
                 
              
               
                 2
                 Secondly
                 the
                 King
                 in
                 euery
                 of
                 them
                 is
                 restrained
                 from
                 that
                 power
                 or
                 benefit
                 that
                 his
                 subiect
                 hath
                 .
                 For
              
               
                 1
                 In
                 the
                 first
                 ,
                 he
                 cannot
                 arrest
                 one
                 as
                 his
                 subiect
                 may
                 .
              
               
                 2
                 In
                 the
                 second
                 he
                 shall
                 lose
                 that
                 debt
                 which
                 his
                 subiect
                 ,
                 in
                 whose
                 right
                 hee
                 claimeth
                 it
                 ,
                 shoud
                 recouer
                 .
              
               
                 3
                 In
                 the
                 third
                 he
                 shall
                 not
                 be
                 receiued
                 where
                 the
                 subiect
                 might
                 .
              
               
                 And
                 lastly
                 in
                 euery
                 of
                 these
                 cases
                 ,
                 if
                 the
                 King
                 should
                 bee
                 admitted
                 to
                 doe
                 as
                 a
                 common
                 person
                 might
                 ,
                 the
                 subiect
                 in
                 suite
                 with
                 him
                 should
                 sustaine
                 great
                 preiudice
                 .
                 For
              
               
                 1
                 In
                 the
                 first
                 he
                 should
                 not
                 be
                 permitted
                 to
                 punish
                 the
                 iniury
                 done
                 to
                 his
                 person
                 .
              
               
                 2
                 In
                 the
                 second
                 he
                 should
                 lose
                 the
                 benefit
                 of
                 waging
                 his
                 Law.
                 And
              
               
                 3
                 In
                 the
                 third
                 and
                 last
                 haue
                 his
                 Action
                 debated
                 without
                 his
                 default
                 .
              
               
                 The
                 likenesse
                 of
                 which
                 cases
                 cannot
                 so
                 well
                 bee
                 conceiued
                 without
                 many
                 words
                 ,
                 except
                 wee
                 reduce
                 vnto
                 some
                 generall
                 Axiome
                 the
                 vnity
                 and
                 resemblance
                 of
                 reason
                 found
                 in
                 them
                 .
                 And
                 therefore
                 this
                 Proposition
                 without
                 more
                 might
                 haue
                 sufficed
                 for
                 all
                 .
              
               
               
                 Where
                 the
                 subiect
                 by
                 reason
                 of
                 some
                 Prerogatiue
                 that
                 is
                 in
                 the
                 King
                 ,
                 should
                 otherwise
                 be
                 put
                 to
                 a
                 preiudice
                 ;
                 there
                 the
                 king
                 shall
                 not
                 be
                 allowed
                 that
                 benefit
                 which
                 euery
                 of
                 his
                 subiects
                 by
                 law
                 enjoyeth
                 .
              
               
                 In
                 which
                 generall
                 Axiome
                 or
                 Rule
                 ,
                 a
                 generall
                 reason
                 of
                 all
                 the
                 said
                 seuerall
                 Cases
                 doth
                 equally
                 concur
                 .
              
               
                 By
                 this
                 obseruation
                 wee
                 may
                 reape
                 likewise
                 a
                 
                 fourth
                 commoditie
                 ,
                 after
                 this
                 manner
                 .
                 All
                 the
                 Reports
                 doe
                 consist
                 of
                 particular
                 Cases
                 Euery
                 particular
                 Case
                 hath
                 his
                 seuerall
                 Circumstance
                 .
                 Circumstances
                 are
                 singular
                 ,
                 and
                 hardly
                 retained
                 in
                 memorie
                 .
                 For
                 ,
                 true
                 is
                 that
                 sentence
                 ,
                 which
                 Bracton
                 hath
                 borrowed
                 
                 out
                 of
                 the
                 Ciuill
                 Law
                 ,
                 
                   Omnia
                   habere
                   in
                   memoria
                   ,
                   ct
                   in
                   nulio
                   errare
                   ,
                   diuinum
                   est
                   potius
                   quam
                   humanum
                   .
                
                 Wherefore
                 when
                 the
                 Case
                 is
                 out
                 of
                 memorie
                 ,
                 and
                 the
                 circumstances
                 thereof
                 quite
                 forgot
                 ,
                 the
                 Reason
                 yet
                 remaineth
                 ,
                 and
                 is
                 had
                 in
                 memorie
                 .
                 For
                 ,
                 
                   Memoria
                   Intellectiua
                   est
                   vniuersalium
                   ,
                   vt
                   est
                   ipsemet
                   Intellectus
                   .
                
              
               
                 It
                 is
                 not
                 the
                 Case
                 ruled
                 this
                 way
                 ,
                 nor
                 that
                 way
                 but
                 the
                 reason
                 which
                 maketh
                 Law
                 ;
                 For
                 ,
                 
                   Non
                   quid
                   sit
                   intelligere
                
                 
                 
                   sufficiat
                   ,
                   sed
                   cursit
                   diligentius
                   inquiratur
                   .
                
                 So
                 that
                 hee
                 which
                 by
                 obseruation
                 of
                 these
                 Grounds
                 and
                 Principles
                 ,
                 remembreth
                 but
                 the
                 reason
                 (
                 as
                 he
                 easily
                 may
                 )
                 shall
                 so
                 sufficiently
                 resolue
                 all
                 doubts
                 of
                 like
                 degree
                 ,
                 as
                 if
                 hee
                 had
                 remembred
                 the
                 expresse
                 Cases
                 from
                 which
                 the
                 same
                 Reason
                 is
                 deduced
                 .
                 Although
                 in
                 argument
                 ,
                 I
                 confesse
                 not
                 onely
                 the
                 Generall
                 Reasons
                 ,
                 but
                 likewise
                 the
                 speciall
                 Cases
                 are
                 as
                 proofes
                 produced
                 and
                 alleadged
                 .
              
               
                 Lastly
                 ,
                 sith
                 the
                 chosen
                 and
                 collected
                 Propositions
                 
                 and
                 Principles
                 in
                 manner
                 as
                 aforesaid
                 ,
                 for
                 our
                 better
                 
                 vse
                 behooueth
                 to
                 be
                 committed
                 to
                 writing
                 ;
                 we
                 may
                 easily
                 without
                 great
                 trouble
                 ,
                 by
                 disposing
                 of
                 them
                 orderly
                 ,
                 frame
                 a
                 Directory
                 ,
                 in
                 manner
                 either
                 of
                 a
                 methodicall
                 Treause
                 ,
                 or
                 of
                 an
                 Alphabeticall
                 Table
                 ,
                 fit
                 and
                 conuement
                 both
                 for
                 the
                 speedie
                 finding
                 of
                 that
                 wee
                 would
                 seeke
                 ,
                 and
                 the
                 ready
                 hauing
                 of
                 that
                 we
                 can
                 wish
                 for
                 ,
                 surpassing
                 the
                 benefit
                 of
                 any
                 Abridgement
                 hereto
                 fore
                 extant
                 .
              
               
                 And
                 thus
                 much
                 touching
                 the
                 commodities
                 growing
                 by
                 the
                 consideration
                 and
                 collection
                 of
                 Principles
                 ,
                 Rules
                 ,
                 Axiomes
                 ,
                 Grounds
                 ,
                 and
                 Maximes
                 :
                 and
                 of
                 the
                 scope
                 and
                 end
                 whereunto
                 they
                 tend
                 in
                 managing
                 of
                 our
                 Lawes
                 ,
                 as
                 well
                 for
                 the
                 behoofe
                 of
                 the
                 Student
                 ,
                 and
                 for
                 the
                 vse
                 of
                 the
                 Practiser
                 .
                 And
                 now
                 remaineth
                 that
                 a
                 few
                 words
                 be
                 said
                 to
                 forewarne
                 both
                 ,
                 of
                 certaine
                 abuses
                 ordinarily
                 bred
                 herein
                 .
              
               
                 1
                 The
                 first
                 Abuse
                 is
                 ,
                 that
                 neither
                 the
                 Ground
                 often
                 times
                 produced
                 doth
                 come
                 neere
                 the
                 Reason
                 of
                 the
                 Case
                 ,
                 in
                 question
                 ;
                 nor
                 the
                 Cases
                 alleadged
                 to
                 proue
                 and
                 fortifie
                 that
                 Ground
                 ,
                 doe
                 directly
                 confirme
                 the
                 same
                 .
                 A
                 fault
                 very
                 vsuall
                 in
                 publique
                 exercises
                 ;
                 and
                 may
                 be
                 redressed
                 if
                 we
                 doe
                 call
                 to
                 minde
                 that
                 any
                 Case
                 alleadged
                 ought
                 not
                 to
                 be
                 wrested
                 to
                 proue
                 the
                 Rule
                 or
                 Ground
                 alleadged
                 ;
                 but
                 the
                 Rule
                 ,
                 Ground
                 ,
                 or
                 Principle
                 ought
                 to
                 be
                 the
                 very
                 immediate
                 or
                 secondarie
                 reason
                 of
                 the
                 Cases
                 whence
                 ,
                 it
                 is
                 drawne
                 ,
                 and
                 which
                 Cases
                 are
                 brought
                 to
                 confirme
                 the
                 same
                 ,
                 in
                 such
                 sort
                 that
                 all
                 the
                 Cases
                 alleadged
                 doe
                 concurre
                 in
                 equalitie
                 of
                 reason
                 ,
                 likenesse
                 ,
                 and
                 proportion
                 ;
                 and
                 in
                 full
                 proofe
                 of
                 the
                 Principle
                 so
                 produced
                 .
                 And
                 that
                 the
                 Ground
                 or
                 Principle
                 bee
                 a
                 reason
                 of
                 the
                 question
                 in
                 variance
                 ,
                 to
                 subuert
                 or
                 confirme
                 the
                 
                 same
                 .
                 Wherein
                 also
                 let
                 this
                 be
                 weighed
                 ,
                 that
                 a
                 few
                 Principles
                 cannot
                 sufficiently
                 serue
                 to
                 supplie
                 all
                 occasions
                 in
                 that
                 behalfe
                 ,
                 but
                 the
                 same
                 must
                 be
                 drawne
                 and
                 deduced
                 of
                 all
                 Causes
                 ,
                 Titles
                 ,
                 and
                 matters
                 in
                 the
                 Law
                 fit
                 for
                 argument
                 and
                 ves
                 .
              
               
                 2
                 A
                 second
                 principall
                 ouersight
                 is
                 this
                 .
                 Many
                 to
                 proue
                 their
                 opinion
                 in
                 the
                 controuersie
                 proposed
                 ,
                 frame
                 their
                 reason
                 rightly
                 from
                 some
                 notable
                 Ground
                 ,
                 and
                 knowne
                 Principle
                 or
                 Rule
                 ,
                 which
                 though
                 it
                 bee
                 well
                 applyed
                 ,
                 yet
                 not
                 regarding
                 the
                 manifold
                 Exceptions
                 whereunto
                 the
                 same
                 Principle
                 is
                 subiect
                 ,
                 they
                 doe
                 set
                 it
                 forth
                 so
                 generall
                 ,
                 that
                 it
                 giueth
                 their
                 aduersarie
                 some
                 cause
                 of
                 challenge
                 and
                 cauill
                 thereunto
                 ,
                 by
                 obiecting
                 some
                 instance
                 or
                 cases
                 vpon
                 exception
                 of
                 the
                 said
                 Rule
                 :
                 and
                 thereby
                 doth
                 not
                 onely
                 seeme
                 to
                 enfeeble
                 the
                 same
                 ,
                 in
                 shewing
                 the
                 fallacies
                 thereof
                 ;
                 but
                 sometime
                 in
                 shew
                 ,
                 weakeneth
                 the
                 whole
                 reason
                 and
                 argument
                 grounded
                 thereupon
                 .
              
               
                 3
                 The
                 third
                 abuse
                 of
                 these
                 Principles
                 or
                 Propositions
                 ,
                 is
                 ,
                 in
                 the
                 two
                 much
                 frequenting
                 and
                 often
                 needlesse
                 vse
                 of
                 them
                 .
                 For
                 sometimes
                 the
                 obscuritie
                 of
                 the
                 Cause
                 ,
                 may
                 require
                 some
                 other
                 manner
                 of
                 argument
                 ,
                 drawne
                 from
                 places
                 of
                 inuention
                 ,
                 which
                 may
                 content
                 and
                 satisfie
                 the
                 minde
                 of
                 the
                 hearers
                 much
                 better
                 .
                 And
                 sometimes
                 the
                 clearenesse
                 of
                 the
                 matter
                 it selfe
                 ,
                 needeth
                 not
                 such
                 preparation
                 of
                 proofe
                 and
                 confirmation
                 of
                 those
                 Principles
                 and
                 Rules
                 .
                 For
                 then
                 is
                 the
                 most
                 and
                 best
                 of
                 them
                 ,
                 when
                 that
                 both
                 Propositions
                 and
                 Cases
                 to
                 confirme
                 the
                 same
                 ,
                 haue
                 great
                 coherence
                 with
                 the
                 question
                 ;
                 when
                 both
                 the
                 circumstance
                 of
                 the
                 Case
                 in
                 question
                 ,
                 and
                 the
                 cause
                 
                 of
                 doubt
                 ,
                 doe
                 giue
                 occasion
                 to
                 vse
                 them
                 ;
                 so
                 that
                 which
                 thereby
                 is
                 affirmed
                 ,
                 may
                 rightly
                 be
                 reducible
                 to
                 the
                 purpose
                 .
              
               
                 4
                 Finally
                 ,
                 it
                 sometimes
                 falleth
                 out
                 to
                 be
                 a
                 fault
                 ouermuch
                 to
                 abound
                 in
                 well
                 doing
                 .
                 
                   Omne
                   Nimium
                   vertitur
                   in
                   vitium
                
                 ,
                 saith
                 the
                 Prouerbe
                 ;
                 for
                 sundry
                 times
                 it
                 happeneth
                 ,
                 that
                 it
                 is
                 very
                 conuenient
                 and
                 direct
                 to
                 the
                 matter
                 to
                 make
                 argument
                 vpon
                 a
                 well
                 applyed
                 Prnciple
                 ,
                 Rule
                 or
                 Ground
                 ,
                 which
                 by
                 men
                 of
                 great
                 learning
                 and
                 reading
                 is
                 sometimes
                 so
                 sufficiently
                 handled
                 ,
                 with
                 such
                 abundance
                 and
                 ample
                 furniture
                 of
                 notable
                 and
                 direct
                 Cases
                 ,
                 that
                 their
                 endeauour
                 herein
                 deserueth
                 high
                 commendations
                 :
                 yet
                 more
                 conuenient
                 were
                 it
                 ,
                 that
                 their
                 paines
                 were
                 lesse
                 .
                 For
                 to
                 what
                 purpose
                 behooueth
                 it
                 ,
                 to
                 heape
                 Case
                 vpon
                 Case
                 ,
                 as
                 it
                 were
                 one
                 on
                 the
                 necke
                 of
                 another
                 ,
                 Pelion
                 vpon
                 Ossa
                 ?
                 Whereas
                 many
                 probable
                 reasons
                 ,
                 though
                 confirmed
                 with
                 few
                 good
                 Cases
                 ,
                 breede
                 greater
                 contentation
                 to
                 the
                 hearer
                 ,
                 by
                 reason
                 of
                 the
                 seuerall
                 proofe
                 made
                 thereby
                 then
                 many
                 Cases
                 .
              
            
             
               FINIS
               .
            
          
        
      
       
         
           
             
             
             
               THE
               VSE
               OF
               THE
               LAW
               .
            
             
               Provided
               for
               Preservation
               OF
            
             
               
                 Our
              
               
                 
                   
                     Persons
                     .
                  
                   
                     Goods
                     ,
                     and
                  
                   
                     Good
                     Names
                     .
                  
                
              
            
             
               According
               to
               the
               Practise
               OF
               
                 The
                 Lawes
                 and
                 Customes
              
               of
               this
               Land.
               
            
             
               LONDON
               .
            
             
               Printed
               for
               BEN
               :
               FISHER
               ,
               and
               are
               to
               bee
               sold
               at
               his
               Shop
               without
               Aldersgate
               ,
               at
               the
               Signe
               of
               the
               Talbot
               .
               1629.
               
            
          
           
             
             
             
               A
               Table
               of
               the
               Contents
               of
               this
               ensuing
               Treatise
               .
            
             
               
                 Folio
                 .
              
               
                 WHat
                 the
                 vse
                 of
                 the
                 Law
                 principally
                 consisteth
                 in
                 ,
                 Fol.
                 1.
                 
              
               
                 Surety
                 to
                 keepe
                 the
                 Peace
                 ,
                 fol.
                 ibid.
                 
              
               
                 Action
                 of
                 the
                 case
                 ,
                 for
                 Slaunder
                 ,
                 Batterie
                 ,
                 &c.
                 fol.
                 2.
                 
              
               
                 Appeale
                 of
                 Murther
                 giuen
                 to
                 the
                 next
                 of
                 kinne
                 ,
                 fol.
                 ibid.
                 
              
               
                 Manslaughter
                 and
                 when
                 a
                 forfeiture
                 of
                 Goods
                 ,
                 and
                 when
                 not
                 ,
                 fol.
                 3.
                 
              
               
                 Felon
                 .
                 de
                 se
                 ,
                 Felony
                 by
                 mischance
                 ,
                 Deodand
                 ,
                 fol.
                 ib.
                 
              
               
                 Cutting
                 out
                 of
                 Tongues
                 ,
                 and
                 putting
                 out
                 of
                 Eyes
                 ,
                 made
                 felonie
                 .
                 fol.
                 4.
                 
              
               
                 The
                 Office
                 of
                 the
                 Constable
                 ,
                 fol.
                 ibid.
                 
              
               
                 Two
                 high
                 Constables
                 for
                 euery
                 Hundred
                 ,
                 and
                 One
                 pettie
                 Constable
                 for
                 euery
                 Village
                 ,
                 fol.
                 5.
                 
              
               
                 The
                 Kings-Bench
                 first
                 instituted
                 ,
                 and
                 in
                 what
                 matters
                 they
                 anciently
                 had
                 Iurisdiction
                 in
                 ,
                 fol.
                 6.
                 
              
               
                 The
                 Court
                 of
                 Marshalsey
                 erected
                 ,
                 and
                 its
                 Iurisdiction
                 within
                 12.
                 miles
                 of
                 the
                 chiefe
                 Tunnell
                 of
                 the
                 King
                 ,
                 which
                 is
                 the
                 full
                 extent
                 of
                 the
                 Verge
                 ,
                 fol.
                 7.
                 
              
               
                 Sheriffes
                 tourne
                 instituted
                 vpon
                 the
                 Division
                 of
                 England
                 into
                 Counties
                 ,
                 the
                 charge
                 of
                 this
                 Court
                 
                 was
                 committed
                 to
                 the
                 Earle
                 of
                 the
                 same
                 County
                 ,
                 fol.
                 7.
                 
              
               
                 Subdivision
                 of
                 the
                 County
                 Court
                 into
                 Hundreds
                 ,
                 fol.
                 8.
                 
              
               
                 The
                 charge
                 of
                 the
                 County
                 taken
                 from
                 the
                 Earles
                 ,
                 and
                 committed
                 yearely
                 to
                 such
                 persons
                 as
                 it
                 pleased
                 the
                 King.
                 fol.
                 ibid.
                 
              
               
                 The
                 Sheriffe
                 is
                 Iudge
                 of
                 all
                 Hundred
                 Courts
                 not
                 giuen
                 away
                 from
                 the
                 Crowne
                 ,
                 fol.
                 9.
                 
              
               
                 County
                 Court
                 kept
                 monethly
                 by
                 the
                 Sheriffe
                 ,
                 fol.
                 ib.
                 
              
               
                 The
                 Office
                 of
                 the
                 Sheriffe
                 ,
                 fol.
                 ibid.
                 
              
               
                 Hundred
                 Courts
                 to
                 whom
                 first
                 granted
                 ,
                 fol.
                 10
              
               
                 Lord
                 of
                 the
                 Hundred
                 to
                 appoint
                 two
                 High
                 Constables
                 ,
                 fol.
                 ibid.
                 
              
               
                 Of
                 what
                 matters
                 they
                 enquire
                 of
                 in
                 Leets
                 and
                 Law
                 dayes
                 ,
                 fol.
                 11
              
               
                 Conseruators
                 of
                 the
                 Peace
                 and
                 what
                 their
                 Office
                 was
                 ,
                 fol.
                 12
              
               
                 Conseruators
                 of
                 the
                 Peace
                 by
                 vertue
                 of
                 their
                 Office
                 ,
                 fol.
                 13
              
               
                 Iustices
                 of
                 Peace
                 ordayned
                 in
                 lieu
                 of
                 Conseruators
                 .
                 Power
                 of
                 placing
                 and
                 displacing
                 of
                 Iustices
                 of
                 Peace
                 by
                 vse
                 deligated
                 from
                 the
                 King
                 to
                 the
                 Chancellor
                 ,
                 fol.
                 ibid.
                 
              
               
                 The
                 power
                 of
                 the
                 Iustice
                 of
                 Peace
                 to
                 fine
                 the
                 Offenders
                 to
                 the
                 Crowne
                 ,
                 and
                 not
                 to
                 recompence
                 the
                 partie
                 grieued
                 ,
                 fol.
                 ibid.
                 
              
               
                 Authority
                 of
                 the
                 Iustices
                 of
                 Peace
                 ,
                 through
                 whom
                 run
                 all
                 the
                 County
                 seruices
                 to
                 the
                 Crown
                 ,
                 fol.
                 14
              
               
                 Beating
                 ,
                 killing
                 ,
                 burning
                 of
                 Houses
                 ,
                 fol.
                 ibid.
                 
              
               
                 Attachments
                 for
                 surette
                 of
                 the
                 Peace
                 ,
                 fol.
                 ibid.
                 
              
               
                 
                 Recognizance
                 of
                 the
                 Peace
                 deliuered
                 by
                 the
                 Iustices
                 at
                 their
                 Sessons
                 ,
                 fol.
                 14
              
               
                 Quarter
                 Sessions
                 held
                 by
                 the
                 Iust.
                 of
                 Peace
                 ,
                 fol.
                 15
              
               
                 The
                 authority
                 of
                 Iustices
                 of
                 the
                 Peace
                 out
                 of
                 their
                 Sessions
                 ,
                 fol.
                 16
              
               
                 Iudges
                 of
                 Assize
                 come
                 in
                 place
                 of
                 the
                 auncient
                 Iudges
                 in
                 Eyre
                 ,
                 about
                 the
                 time
                 of
                 R.
                 2.
                 fol.
                 17
              
               
                 England
                 diuided
                 into
                 six
                 Cicuits
                 ,
                 and
                 two
                 learned
                 men
                 in
                 the
                 Lawes
                 ,
                 assigned
                 by
                 the
                 Kings
                 commission
                 to
                 ride
                 twice
                 a
                 yeare
                 through
                 those
                 Shires
                 alotted
                 to
                 that
                 circuit
                 ,
                 for
                 their
                 try
                 all
                 of
                 priuate
                 titles
                 to
                 Lands
                 and
                 goods
                 ,
                 and
                 all
                 Treasons
                 and
                 Felonies
                 ,
                 which
                 the
                 County
                 Courts
                 meddle
                 not
                 in
                 ,
                 fol.
                 ibid.
                 
              
               
                 The
                 Authority
                 of
                 the
                 Iudges
                 in
                 Eyre
                 translated
                 by
                 Parliament
                 to
                 Iustices
                 of
                 Assize
                 ,
                 fol.
                 18
              
               
                 The
                 Authority
                 of
                 the
                 Iustices
                 of
                 Assizes
                 much
                 lesned
                 by
                 the
                 Court
                 of
                 Common
                 Pleas
                 ,
                 erected
                 in
                 H.
                 3.
                 time
                 ,
                 fol.
                 ibid.
                 
              
               
                 The
                 Iustices
                 of
                 Assize
                 haue
                 at
                 this
                 day
                 fiue
                 Commissions
                 by
                 which
                 they
                 fit
                 ,
                 viz.
                 1.
                 
                 Oyer
                 and
                 Ternier
                 ,
                 2.
                 
                 Goale
                 Deliuery
                 ,
                 3.
                 
                 To
                 take
                 Assizes
                 ,
                 4.
                 
                 To
                 take
                 
                   Nisi
                   Prius
                
                 ,
                 5.
                 
                 Of
                 the
                 Peace
                 ,
                 fol.
                 19
              
               
                 Booke
                 allowed
                 to
                 Cleargie
                 for
                 the
                 scarcitie
                 of
                 them
                 to
                 be
                 disposed
                 in
                 Religious
                 Houses
                 ,
                 fol.
                 22
              
               
                 The
                 course
                 the
                 Iudges
                 hold
                 in
                 their
                 Circuits
                 in
                 the
                 Execution
                 of
                 their
                 Commission
                 concerning
                 the
                 taking
                 of
                 
                   Nisi
                   Prius
                
                 .
                 fol.
                 26
              
               
                 The
                 Iustices
                 of
                 the
                 Peace
                 and
                 the
                 Sheriffe
                 ,
                 are
                 to
                 attend
                 the
                 Iudges
                 in
                 their
                 Countie
                 ,
                 fol.
                 27
              
               
                 Of
                 Propertie
                 of
                 Lands
                 to
                 be
                 gained
                 by
                 Entry
                 ,
                 f.
                 28
              
               
                 
                 Land
                 left
                 by
                 the
                 Sea
                 belongeth
                 to
                 the
                 King
                 ,
                 fo
                 .
                 29
              
               
                 Propertie
                 of
                 Lands
                 by
                 Discent
                 ,
                 fol.
                 30
              
               
                 Three
                 rules
                 of
                 Discent
                 ,
                 fol.
                 31
              
               
                 Customes
                 of
                 certaine
                 places
                 ,
                 fol.
                 32
              
               
                 Euery
                 Heyre
                 hauing
                 Land
                 is
                 bound
                 by
                 the
                 binding
                 Acts
                 of
                 his
                 Ancestors
                 ,
                 if
                 hee
                 be
                 named
                 ,
                 fol.
                 33
              
               
                 Propertie
                 of
                 Lands
                 by
                 Escheat
                 ,
                 fol.
                 34
              
               
                 In
                 Escheat
                 two
                 things
                 are
                 to
                 be
                 obserued
                 ,
                 fol.
                 35
              
               
                 Concerning
                 the
                 tenure
                 of
                 Lands
                 ,
                 fol.
                 ibid.
                 
              
               
                 The
                 reseruations
                 in
                 Knights
                 seruice
                 tenure
                 ,
                 is
                 foure
                 ,
                 fol.
                 36
              
               
                 Homage
                 ,
                 and
                 Fealtie
                 ,
                 fol.
                 38
              
               
                 Knight
                 seruice
                 in
                 Capite
                 ,
                 is
                 a
                 tenure
                 
                   de
                   persona
                   Regis
                
                 ,
                 fol.
                 39
              
               
                 Grand
                 Seriantic
                 ,
                 Petty
                 Scriantie
                 ,
                 fol.
                 ibid.
                 
              
               
                 The
                 institution
                 of
                 Soccage
                 in
                 Capite
                 ,
                 and
                 what
                 it
                 is
                 now
                 turned
                 into
                 monyes
                 rents
                 ,
                 fol.
                 40
              
               
                 Antient
                 Demeasne
                 ,
                 what
                 ?
                 fol.
                 ibid.
                 
              
               
                 Office
                 of
                 Alienation
                 ,
                 fol.
                 41
              
               
                 How
                 Mannors
                 were
                 at
                 first
                 created
                 ,
                 fol.
                 42
              
               
                 Knights
                 seruice
                 Tenure
                 reserued
                 to
                 common
                 persons
                 ,
                 fol.
                 ibid.
                 
              
               
                 Soccage
                 Tenure
                 reserued
                 by
                 the
                 Lord
                 ,
                 fol.
                 43
              
               
                 Villenage
                 or
                 Tenure
                 by
                 Coppie
                 of
                 Court
                 Roll
                 ,
                 fol.
                 44
              
               
                 Court
                 Baron
                 ,
                 with
                 the
                 vse
                 of
                 it
                 ,
                 fol.
                 45
              
               
                 What
                 Attainders
                 shall
                 giue
                 the
                 Escheat
                 to
                 the
                 Lord
                 ,
                 fol.
                 ibid.
                 
              
               
                 Prayer
                 of
                 Clergie
                 ,
                 fol.
                 47
              
               
                 Hee
                 that
                 standeth
                 mute
                 forfeiteth
                 no
                 Lands
                 ,
                 except
                 for
                 Treason
                 ,
                 fol.
                 ibid.
                 
              
               
                 
                 He
                 that
                 killeth
                 himselfe
                 forfeiteth
                 but
                 his
                 Chattels
                 fol.
                 47
              
               
                 Flying
                 for
                 Felonie
                 ,
                 a
                 forfeiture
                 of
                 goods
                 ,
                 fol.
                 ibid.
                 
              
               
                 Lands
                 entayled
                 ,
                 Escheat
                 to
                 the
                 King
                 for
                 Treason
                 ,
                 fol.
                 48
              
               
                 A
                 person
                 Attainted
                 may
                 purchase
                 ,
                 but
                 it
                 shall
                 be
                 to
                 the
                 Kings
                 vse
                 ,
                 fol.
                 50
              
               
                 Propertie
                 of
                 Lands
                 by
                 Conueyance
                 is
                 ,
                 first
                 distributed
                 into
                 Estates
                 for
                 Yeares
                 ,
                 for
                 Life
                 ,
                 Intayle
                 and
                 Fee-simple
                 ,
                 fol.
                 52
              
               
                 Lease
                 for
                 yeares
                 goe
                 to
                 the
                 Executors
                 and
                 not
                 to
                 the
                 Heyres
                 ,
                 fol.
                 ibid.
                 
              
               
                 Leases
                 ,
                 by
                 what
                 meanes
                 they
                 are
                 forfeitable
                 ,
                 fol.
                 53
              
               
                 What
                 Liuerie
                 of
                 Seizen
                 is
                 ,
                 and
                 how
                 it
                 is
                 requisite
                 to
                 euery
                 estate
                 for
                 life
                 ,
                 fol.
                 54
              
               
                 Of
                 the
                 new
                 Deuise
                 called
                 a
                 Perpetuitie
                 ,
                 which
                 is
                 an
                 Entayle
                 with
                 an
                 addition
                 ,
                 fol.
                 58
              
               
                 The
                 inconueniencies
                 of
                 these
                 Perpetuities
                 ,
                 fol.
                 59
              
               
                 The
                 last
                 &
                 greatest
                 Estate
                 in
                 land
                 is
                 Feesimple
                 ,
                 60
              
               
                 The
                 difference
                 betweene
                 a
                 Remainder
                 and
                 a
                 Reuertion
                 ,
                 fol.
                 61
              
               
                 What
                 a
                 Fine
                 is
                 ,
                 fol.
                 62
              
               
                 What
                 Recoueries
                 are
                 ,
                 fol.
                 63
              
               
                 What
                 a
                 Vse
                 is
                 ,
                 fol.
                 66
              
               
                 A
                 Conueyance
                 to
                 stand
                 ceased
                 to
                 a
                 Vse
                 ,
                 fol.
                 68
              
               
                 Of
                 the
                 continuance
                 of
                 Land
                 by
                 Will
                 ,
                 fol.
                 70
              
               
                 Propertie
                 in
                 Goods
                 ,
                 1.
                 
                 By
                 Guift
                 ,
                 2.
                 
                 By
                 Sale
                 ,
                 3.
                 
                 By
                 Stealing
                 ,
                 4.
                 
                 By
                 Wauing
                 ,
                 5.
                 
                 By
                 Straying
                 ,
                 6.
                 
                 By
                 Shipwrack
                 ,
                 7.
                 
                 By
                 Forfeiture
                 ,
                 8.
                 
                 By
                 Executorship
                 ,
                 fol.
                 78
              
               
                 
                 By
                 Letters
                 of
                 Administration
                 ,
                 fol.
                 88
              
               
                 Where
                 the
                 Intestate
                 had
                 
                   Bona
                   notabilia
                
                 in
                 diuers
                 Diocesse
                 ,
                 then
                 the
                 Archb
                 shop
                 of
                 that
                 Prouince
                 where
                 hee
                 Dyed
                 is
                 to
                 commit
                 Administration
                 ,
                 fol.
                 89
              
               
                 An
                 Executor
                 may
                 refuse
                 the
                 Executorship
                 before
                 the
                 Bishop
                 ,
                 if
                 hee
                 haue
                 not
                 entermedled
                 with
                 the
                 Goods
                 ,
                 fol.
                 ibid.
                 
              
               
                 An
                 Executor
                 ought
                 to
                 pay
                 ,
                 1.
                 
                 Iudgements
                 ,
                 2.
                 
                 Stat.
                 Recogn
                 .
                 3.
                 
                 Debts
                 by
                 Bonds
                 and
                 Bills
                 sealed
                 ,
                 4.
                 
                 Rent
                 vnpayed
                 ,
                 5.
                 
                 Seruants
                 wages
                 ,
                 6.
                 
                 Head-workmen
                 ,
                 7.
                 
                 Shop-booke
                 ,
                 and
                 Contracts
                 by
                 word
                 fol.
                 ibid.
                 
              
               
                 Debts
                 due
                 in
                 equall
                 degree
                 of
                 Record
                 ,
                 the
                 Executor
                 may
                 pay
                 which
                 of
                 them
                 hee
                 please
                 before
                 suite
                 be
                 commenced
                 ,
                 fol.
                 90
              
               
                 But
                 it
                 is
                 otherwise
                 with
                 Administrators
                 ,
                 fol.
                 91
                 Propertie
                 by
                 Legacie
                 ,
                 fol.
                 92
              
               
                 Legacies
                 are
                 to
                 bee
                 payed
                 before
                 debts
                 by
                 Shop-bookes
                 ,
                 Bils
                 vnsealed
                 ,
                 or
                 Contracts
                 by
                 word
                 ,
                 fol.
                 ibid.
                 
              
               
                 An
                 Executor
                 may
                 pay
                 which
                 Legacie
                 he
                 will
                 first
                 .
                 Or
                 if
                 the
                 Executors
                 doe
                 want
                 they
                 may
                 sell
                 any
                 Legacie
                 to
                 pay
                 Debts
                 ,
                 fol.
                 93
              
               
                 When
                 a
                 Will
                 is
                 made
                 and
                 no
                 Executor
                 named
                 ,
                 Administration
                 is
                 to
                 bee
                 committed
                 
                   Cum
                   restamento
                   annexo
                
                 .
                 fol.
                 ibid.
                 
              
            
          
        
         
           
             
             
               THE
               VSE
               OF
               THE
               LAW
               ,
               
                 And
                 wherein
                 it
                 Principally
                 Consisteth
              
               .
            
             
               THE
               Vse
               of
               the
               Law
               ,
               consisteth
               principally
               in
               those
               Three
               things
               :
            
             
               
                 1
                 To
                 secure
                 Mens
                 persons
                 from
                 Death
                 and
                 Violence
                 .
              
               
                 2
                 To
                 dispose
                 the
                 propertie
                 of
                 Goods
                 and
                 Lands
                 .
              
               
                 3
                 For
                 preservation
                 of
                 their
                 good
                 Names
                 from
                 shame
                 and
                 Infamie
                 .
              
            
             
               FOr
               safetie
               of
               persons
               ,
               the
               Law
               provideth
               ,
               
               that
               any
               man
               standing
               in
               feare
               of
               another
               ,
               may
               take
               his
               Oath
               before
               a
               
               Iustice
               of
               Peace
               ,
               that
               he
               standeth
               in
               feare
               of
               his
               life
               ,
               and
               the
               Iustice
               shall
               compell
               the
               other
               to
               bee
               bound
               with
               Suerties
               to
               keeps
               the
               Peace
               .
            
             
               If
               any
               man
               Beate
               ,
               wound
               or
               maime
               
               another
               ,
               or
               giue
               false
               scandalous
               words
               that
               may
               touch
               his
               Credit
               ,
               the
               Law
               giveth
               thereupon
               an
               action
               of
               the
               Case
               ,
               for
               the
               slaunder
               of
               his
               good
               name
               ;
               and
               an
               Action
               of
               Batterie
               ,
               or
               an
               appeale
               of
               Maime
               ,
               by
               which
               recompence
               shall
               bee
               recovered
               ,
               to
               the
               value
               of
               the
               hurt
               ,
               dammage
               or
               danger
               .
            
             
               If
               any
               man
               kill
               another
               with
               malice
               ,
               
               the
               Law
               giveth
               an
               appeale
               to
               the
               wife
               of
               the
               dead
               ,
               if
               hee
               had
               any
               ,
               or
               to
               the
               next
               of
               kinne
               that
               is
               Heire
               in
               default
               of
               a
               Wife
               ,
               by
               which
               appeale
               the
               Defendant
               conuicted
               is
               to
               suffer
               Death
               ,
               and
               to
               loose
               all
               his
               Lands
               and
               Goods
               ;
               But
               if
               the
               Wife
               or
               Heire
               will
               not
               sue
               or
               bee
               compounded
               withall
               ,
               yet
               the
               King
               is
               to
               punish
               the
               offence
               by
               Indictment
               or
               Presentment
               of
               a
               lawfull
               inquest
               and
               tryall
               of
               the
               Offenders
               before
               competent
               Iudges
               ;
               whereupon
               being
               found
               guiltie
               ,
               hee
               is
               to
               suffer
               Death
               ,
               and
               to
               loose
               his
               lands
               and
               goods
               .
            
             
             
               If
               one
               kill
               another
               vpon
               a
               suddaine
               
               quarrell
               ,
               this
               is
               Man
               slaughter
               ,
               for
               which
               the
               Offender
               must
               dye
               ,
               except
               hee
               can
               reade
               ;
               and
               if
               hee
               can
               reade
               ,
               yet
               must
               he
               loose
               his
               goods
               ,
               but
               no
               lands
               .
            
             
               And
               if
               a
               man
               kill
               another
               in
               his
               owne
               defence
               ,
               hee
               shall
               not
               loose
               his
               Life
               ,
               not
               his
               Lands
               ,
               but
               he
               must
               loose
               his
               Goods
               ;
               except
               the
               partie
               slaine
               did
               first
               assault
               him
               ,
               to
               kill
               ,
               robbe
               ,
               or
               trouble
               him
               by
               the
               High-way
               side
               ,
               or
               in
               his
               owne
               House
               ,
               and
               then
               he
               shall
               loose
               nothing
               .
            
             
               And
               if
               a
               man
               kill
               him-selfe
               ,
               all
               his
               
               Goods
               and
               Chattels
               are
               forfeited
               ,
               but
               no
               Lands
               .
            
             
               If
               a
               man
               kill
               another
               by
               misfortune
               ,
               as
               
               shooting
               an
               Arrow
               at
               a
               Butt
               or
               marke
               ,
               or
               casting
               a
               Stone
               ouer
               an
               house
               or
               the
               like
               ,
               this
               is
               losse
               of
               his
               goods
               and
               Chattels
               ,
               but
               not
               of
               his
               lands
               ,
               nor
               life
               .
            
             
               If
               a
               Horse
               ,
               or
               Cart
               ,
               or
               a
               Beast
               ,
               or
               any
               
               other
               thing
               doe
               kill
               a
               man
               ,
               the
               Horse
               ,
               Beast
               or
               other
               thing
               is
               forfeited
               to
               the
               Crowne
               ,
               and
               is
               called
               a
               Deodand
               ,
               and
               vsually
               graunted
               and
               allowed
               by
               the
               King
               to
               the
               Bishop
               Almner
               ,
               as
               goods
               are
               of
               those
               that
               kill
               themselues
               .
            
             
             
               The
               Cutting
               out
               of
               a
               mans
               Tongue
               ,
               or
               
               putting
               out
               his
               Eyes
               maliciously
               ,
               is
               Felonie
               ;
               for
               which
               the
               offender
               is
               to
               suffer
               Death
               ,
               and
               loose
               his
               lands
               and
               goods
               .
            
             
               
                 But
                 ,
                 for
                 that
                 all
                 Punishment
                 is
                 for
                 Examples
                 sake
                 .
                 It
                 is
                 good
                 to
                 see
                 the
                 meanes
                 whereby
                 Offenders
                 are
                 drawne
                 to
                 their
                 punishment
                 ;
                 and
                 first
                 for
                 matter
                 of
                 the
                 Peace
                 .
              
               
                 THe
                 auntient
                 Lawes
                 of
                 England
                 planted
                 heere
                 by
                 the
                 Conquerour
                 ,
                 were
                 ,
                 that
                 there
                 should
                 bee
                 Officers
                 of
                 two
                 sorts
                 in
                 all
                 the
                 parts
                 of
                 this
                 Realme
                 to
                 preserue
                 the
                 Peace
                 :
              
               
                 
                   
                     
                       1.
                       
                    
                     
                       Constabularij
                    
                     
                       Pacis
                       .
                    
                  
                   
                     
                       2.
                       
                    
                     
                       Conservatores
                    
                     
                       Pacis
                       .
                    
                  
                
              
               
                 The
                 Office
                 of
                 the
                 Constable
                 was
                 ,
                 to
                 arest
                 
                 the
                 parties
                 that
                 he
                 had
                 seene
                 breaking
                 the
                 Peace
                 ,
                 or
                 in
                 furie
                 ready
                 to
                 breake
                 the
                 peace
                 ,
                 or
                 was
                 truely
                 informed
                 by
                 others
                 ,
                 or
                 by
                 their
                 owne
                 consession
                 ,
                 that
                 they
                 had
                 freshly
                 broken
                 the
                 peace
                 ;
                 which
                 persons
                 hee
                 might
                 imprison
                 in
                 the
                 Stockes
                 ,
                 
                 or
                 in
                 his
                 owne
                 house
                 ,
                 as
                 his
                 or
                 their
                 quality
                 required
                 ,
                 vntill
                 they
                 had
                 become
                 bounden
                 with
                 sureties
                 to
                 keepe
                 the
                 peace
                 ;
                 which
                 obligation
                 from
                 thenceforth
                 ,
                 was
                 to
                 bee
                 sealed
                 and
                 deliuered
                 to
                 the
                 Constable
                 to
                 the
                 vse
                 of
                 the
                 King.
                 And
                 that
                 the
                 Constable
                 was
                 to
                 send
                 to
                 the
                 Kings
                 Exchequer
                 or
                 Chancery
                 ,
                 from
                 whence
                 Processe
                 should
                 bee
                 awarded
                 to
                 leauy
                 the
                 debt
                 ,
                 if
                 the
                 peace
                 were
                 broken
                 .
              
               
                 But
                 the
                 Constable
                 could
                 not
                 arrest
                 any
                 ,
                 nor
                 make
                 any
                 put
                 in
                 Bond
                 vpon
                 complaint
                 of
                 threatning
                 onely
                 ;
                 except
                 they
                 had
                 seene
                 them
                 breaking
                 the
                 peace
                 ,
                 or
                 had
                 come
                 freshly
                 after
                 the
                 peace
                 was
                 broken
                 .
                 Also
                 ,
                 these
                 Constables
                 should
                 keepe
                 watch
                 about
                 the
                 Towne
                 ,
                 for
                 the
                 apprehension
                 of
                 Rogues
                 and
                 Vagabonds
                 ,
                 and
                 Night-walkers
                 ,
                 and
                 Euesdroppers
                 ,
                 Scouts
                 and
                 such
                 like
                 ,
                 and
                 such
                 as
                 goe
                 Armed
                 .
                 And
                 they
                 ought
                 likewise
                 ,
                 to
                 raise
                 hue
                 and
                 cry
                 against
                 Murtherers
                 ,
                 Manslayers
                 ,
                 Theeues
                 and
                 Rogues
                 .
              
               
                 Of
                 this
                 Office
                 of
                 Constable
                 
                 
                 there
                 were
                 high
                 Constables
                 ,
                 two
                 of
                 euery
                 Hundred
                 ;
                 Pettie
                 
                 Constables
                 one
                 in
                 euery
                 Village
                 ,
                 they
                 
                 were
                 in
                 auncient
                 time
                 all
                 appointed
                 by
                 
                 the
                 Sheriffe
                 of
                 the
                 Shiere
                 yearely
                 in
                 his
                 Court
                 called
                 the
                 Sheriffes
                 Tourne
                 ,
                 and
                 there
                 they
                 receiued
                 their
                 oath
                 .
                 But
                 at
                 this
                 day
                 they
                 are
                 appointed
                 eyther
                 in
                 the
                 Law
                 day
                 of
                 that
                 Precinct
                 wherein
                 they
                 serue
                 ,
                 by
                 the
                 high
                 Constable
                 ;
                 or
                 in
                 the
                 Sessions
                 of
                 the
                 peace
                 .
              
               
                 The
                 Sheriffes
                 Tourne
                 is
                 a
                 Court
                 very
                 
                 ancient
                 ,
                 incident
                 to
                 his
                 Office.
                 At
                 the
                 first
                 ,
                 it
                 was
                 crected
                 by
                 the
                 Conquerour
                 ,
                 and
                 called
                 the
                 Kings-Bench
                 ,
                 appointing
                 men
                 studied
                 in
                 the
                 Knòwledge
                 of
                 the
                 Lawes
                 to
                 execute
                 Iustice
                 as
                 substitutes
                 ,
                 to
                 him
                 in
                 his
                 name
                 ,
                 which
                 men
                 are
                 to
                 bee
                 named
                 ,
                 
                   Iusticiarij
                   ad
                   placita
                   coram
                   Rege
                   assignati
                   .
                
                 One
                 of
                 them
                 being
                 
                   Capitalis
                   Iusticiarius
                
                 called
                 to
                 his
                 fellowes
                 ,
                 the
                 rest
                 in
                 number
                 as
                 pleaseth
                 the
                 King
                 ,
                 of
                 late
                 but
                 three
                 ,
                 Insticiarij
                 holden
                 by
                 Patent
                 .
                 In
                 this
                 Court
                 euery
                 man
                 aboue
                 twelue
                 yeares
                 of
                 age
                 ,
                 was
                 to
                 take
                 his
                 Oath
                 of
                 Allegiance
                 to
                 the
                 King
                 ,
                 if
                 hee
                 were
                 bound
                 ,
                 then
                 his
                 Lord
                 to
                 answere
                 for
                 him
                 .
                 In
                 this
                 Court
                 the
                 Constables
                 were
                 appointed
                 &
                 sworne
                 ;
                 breakers
                 of
                 the
                 peace
                 punished
                 by
                 fine
                 and
                 imprisonment
                 ,
                 the
                 parties
                 beaten
                 or
                 hurt
                 recompenced
                 vpon
                 complaints
                 of
                 damages
                 ,
                 All
                 appeales
                 of
                 Murther
                 ,
                 Maime
                 ,
                 Robberie
                 decided
                 ,
                 contempts
                 against
                 the
                 Crowne
                 ,
                 publique
                 annoyances
                 
                 against
                 the
                 people
                 ,
                 Treasons
                 and
                 Felonies
                 and
                 all
                 other
                 matters
                 of
                 wrong
                 ,
                 betwixt
                 partie
                 and
                 partie
                 for
                 Lands
                 and
                 goods
                 .
              
               
                 But
                 the
                 King
                 seeing
                 the
                 Realme
                 grow
                 
                 daily
                 more
                 and
                 more
                 populous
                 ,
                 and
                 that
                 this
                 owne
                 Court
                 could
                 not
                 dispatch
                 all
                 :
                 did
                 first
                 ordaine
                 that
                 his
                 Marshall
                 should
                 keepe
                 a
                 Court
                 ,
                 for
                 Controuersies
                 arising
                 within
                 the
                 Virge
                 .
                 Which
                 is
                 within
                 xij
                 .
                 miles
                 of
                 the
                 chiefest
                 Tunnell
                 of
                 the
                 Court
                 ,
                 which
                 did
                 but
                 ease
                 the
                 Kings
                 Bench
                 in
                 matters
                 onely
                 concerning
                 debts
                 ,
                 Conenants
                 and
                 such
                 like
                 ,
                 of
                 those
                 of
                 the
                 Kings
                 houshold
                 onely
                 ,
                 neuer
                 dealing
                 in
                 breaches
                 of
                 the
                 Peace
                 ,
                 or
                 concerning
                 the
                 Crowne
                 by
                 any
                 other
                 persons
                 ,
                 or
                 any
                 pleas
                 of
                 Lands
                 .
                 Insomuch
                 ,
                 as
                 the
                 King
                 for
                 further
                 ease
                 hauing
                 diuided
                 this
                 Kingdome
                 into
                 Counties
                 ,
                 and
                 committing
                 the
                 Charge
                 of
                 euery
                 Countie
                 to
                 a
                 Lord
                 or
                 Earle
                 ;
                 did
                 direct
                 ,
                 that
                 those
                 Earles
                 within
                 their
                 limits
                 should
                 looke
                 to
                 the
                 matter
                 
                 of
                 the
                 peace
                 ,
                 and
                 take
                 charge
                 of
                 the
                 Constables
                 ,
                 and
                 reforme
                 publike
                 annoyances
                 ,
                 and
                 sweare
                 the
                 people
                 to
                 the
                 Crowne
                 ,
                 and
                 take
                 pledges
                 of
                 the
                 Freemen
                 for
                 their
                 Allegiance
                 ,
                 for
                 which
                 purpose
                 the
                 Countie
                 did
                 once
                 euery
                 yeare
                 keepe
                 a
                 Court
                 ,
                 called
                 the
                 Sheriffes
                 Tourne
                 .
                 At
                 which
                 all
                 
                 the
                 Countie
                 (
                 except
                 Women
                 ,
                 Clergie
                 ,
                 Children
                 vnder
                 12.
                 and
                 not
                 aged
                 aboue
                 60.
                 )
                 did
                 appeare
                 to
                 giue
                 or
                 renew
                 their
                 pledges
                 for
                 Allegiance
                 .
                 And
                 the
                 Court
                 was
                 called
                 ,
                 
                   Curio
                   Franciplegij
                
                 ,
                 A
                 view
                 of
                 the
                 pledges
                 of
                 Free-men
                 ;
                 or
                 ,
                 
                   Turnus
                   Comitatus
                
                 .
              
               
                 At
                 which
                 meeting
                 or
                 Court
                 ,
                 there
                 fell
                 
                 by
                 occasion
                 of
                 great
                 Assemblies
                 much
                 bloudshed
                 ,
                 scarcitie
                 of
                 Victuals
                 ,
                 Mutinies
                 and
                 the
                 like
                 mischiefes
                 ;
                 which
                 are
                 incident
                 to
                 the
                 Congregations
                 of
                 people
                 ,
                 by
                 which
                 the
                 King
                 was
                 moued
                 to
                 allow
                 a
                 subdiuision
                 of
                 euery
                 Countie
                 into
                 Hundreds
                 ,
                 and
                 euery
                 Hundred
                 to
                 haue
                 a
                 Court
                 ,
                 whereunto
                 the
                 people
                 of
                 euery
                 Hundred
                 ,
                 should
                 bee
                 assembled
                 twice
                 a
                 yeare
                 for
                 surueigh
                 of
                 Pledges
                 ,
                 and
                 vse
                 of
                 that
                 Iustice
                 which
                 was
                 formerly
                 executed
                 in
                 that
                 grand
                 Court
                 for
                 the
                 Countie
                 ;
                 and
                 the
                 Court
                 or
                 Earle
                 appointed
                 a
                 Bayliffe
                 vnder
                 him
                 to
                 keep
                 the
                 hundred
                 Court.
                 But
                 in
                 the
                 end
                 ,
                 the
                 Kings
                 of
                 this
                 Realme
                 found
                 it
                 necessarie
                 to
                 haue
                 all
                 execution
                 of
                 Iustice
                 immediately
                 for
                 themselues
                 ,
                 by
                 such
                 as
                 were
                 more
                 bound
                 then
                 Earles
                 
                 to
                 that
                 seruice
                 ,
                 and
                 readily
                 subiect
                 to
                 correction
                 for
                 their
                 negligence
                 or
                 abuse
                 ;
                 and
                 therefore
                 ,
                 tooke
                 to
                 themselues
                 the
                 appointing
                 of
                 a
                 Sheriffe
                 yearely
                 in
                 euery
                 
                 Countie
                 calling
                 ,
                 them
                 Vicecomit
                 .
                 and
                 to
                 them
                 directed
                 such
                 writs
                 and
                 precepts
                 for
                 executing
                 Iustice
                 in
                 the
                 Countie
                 ,
                 as
                 fell
                 out
                 needfull
                 to
                 haue
                 beene
                 dispatched
                 ,
                 committing
                 to
                 the
                 Sheriffe
                 
                   Custodium
                   Comitatus
                
                 ;
                 by
                 which
                 the
                 Earles
                 were
                 spared
                 of
                 their
                 toyles
                 and
                 labours
                 ,
                 and
                 that
                 was
                 layd
                 vpon
                 the
                 Sheriffes
                 .
                 So
                 
                 as
                 now
                 ,
                 the
                 Sheriffe
                 doth
                 all
                 the
                 Kings
                 businesse
                 in
                 the
                 Countie
                 ,
                 and
                 that
                 is
                 now
                 called
                 ,
                 the
                 Sheriffes
                 Tourne
                 ;
                 that
                 is
                 to
                 say
                 ,
                 hee
                 is
                 Iudge
                 of
                 this
                 grand
                 Court
                 for
                 the
                 Countie
                 ,
                 and
                 also
                 of
                 all
                 Hundred
                 Courts
                 not
                 giuen
                 away
                 from
                 the
                 Crowne
                 .
              
               
                 Hee
                 hath
                 another
                 Court
                 ,
                 called
                 the
                 
                 Countie
                 Court
                 ,
                 belonging
                 to
                 his
                 office
                 ,
                 wherein
                 men
                 may
                 sue
                 monethly
                 for
                 any
                 debt
                 or
                 damages
                 vnder
                 401.
                 and
                 may
                 haue
                 writs
                 for
                 to
                 repleuie
                 their
                 cattell
                 distrained
                 and
                 impounded
                 for
                 others
                 ,
                 and
                 there
                 try
                 the
                 cause
                 of
                 their
                 distresse
                 ;
                 and
                 by
                 a
                 writ
                 called
                 Iusticies
                 ,
                 a
                 man
                 may
                 sue
                 for
                 any
                 summe
                 ,
                 and
                 in
                 this
                 Court
                 the
                 Sheriffe
                 by
                 a
                 writ
                 ,
                 called
                 an
                 Exigent
                 ,
                 doth
                 proclaime
                 men
                 sued
                 in
                 Courts
                 aboue
                 ,
                 to
                 render
                 their
                 bodies
                 ,
                 or
                 else
                 they
                 be
                 Out-lawed
                 .
              
               
                 This
                 Sheriffe
                 doth
                 serue
                 the
                 Kings
                 
                 writs
                 of
                 Processe
                 ,
                 bee
                 they
                 Sommons
                 ,
                 Attachments
                 to
                 compell
                 men
                 to
                 answere
                 to
                 
                 the
                 Law
                 ,
                 and
                 all
                 writs
                 of
                 execution
                 of
                 the
                 Law
                 ,
                 according
                 to
                 Iudgements
                 of
                 Superiour
                 Courts
                 ,
                 for
                 taking
                 of
                 Mens
                 Goods
                 ,
                 Lands
                 ,
                 or
                 Bodies
                 as
                 the
                 cause
                 requireth
                 .
              
               
                 The
                 Hundred
                 Courts
                 ,
                 were
                 most
                 of
                 
                 them
                 graunted
                 to
                 Religious
                 Men
                 ,
                 Noble
                 men
                 ,
                 others
                 of
                 great
                 place
                 .
                 And
                 also
                 many
                 men
                 of
                 good
                 quality
                 haue
                 attained
                 by
                 chance
                 ,
                 and
                 some
                 by
                 vsage
                 within
                 Mannors
                 of
                 their
                 owne
                 liberty
                 of
                 keeping
                 .
                 Law
                 dayes
                 ,
                 and
                 to
                 vse
                 their
                 Iustice
                 appertaining
                 to
                 a
                 Law
                 day
                 .
              
               
                 Whosoeuer
                 is
                 Lord
                 of
                 the
                 Hundred
                 
                 Court
                 ,
                 is
                 two
                 appoint
                 two
                 high
                 Constables
                 of
                 the
                 Hundred
                 ,
                 and
                 also
                 is
                 to
                 appoint
                 in
                 euery
                 Village
                 ,
                 a
                 pettie
                 Constable
                 with
                 a
                 Tithingman
                 to
                 attend
                 in
                 his
                 absence
                 ,
                 and
                 to
                 bee
                 at
                 his
                 Commandement
                 when
                 he
                 is
                 present
                 in
                 all
                 seruices
                 of
                 his
                 office
                 for
                 his
                 assistance
                 .
              
               
                 There
                 hath
                 beene
                 by
                 vse
                 and
                 Statute
                 Law
                 (
                 besides
                 surueying
                 of
                 the
                 Pledges
                 of
                 Free-men
                 and
                 giuing
                 the
                 oath
                 of
                 Allegiance
                 ,
                 and
                 making
                 Constables
                 ,
                 many
                 addictions
                 of
                 powers
                 and
                 authoritie
                 giuen
                 to
                 the
                 Stewards
                 of
                 leets
                 and
                 Lawdayes
                 to
                 be
                 put
                 in
                 vre
                 in
                 their
                 Courts
                 ;
                 as
                 for
                 example
                 ,
                 
                 may
                 punish
                 Inne-keepers
                 ,
                 Bakers
                 ,
                 Butchers
                 ,
                 Poulterers
                 ,
                 Fishmonger
                 ,
                 and
                 Tradesmen
                 of
                 all
                 sorts
                 ,
                 selling
                 with
                 vnder
                 weights
                 or
                 measures
                 or
                 excessiue
                 prizes
                 ,
                 or
                 things
                 vnwholsome
                 ,
                 or
                 ill
                 made
                 in
                 deceipt
                 of
                 the
                 people
                 .
                 They
                 may
                 punish
                 those
                 that
                 doe
                 stop
                 straiten
                 or
                 annoy
                 the
                 high
                 wayes
                 ,
                 or
                 doe
                 not
                 according
                 to
                 the
                 prouision
                 enacted
                 repaire
                 or
                 amend
                 them
                 ,
                 or
                 diuert
                 water
                 courses
                 ,
                 or
                 destroy
                 frey
                 of
                 Fish
                 ,
                 or
                 
                 vse
                 engines
                 or
                 nets
                 to
                 take
                 Deere
                 ,
                 Conies
                 ,
                 Phesants
                 or
                 Partridges
                 ,
                 or
                 build
                 Pigion
                 houses
                 ;
                 except
                 hee
                 bee
                 Lord
                 of
                 the
                 Mannor
                 ,
                 or
                 Parson
                 of
                 the
                 Church
                 .
                 They
                 may
                 also
                 take
                 presentment
                 vpon
                 Oath
                 of
                 the
                 xij
                 sworne
                 Iury
                 before
                 them
                 ;
                 but
                 they
                 cannot
                 try
                 the
                 Malefactors
                 ,
                 onely
                 they
                 must
                 by
                 Indenture
                 deliuer
                 ouer
                 those
                 presentments
                 of
                 felonie
                 to
                 the
                 Iudges
                 ,
                 when
                 they
                 come
                 their
                 circuits
                 into
                 that
                 Countie
                 .
                 All
                 those
                 Courts
                 before
                 mentioned
                 are
                 in
                 vse
                 ,
                 and
                 exercised
                 as
                 Law
                 at
                 this
                 day
                 ,
                 concerning
                 the
                 Sheriffes
                 Law
                 dayes
                 and
                 leets
                 ,
                 and
                 the
                 offices
                 of
                 High
                 Constables
                 ,
                 pettie-Constables
                 ,
                 and
                 Tithingmen
                 ;
                 howbeit
                 ,
                 with
                 some
                 further
                 addictions
                 by
                 Statute
                 lawes
                 ,
                 laying
                 charge
                 vpon
                 them
                 for
                 taxation
                 for
                 poore
                 ,
                 for
                 Souldiers
                 and
                 the
                 like
                 ,
                 and
                 dealing
                 without
                 corruption
                 and
                 the
                 like
                 .
              
               
               
                 Conservators
                 of
                 the
                 Peace
                 were
                 in
                 auntient
                 
                 times
                 certaine
                 ,
                 which
                 were
                 assigned
                 by
                 the
                 King
                 to
                 see
                 the
                 Peace
                 maintained
                 ,
                 and
                 they
                 were
                 called
                 to
                 the
                 Office
                 by
                 the
                 the
                 Kings
                 writs
                 ,
                 to
                 continue
                 for
                 terme
                 of
                 theyr
                 liues
                 ,
                 or
                 at
                 the
                 Kings
                 pleasure
                 .
              
               
                 For
                 this
                 Service
                 ,
                 choise
                 was
                 made
                 of
                 
                 the
                 best
                 men
                 of
                 calling
                 in
                 the
                 Countie
                 ,
                 and
                 but
                 few
                 in
                 the
                 Shire
                 .
                 They
                 might
                 bind
                 any
                 man
                 to
                 keepe
                 the
                 Peace
                 and
                 to
                 good
                 behauiour
                 ,
                 by
                 Recognizance
                 to
                 the
                 King
                 with
                 suerties
                 ,
                 and
                 they
                 might
                 by
                 Warrant
                 send
                 for
                 the
                 partie
                 ,
                 directing
                 their
                 warrant
                 to
                 the
                 Sheriffe
                 or
                 Constable
                 ,
                 as
                 they
                 please
                 ,
                 to
                 arest
                 the
                 partie
                 and
                 bring
                 him
                 before
                 them
                 .
                 This
                 they
                 vsed
                 to
                 doe
                 ,
                 when
                 complaint
                 was
                 made
                 by
                 any
                 ,
                 that
                 hee
                 stood
                 in
                 feare
                 of
                 another
                 ,
                 and
                 so
                 tooke
                 his
                 Oath
                 ;
                 or
                 else
                 ,
                 where
                 the
                 Conseruator
                 himselfe
                 did
                 without
                 oath
                 or
                 complaint
                 ,
                 see
                 the
                 disposition
                 of
                 any
                 man
                 inclined
                 to
                 quarrell
                 and
                 breach
                 of
                 the
                 Peace
                 ,
                 or
                 to
                 misbehaue
                 himselfe
                 in
                 some
                 out-ragious
                 manner
                 of
                 force
                 or
                 fraud
                 .
                 There
                 by
                 his
                 owne
                 Discretion
                 hee
                 might
                 send
                 for
                 such
                 a
                 fellow
                 ,
                 and
                 make
                 him
                 find
                 Suerties
                 of
                 the
                 peace
                 or
                 of
                 his
                 good
                 behauiour
                 ,
                 as
                 hee
                 should
                 see
                 cause
                 ;
                 or
                 else
                 cōmit
                 him
                 to
                 the
                 Goale
                 if
                 hee
                 refused
                 .
              
               
               
                 The
                 Iudges
                 of
                 eyther
                 Bench
                 in
                 Westminster
                 ,
                 
                 Barons
                 of
                 the
                 Exchequer
                 ,
                 Master
                 of
                 the
                 Rolles
                 ,
                 and
                 Iustices
                 in
                 Eire
                 and
                 Affizes
                 in
                 their
                 circuits
                 ,
                 were
                 all
                 without
                 writ
                 Conseruators
                 of
                 the
                 Peace
                 in
                 all
                 Shires
                 of
                 England
                 ,
                 and
                 continue
                 to
                 this
                 day
                 .
              
               
                 But
                 now
                 at
                 this
                 day
                 ,
                 Conseruators
                 of
                 
                 the
                 Peace
                 are
                 out
                 of
                 vse
                 ;
                 And
                 in
                 lieu
                 of
                 them
                 ,
                 there
                 are
                 ordained
                 Iustices
                 of
                 Peace
                 ,
                 assigned
                 by
                 the
                 Kings
                 Cōmissions
                 in
                 euery
                 Countie
                 ,
                 which
                 are
                 moueable
                 at
                 the
                 Kings
                 pleasure
                 ;
                 but
                 the
                 power
                 ,
                 of
                 placing
                 &
                 displacing
                 Iustices
                 of
                 the
                 Peace
                 ,
                 is
                 by
                 vse
                 Deligated
                 from
                 the
                 King
                 to
                 the
                 Chancellor
                 .
              
               
                 That
                 there
                 should
                 be
                 Iustices
                 of
                 Peace
                 by
                 Commissions
                 ,
                 it
                 was
                 first
                 enacted
                 by
                 a
                 Statute
                 made
                 1.
                 
                 Ed.
                 3.
                 and
                 their
                 Authoritie
                 augmented
                 by
                 many
                 statutes
                 made
                 since
                 in
                 euery
                 Kings
                 raigne
                 .
              
               
                 They
                 are
                 appointed
                 to
                 keepe
                 foure
                 Sessions
                 
                 euery
                 yeare
                 ;
                 That
                 is
                 ,
                 euery
                 Quarter
                 ,
                 one
                 .
                 These
                 Sessions
                 are
                 a
                 sitting
                 of
                 the
                 Iustices
                 to
                 dispach
                 the
                 affaires
                 of
                 their
                 Commissions
                 .
                 They
                 haue
                 power
                 to
                 heare
                 and
                 determine
                 in
                 their
                 Sessions
                 ,
                 all
                 Felonies
                 ,
                 breaches
                 of
                 the
                 Peace
                 ,
                 Contempts
                 
                 and
                 trespasses
                 ,
                 so
                 farre
                 as
                 to
                 fine
                 the
                 Offender
                 to
                 the
                 Crowne
                 ,
                 but
                 not
                 to
                 award
                 recompence
                 to
                 the
                 partie
                 grieued
                 .
              
               
               
                 They
                 are
                 to
                 suppresse
                 Ryots
                 ,
                 and
                 Tumults
                 ,
                 
                 to
                 restore
                 Possessions
                 forcibly
                 taken
                 away
                 ,
                 to
                 examine
                 all
                 Felons
                 apprehended
                 and
                 brought
                 before
                 them
                 ;
                 To
                 see
                 impotent
                 poore
                 people
                 ,
                 or
                 maimed
                 Souldiers
                 prouided
                 for
                 ,
                 according
                 to
                 the
                 Lawes
                 .
                 And
                 Rogues
                 ,
                 Vagabonds
                 ,
                 and
                 Beggers
                 punished
                 .
                 They
                 are
                 both
                 to
                 Licence
                 and
                 suppresse
                 Alehouses
                 ,
                 Badgers
                 of
                 Corne
                 and
                 Victuals
                 ,
                 and
                 to
                 punish
                 Fore-stallers
                 ,
                 regrators
                 ,
                 and
                 engrossers
                 .
              
               
                 Through
                 these
                 in
                 effect
                 runne
                 all
                 the
                 Countie
                 seruices
                 to
                 the
                 Crowne
                 ,
                 as
                 Taxations
                 of
                 Subsidies
                 ,
                 Mustring
                 men
                 ,
                 Arming
                 them
                 ,
                 and
                 leauying
                 Forces
                 ,
                 that
                 is
                 done
                 by
                 a
                 speciall
                 Commission
                 or
                 Preceps
                 from
                 the
                 King.
                 Any
                 of
                 these
                 Iustices
                 by
                 Oath
                 taken
                 by
                 a
                 man
                 that
                 hee
                 standeth
                 in
                 feare
                 that
                 another
                 man
                 wil
                 beat
                 him
                 ,
                 or
                 kill
                 
                 him
                 ,
                 or
                 burne
                 his
                 House
                 ,
                 are
                 to
                 send
                 for
                 the
                 partie
                 by
                 warrant
                 of
                 Attachment
                 directed
                 to
                 the
                 Sheriffe
                 or
                 Constable
                 ,
                 and
                 
                 then
                 to
                 bind
                 the
                 partie
                 with
                 Suerties
                 by
                 Recognizance
                 to
                 the
                 King
                 ,
                 to
                 keepe
                 the
                 peace
                 ,
                 and
                 also
                 to
                 appeare
                 at
                 the
                 next
                 Sessions
                 of
                 the
                 Peace
                 ;
                 at
                 which
                 next
                 Sessions
                 ,
                 when
                 euery
                 Iustice
                 of
                 Peace
                 hath
                 therein
                 deliuered
                 all
                 their
                 Recognizances
                 
                 so
                 taken
                 ,
                 then
                 the
                 parties
                 are
                 called
                 and
                 the
                 cause
                 of
                 binding
                 to
                 the
                 Peace
                 examined
                 ,
                 
                 and
                 both
                 parties
                 beeing
                 heard
                 ,
                 the
                 whole
                 Bench
                 is
                 to
                 determine
                 as
                 they
                 see
                 cause
                 ,
                 either
                 to
                 continue
                 the
                 partie
                 so
                 bound
                 ,
                 or
                 else
                 to
                 discharge
                 him
                 .
              
               
                 The
                 Iustices
                 of
                 Peace
                 in
                 their
                 Sessions
                 are
                 attended
                 by
                 the
                 Constables
                 &
                 Bayliffes
                 ,
                 
                 of
                 all
                 Hundreds
                 and
                 liberties
                 within
                 the
                 Countie
                 ,
                 or
                 by
                 the
                 Sheriffe
                 or
                 his
                 Deputy
                 ,
                 to
                 bee
                 employed
                 as
                 occasion
                 shall
                 serue
                 in
                 executing
                 the
                 precepts
                 and
                 directions
                 of
                 the
                 Court.
                 They
                 proceed
                 in
                 this
                 sort
                 ,
                 The
                 Sheriffe
                 doth
                 Sommon
                 24.
                 
                 Free-holders
                 discreet
                 men
                 of
                 the
                 said
                 County
                 ,
                 whereof
                 some
                 16.
                 are
                 selected
                 and
                 sworne
                 ,
                 and
                 haue
                 their
                 charge
                 to
                 serue
                 as
                 the
                 Grand
                 Iury
                 ;
                 The
                 partie
                 indicted
                 is
                 to
                 trauerse
                 the
                 indictment
                 or
                 else
                 to
                 confesse
                 it
                 ,
                 and
                 so
                 submit
                 himselfe
                 to
                 bee
                 fined
                 as
                 the
                 Court
                 shall
                 thinke
                 meet
                 (
                 regard
                 had
                 to
                 the
                 offence
                 )
                 except
                 the
                 punishment
                 be
                 certainely
                 appointed
                 (
                 as
                 often
                 it
                 is
                 )
                 by
                 speciall
                 Statutes
                 .
              
               
                 The
                 Iustices
                 of
                 Peace
                 are
                 many
                 in
                 euerie
                 Countie
                 ,
                 and
                 to
                 them
                 are
                 brought
                 all
                 Traitors
                 Felons
                 and
                 other
                 malefactors
                 of
                 any
                 sort
                 vpon
                 their
                 first
                 apprehension
                 ,
                 and
                 that
                 Iustice
                 to
                 whom
                 they
                 are
                 brought
                 ,
                 examineth
                 them
                 ,
                 &
                 heareth
                 their
                 accusations
                 ,
                 but
                 iudgeth
                 not
                 vpon
                 it
                 ;
                 onely
                 if
                 heo
                 find
                 the
                 suspition
                 but
                 light
                 ,
                 then
                 hee
                 taketh
                 
                 bond
                 with
                 sureties
                 of
                 the
                 accused
                 ,
                 to
                 appeare
                 either
                 at
                 the
                 next
                 Assizes
                 ,
                 if
                 it
                 be
                 a
                 matter
                 of
                 Treason
                 or
                 Felonie
                 ;
                 Or
                 else
                 at
                 the
                 quarter
                 Sessions
                 ,
                 if
                 it
                 bee
                 concerning
                 Ryot
                 or
                 mis-behauior
                 or
                 some
                 other
                 small
                 offence
                 .
                 And
                 hee
                 also
                 bindeth
                 to
                 appeare
                 then
                 those
                 that
                 giue
                 testimonie
                 and
                 prosecute
                 the
                 accusation
                 ,
                 all
                 the
                 accusers
                 and
                 witnesses
                 ,
                 and
                 so
                 setteth
                 the
                 partie
                 at
                 large
                 .
                 And
                 at
                 the
                 Assizes
                 or
                 Sessions
                 (
                 as
                 
                 the
                 case
                 falleth
                 out
                 )
                 hee
                 certifieth
                 the
                 Recognizances
                 taken
                 of
                 the
                 Accused
                 ,
                 Accusers
                 ,
                 and
                 Witnesses
                 ;
                 who
                 being
                 there
                 are
                 called
                 ,
                 and
                 appearing
                 ,
                 the
                 cause
                 of
                 the
                 accused
                 is
                 dept
                 into
                 according
                 to
                 Law
                 for
                 his
                 clearing
                 .
              
               
                 But
                 if
                 the
                 partie
                 accused
                 ,
                 seeme
                 vpon
                 pregnant
                 matter
                 in
                 the
                 accusation
                 and
                 to
                 the
                 Iustice
                 to
                 bee
                 guilty
                 ,
                 and
                 the
                 offence
                 heinous
                 ,
                 or
                 the
                 Offender
                 taken
                 with
                 the
                 manner
                 ,
                 then
                 the
                 Iustice
                 is
                 to
                 commit
                 the
                 partie
                 by
                 his
                 warrant
                 called
                 a
                 Mittimus
                 to
                 the
                 Goaler
                 of
                 the
                 common
                 Goale
                 of
                 the
                 Countie
                 ,
                 there
                 to
                 remaine
                 vntill
                 the
                 Assizes
                 .
                 And
                 then
                 the
                 Iustice
                 is
                 to
                 certifie
                 his
                 Accusation
                 ,
                 Examination
                 ,
                 and
                 Recognizance
                 taken
                 for
                 the
                 appearances
                 and
                 prosecution
                 of
                 the
                 witnesses
                 ,
                 so
                 as
                 the
                 Iudges
                 may
                 when
                 they
                 come
                 readily
                 proceed
                 with
                 him
                 as
                 the
                 Law
                 requireth
                 .
              
               
               
                 The
                 Iudges
                 of
                 the
                 Assizes
                 as
                 they
                 bee
                 
                 now
                 become
                 into
                 the
                 place
                 of
                 the
                 antient
                 Iustices
                 in
                 Eyre
                 .
                 The
                 prime
                 Kings
                 after
                 the
                 Conquest
                 vntill
                 H.
                 3.
                 time
                 especially
                 ;
                 and
                 after
                 the
                 lesser
                 men
                 euen
                 to
                 R.
                 2.
                 time
                 ,
                 did
                 execute
                 the
                 Iustice
                 of
                 the
                 Realine
                 ;
                 they
                 began
                 in
                 this
                 sort
                 .
              
               
                 The
                 King
                 not
                 able
                 to
                 dispatch
                 busines
                 in
                 
                 his
                 own
                 person
                 ,
                 erected
                 the
                 Court
                 of
                 Kings
                 
                 Bench
                 ,
                 that
                 not
                 able
                 to
                 receiue
                 al
                 ,
                 nor
                 meet
                 
                 to
                 draw
                 the
                 people
                 all
                 to
                 one
                 place
                 ,
                 there
                 
                 were
                 ordained
                 Counties
                 ,
                 and
                 the
                 Sheriffes
                 
                 Tornes
                 ,
                 Hundred
                 Courts
                 ,
                 and
                 particular
                 Leets
                 ,
                 and
                 
                 Law-dayes
                 ,
                 as
                 before
                 mentioned
                 ,
                 which
                 dealt
                 onely
                 with
                 Crowne
                 matters
                 for
                 the
                 publique
                 ;
                 but
                 not
                 the
                 priuate
                 titles
                 of
                 Lands
                 or
                 Goods
                 ,
                 nor
                 the
                 tryall
                 of
                 grand
                 offences
                 of
                 Treasons
                 and
                 Felonies
                 ,
                 but
                 all
                 the
                 Counties
                 of
                 the
                 Realme
                 were
                 diuided
                 into
                 Six
                 Circuits
                 .
                 And
                 two
                 learned
                 men
                 well
                 read
                 
                 in
                 the
                 Lawes
                 of
                 the
                 Realme
                 ,
                 were
                 assigned
                 by
                 the
                 Kings
                 Commission
                 to
                 euery
                 Circuit
                 ,
                 and
                 to
                 ride
                 twice
                 a
                 yeare
                 through
                 
                 those
                 shires
                 allotted
                 to
                 that
                 Circuit
                 ,
                 making
                 Proclamation
                 before
                 hand
                 ,
                 a
                 conuenient
                 time
                 in
                 euery
                 Countie
                 ,
                 of
                 the
                 time
                 of
                 their
                 comming
                 ,
                 and
                 place
                 of
                 their
                 sitting
                 ,
                 to
                 the
                 end
                 the
                 people
                 might
                 attend
                 them
                 in
                 euery
                 Countie
                 of
                 that
                 Circuit
                 .
              
               
                 They
                 were
                 to
                 stay
                 3.
                 or
                 4.
                 dayes
                 in
                 euery
                 Countie
                 ,
                 and
                 in
                 that
                 time
                 all
                 the
                 causes
                 of
                 that
                 Countie
                 were
                 brought
                 before
                 them
                 by
                 the
                 parties
                 grieued
                 ,
                 and
                 all
                 the
                 Prisoners
                 of
                 the
                 said
                 Goale
                 in
                 euery
                 Shire
                 ,
                 and
                 whatsoeuer
                 controuersies
                 arising
                 concerning
                 Life
                 ,
                 Lands
                 or
                 Goods
                 .
              
               
                 The
                 authoritie
                 of
                 these
                 Iudges
                 in
                 Eyre
                 ,
                 
                 is
                 translated
                 by
                 Act
                 of
                 Parliament
                 to
                 Iustices
                 of
                 Assize
                 ;
                 which
                 bee
                 now
                 ,
                 the
                 Iudges
                 of
                 Circuits
                 ,
                 and
                 they
                 doe
                 vse
                 the
                 same
                 Course
                 that
                 Iustices
                 in
                 Eyre
                 ,
                 did
                 to
                 proclaime
                 their
                 comming
                 euery
                 halfe
                 yeare
                 ,
                 and
                 the
                 place
                 of
                 their
                 sitting
                 .
              
               
                 The
                 businesse
                 of
                 the
                 Iustices
                 in
                 Eyre
                 ,
                 
                 and
                 of
                 the
                 Iustices
                 of
                 Assize
                 at
                 this
                 day
                 is
                 much
                 lessened
                 ,
                 for
                 that
                 in
                 H.
                 3.
                 time
                 there
                 was
                 erected
                 the
                 Court
                 of
                 Common-pleas
                 at
                 Westininster
                 ,
                 In
                 which
                 Court
                 haue
                 beene
                 euer
                 since
                 and
                 yet
                 are
                 begun
                 and
                 handled
                 ,
                 the
                 great
                 suits
                 of
                 Lands
                 ,
                 debts
                 ,
                 benefices
                 and
                 contracts
                 ,
                 fines
                 for
                 assurance
                 
                 of
                 Lands
                 and
                 recoueries
                 ,
                 which
                 were
                 wont
                 to
                 bee
                 either
                 in
                 the
                 Kings
                 Bench
                 ,
                 or
                 else
                 before
                 the
                 Iustices
                 in
                 Eyre
                 .
                 But
                 the
                 
                 Statute
                 of
                 
                   Mag.
                   Char.
                   Cap.
                
                 5.
                 is
                 negatiue
                 against
                 it
                 .
                 
                   Viz
                   Communia
                   placita
                   non
                   sequantur
                   ,
                   Curiam
                   nostram
                   sed
                   sequantur
                   in
                   aliquo
                   loco
                   Certo
                
                 ;
                 which
                 
                   locus
                   Certus
                
                 must
                 be
                 
                 the
                 Common
                 pleas
                 ,
                 yet
                 the
                 Iudges
                 of
                 Circuits
                 haue
                 5.
                 
                 Commissions
                 by
                 which
                 they
                 sit
                 .
              
               
                 The
                 first
                 is
                 ,
                 a
                 Commission
                 of
                 Oyer
                 and
                 
                 Termnier
                 directed
                 vnto
                 them
                 ,
                 and
                 many
                 others
                 of
                 the
                 best
                 accompt
                 ,
                 in
                 their
                 Circuit
                 ;
                 But
                 in
                 this
                 Commission
                 the
                 Iudges
                 of
                 Assize
                 are
                 of
                 the
                 Quorum
                 ,
                 so
                 as
                 without
                 them
                 there
                 can
                 be
                 no
                 proceeding
                 .
              
               
                 This
                 Commission
                 giueth
                 them
                 power
                 to
                 deale
                 with
                 Treasons
                 ,
                 Murtherers
                 ,
                 and
                 all
                 manner
                 of
                 Felonies
                 and
                 Misddemeanours
                 whatsoeuer
                 ;
                 and
                 this
                 is
                 the
                 largest
                 Commission
                 that
                 they
                 haue
                 .
              
               
                 The
                 second
                 is
                 a
                 Commission
                 of
                 Goale
                 
                 Deliuery
                 ;
                 That
                 is
                 ,
                 onely
                 to
                 the
                 Iudges
                 themselues
                 ,
                 and
                 the
                 Clearke
                 of
                 the
                 Assize
                 assotiate
                 ,
                 And
                 by
                 this
                 Commission
                 they
                 are
                 to
                 deale
                 with
                 euery
                 Prisioner
                 in
                 the
                 Goale
                 ,
                 for
                 what
                 offence
                 soeuer
                 hee
                 bee
                 there
                 .
                 And
                 to
                 proceed
                 with
                 him
                 according
                 
                 to
                 the
                 Lawes
                 of
                 the
                 Realme
                 ,
                 and
                 the
                 quality
                 of
                 their
                 offence
                 ;
                 And
                 they
                 cannot
                 by
                 this
                 Comission
                 doe
                 any
                 thing
                 concerning
                 any
                 man
                 ,
                 but
                 those
                 that
                 are
                 Prisoners
                 in
                 the
                 Goale
                 .
                 The
                 course
                 now
                 in
                 vse
                 of
                 Execution
                 of
                 this
                 Commission
                 of
                 Goale
                 Deliuery
                 ,
                 is
                 this
                 .
                 There
                 is
                 no
                 Prisoner
                 but
                 is
                 committed
                 by
                 some
                 Iustice
                 of
                 Peace
                 ,
                 who
                 before
                 he
                 committed
                 took
                 his
                 examination
                 ,
                 and
                 bound
                 his
                 accusers
                 and
                 witnesses
                 to
                 appeare
                 and
                 prosecute
                 at
                 the
                 Goale
                 deliuery
                 .
                 This
                 Iustice
                 doth
                 certifie
                 these
                 examinations
                 and
                 bonds
                 ,
                 and
                 therevpon
                 the
                 Accuser
                 is
                 called
                 solemnely
                 into
                 the
                 Court
                 ;
                 and
                 when
                 he
                 appeareth
                 hec
                 is
                 willed
                 to
                 prepare
                 a
                 Bill
                 of
                 indictment
                 against
                 the
                 Prisoner
                 ,
                 and
                 goe
                 with
                 it
                 to
                 the
                 grand-Iury
                 ,
                 and
                 giue
                 euidence
                 vpon
                 their
                 oathes
                 he
                 and
                 the
                 witnesses
                 ,
                 which
                 he
                 doth
                 ;
                 and
                 then
                 the
                 Grand
                 Iury
                 write
                 thereupon
                 either
                 
                   Billa
                   vera
                
                 ,
                 and
                 then
                 the
                 Prisoner
                 standeth
                 indicted
                 ,
                 or
                 else
                 Ignoramus
                 ,
                 then
                 he
                 is
                 not
                 touched
                 .
                 The
                 Grand
                 Iury
                 deliuer
                 these
                 
                 Bils
                 to
                 the
                 Iudges
                 in
                 their
                 Court
                 ,
                 and
                 so
                 many
                 as
                 they
                 find
                 indorsed
                 
                   Billa
                   vera
                
                 ,
                 they
                 send
                 for
                 those
                 Prisoners
                 ,
                 then
                 is
                 euery
                 mans
                 indictment
                 put
                 and
                 read
                 to
                 him
                 ,
                 and
                 they
                 aske
                 him
                 whether
                 he
                 be
                 guilty
                 or
                 not
                 ;
                 if
                 he
                 
                 say
                 not
                 guilty
                 ,
                 then
                 he
                 is
                 asked
                 how
                 he
                 will
                 be
                 tryed
                 ,
                 he
                 answereth
                 ,
                 by
                 the
                 Countrey
                 .
                 Then
                 the
                 Sheriffe
                 is
                 commanded
                 to
                 return
                 
                 the
                 names
                 of
                 12.
                 
                 Freeholders
                 to
                 the
                 Court
                 ,
                 which
                 Freeholders
                 be
                 sworne
                 to
                 make
                 true
                 deliuery
                 betweene
                 the
                 King
                 and
                 the
                 Prisoner
                 ,
                 and
                 then
                 the
                 indictment
                 is
                 againe
                 read
                 and
                 the
                 witnesses
                 sworne
                 ,
                 and
                 speake
                 their
                 knowledge
                 concerning
                 the
                 fact
                 ,
                 and
                 the
                 Prisoner
                 is
                 heard
                 at
                 large
                 ,
                 what
                 defence
                 he
                 can
                 make
                 ,
                 and
                 then
                 the
                 Iury
                 goe
                 together
                 and
                 consult
                 .
                 And
                 after
                 a
                 while
                 they
                 come
                 in
                 with
                 a
                 verdict
                 of
                 guilty
                 or
                 not
                 guiltie
                 ,
                 which
                 verdict
                 the
                 Iudges
                 doe
                 record
                 accordingly
                 .
                 If
                 any
                 Prisoner
                 plead
                 not
                 guilty
                 vpon
                 the
                 indictment
                 and
                 yet
                 will
                 not
                 put
                 himselfe
                 to
                 tryall
                 vpon
                 the
                 Iury
                 ,
                 (
                 or
                 stand
                 mure
                 )
                 he
                 shall
                 be
                 pressed
                 .
              
               
                 The
                 Iudges
                 when
                 many
                 prisoners
                 are
                 in
                 the
                 Goale
                 doe
                 in
                 the
                 end
                 before
                 they
                 goe
                 ,
                 peruse
                 euery
                 one
                 .
                 Those
                 that
                 were
                 indicted
                 by
                 Grand
                 Iury
                 ,
                 and
                 found
                 not
                 guiltie
                 by
                 the
                 select
                 Iury
                 ,
                 they
                 judge
                 to
                 be
                 quitted
                 ,
                 &
                 so
                 deliuer
                 them
                 out
                 of
                 the
                 Goale
                 .
                 Those
                 that
                 are
                 found
                 guilty
                 by
                 both
                 Iuries
                 they
                 Iudge
                 to
                 death
                 and
                 command
                 the
                 Sheriffe
                 to
                 see
                 execution
                 done
                 .
                 To
                 those
                 that
                 refuse
                 tryall
                 by
                 the
                 Countrie
                 ,
                 or
                 stand
                 mute
                 vpon
                 the
                 ind
                 ctment
                 ,
                 they
                 iudge
                 to
                 be
                 pressed
                 to
                 death
                 ,
                 some
                 whose
                 offences
                 are
                 pilfring
                 vnder
                 twelue
                 pence
                 value
                 ,
                 they
                 judge
                 to
                 be
                 whipped
                 .
                 Those
                 that
                 confesse
                 their
                 ind
                 ctments
                 ,
                 they
                 iudge
                 to
                 death
                 ,
                 whipping
                 or
                 otherwise
                 ,
                 as
                 their
                 offence
                 requireth
                 .
                 
                 And
                 those
                 that
                 are
                 not
                 indicted
                 at
                 all
                 ,
                 but
                 their
                 bill
                 of
                 inditement
                 returned
                 with
                 Ignoramus
                 by
                 the
                 grand
                 lury
                 and
                 all
                 other
                 in
                 the
                 Goale
                 ,
                 against
                 whom
                 no
                 bils
                 at
                 all
                 are
                 ,
                 they
                 doe
                 acquit
                 by
                 proclamation
                 out
                 of
                 the
                 Goale
                 ;
                 That
                 one
                 way
                 or
                 other
                 they
                 ridde
                 the
                 Goale
                 of
                 all
                 the
                 prisoners
                 in
                 it
                 ,
                 But
                 because
                 some
                 prisoners
                 haue
                 their
                 bookes
                 and
                 burned
                 in
                 the
                 hand
                 and
                 so
                 deliuered
                 ,
                 It
                 is
                 necessary
                 to
                 shew
                 the
                 reason
                 thereof
                 .
                 This
                 hauing
                 their
                 bookes
                 is
                 called
                 their
                 Clergie
                 ,
                 with
                 in
                 antient
                 time
                 began
                 thus
                 .
              
               
                 For
                 the
                 scarcity
                 of
                 the
                 Clergie
                 in
                 the
                 
                 Realme
                 of
                 England
                 to
                 be
                 disposed
                 in
                 Religious
                 houses
                 ,
                 or
                 for
                 Preists
                 ,
                 Deacons
                 and
                 Clerkes
                 of
                 parishes
                 ,
                 there
                 was
                 a
                 prreogatiue
                 allowed
                 to
                 the
                 Clergie
                 ,
                 that
                 if
                 any
                 man
                 that
                 could
                 reade
                 or
                 were
                 a
                 Clerke
                 ,
                 were
                 condemned
                 to
                 death
                 ,
                 the
                 Bishop
                 of
                 the
                 Diocesse
                 ,
                 might
                 if
                 he
                 would
                 clayme
                 him
                 as
                 a
                 clerke
                 ,
                 and
                 he
                 was
                 to
                 see
                 him
                 tryed
                 in
                 the
                 face
                 of
                 the
                 Court.
                 
              
               
                 Whether
                 he
                 could
                 read
                 or
                 not
                 the
                 booke
                 was
                 prepared
                 and
                 brought
                 by
                 the
                 Bishop
                 ,
                 and
                 the
                 Iudge
                 was
                 to
                 turne
                 to
                 some
                 place
                 as
                 he
                 should
                 thinke
                 meete
                 ,
                 and
                 if
                 the
                 prisoner
                 could
                 reade
                 them
                 then
                 the
                 Bishop
                 was
                 to
                 haue
                 him
                 deliuered
                 ouer
                 
                 vnto
                 him
                 to
                 dispose
                 of
                 in
                 some
                 places
                 of
                 the
                 Clergie
                 ,
                 as
                 hee
                 should
                 thinke
                 meete
                 .
                 But
                 if
                 either
                 the
                 Bishop
                 would
                 not
                 demand
                 him
                 :
                 or
                 that
                 the
                 Prisoner
                 could
                 not
                 read
                 ,
                 then
                 was
                 hee
                 to
                 bee
                 put
                 to
                 death
                 .
              
               
                 And
                 this
                 Clergie
                 was
                 allowable
                 in
                 the
                 
                 ancient
                 times
                 and
                 Law
                 ,
                 for
                 all
                 offences
                 whatsoeuer
                 they
                 were
                 except
                 Treason
                 and
                 robbing
                 of
                 Churches
                 of
                 their
                 goods
                 and
                 ornaments
                 .
                 But
                 by
                 many
                 Statutes
                 made
                 since
                 ,
                 the
                 Clergie
                 is
                 taken
                 away
                 for
                 Murther
                 ,
                 Burglarie
                 ,
                 Robberie
                 ,
                 Purse-cutting
                 ,
                 and
                 diuers
                 other
                 felonies
                 particularized
                 by
                 the
                 Statutes
                 to
                 the
                 Iudges
                 ,
                 and
                 
                 lastly
                 ;
                 by
                 a
                 Statute
                 made
                 18.
                 
                 Elizabeth
                 :
                 
                 the
                 Iudges
                 themselues
                 are
                 appointed
                 to
                 
                 allow
                 Clergie
                 to
                 such
                 as
                 can
                 read
                 ,
                 being
                 
                 not
                 such
                 offenders
                 from
                 whom
                 Clergie
                 is
                 
                 taken
                 away
                 by
                 any
                 Statute
                 .
                 And
                 to
                 see
                 them
                 burned
                 in
                 the
                 hand
                 ,
                 and
                 so
                 discharge
                 them
                 without
                 deliuering
                 them
                 to
                 the
                 Bishop
                 ,
                 howbeit
                 the
                 Bishop
                 appointeth
                 
                 the
                 deputie
                 to
                 attend
                 the
                 Iudges
                 with
                 a
                 booke
                 to
                 trie
                 whether
                 they
                 would
                 reade
                 or
                 not
                 .
              
               
                 The
                 3.
                 
                 Comission
                 ,
                 that
                 the
                 Iudges
                 of
                 Circuits
                 haue
                 ,
                 is
                 ,
                 a
                 Cōmission
                 directed
                 to
                 themselues
                 onely
                 to
                 take
                 Assizes
                 by
                 which
                 
                 they
                 are
                 called
                 Iustices
                 of
                 Assize
                 ,
                 and
                 the
                 Office
                 of
                 those
                 Iustices
                 is
                 to
                 doe
                 tight
                 vppon
                 Writs
                 called
                 Assizes
                 ,
                 brought
                 before
                 them
                 by
                 such
                 as
                 are
                 wrongfully
                 thrust
                 out
                 of
                 their
                 Lands
                 .
                 Of
                 which
                 number
                 of
                 writs
                 there
                 was
                 farre
                 greater
                 store
                 brought
                 before
                 them
                 in
                 antient
                 times
                 then
                 now
                 it
                 is
                 ,
                 for
                 that
                 mens
                 seizons
                 and
                 possessions
                 are
                 sooner
                 recouered
                 by
                 sealing
                 Leases
                 vpon
                 the
                 ground
                 ,
                 and
                 by
                 bringing
                 an
                 
                   Eiectione
                   firme
                
                 ,
                 and
                 trying
                 their
                 tytle
                 so
                 ,
                 then
                 by
                 the
                 long
                 suites
                 of
                 Assizes
                 .
              
               
                 The
                 4.
                 
                 Cōmission
                 ,
                 is
                 cōmission
                 to
                 take
                 Nisi
                 
                 Prius
                 directed
                 to
                 none
                 but
                 to
                 the
                 Iudges
                 themselues
                 and
                 their
                 Clerkes
                 of
                 Assizes
                 ,
                 by
                 which
                 they
                 are
                 called
                 Iustices
                 of
                 
                   Nisi
                   Prius
                
                 .
                 These
                 
                   Nisi
                   Prius
                
                 happen
                 in
                 this
                 sort
                 ,
                 when
                 a
                 suit
                 is
                 begun
                 for
                 any
                 matter
                 in
                 one
                 of
                 the
                 three
                 Courts
                 ,
                 the
                 Kings
                 Bench
                 ,
                 Common
                 Pleas
                 ,
                 or
                 the
                 Exchequer
                 
                 here
                 aboue
                 ,
                 and
                 the
                 parties
                 in
                 their
                 pleadings
                 doe
                 varie
                 in
                 a
                 point
                 of
                 fact
                 ;
                 As
                 for
                 example
                 ,
                 If
                 an
                 action
                 of
                 Debt
                 or
                 Trespasse
                 growne
                 for
                 taking
                 away
                 goods
                 ,
                 the
                 Defendant
                 denieth
                 that
                 hee
                 tooke
                 them
                 ,
                 or
                 in
                 an
                 action
                 of
                 the
                 Case
                 for
                 slaunderous
                 words
                 ,
                 the
                 Defendant
                 denieth
                 that
                 he
                 spake
                 them
                 .
              
               
                 Then
                 the
                 Plaintiffe
                 is
                 to
                 maintaine
                 and
                 proue
                 them
                 ,
                 that
                 the
                 obligation
                 is
                 the
                 
                 Defendants
                 deed
                 ,
                 that
                 hee
                 either
                 tooke
                 the
                 goods
                 ,
                 or
                 spake
                 the
                 words
                 ,
                 the
                 Law
                 saith
                 ,
                 that
                 Issue
                 is
                 joyned
                 betwixt
                 them
                 ,
                 which
                 issue
                 of
                 the
                 Fact
                 is
                 to
                 bee
                 tried
                 by
                 a
                 Iurie
                 of
                 Twelue
                 men
                 of
                 the
                 Countie
                 ,
                 where
                 it
                 is
                 supposed
                 by
                 the
                 Plaintiffe
                 the
                 prises
                 to
                 bee
                 done
                 ,
                 and
                 for
                 that
                 purpose
                 the
                 Iudges
                 of
                 the
                 Court
                 doe
                 award
                 a
                 writ
                 of
                 
                   Venire
                   fac
                
                 :
                 in
                 the
                 Kings
                 name
                 to
                 the
                 Sheriffe
                 of
                 that
                 Countie
                 ,
                 commanding
                 
                 him
                 to
                 cause
                 foure
                 and
                 twentie
                 discreet
                 Free-holders
                 of
                 his
                 Countie
                 at
                 a
                 certaine
                 day
                 to
                 try
                 this
                 issue
                 joynt
                 ,
                 out
                 of
                 which
                 foure
                 and
                 twentie
                 onely
                 Twelue
                 are
                 chosen
                 to
                 serue
                 ,
                 and
                 that
                 double
                 number
                 is
                 returned
                 ,
                 because
                 some
                 may
                 make
                 default
                 ,
                 and
                 some
                 bee
                 challenged
                 vpon
                 kindred
                 ,
                 alliance
                 ,
                 or
                 partiall
                 dealing
                 .
              
               
                 These
                 foure
                 and
                 twentie
                 ,
                 the
                 Sheriffe
                 doth
                 name
                 and
                 certifie
                 to
                 the
                 Court
                 ,
                 and
                 withall
                 that
                 hee
                 hath
                 warned
                 them
                 to
                 come
                 at
                 the
                 day
                 according
                 to
                 their
                 writ
                 .
                 But
                 because
                 at
                 his
                 first
                 summons
                 there
                 falleth
                 no
                 punishment
                 vpon
                 the
                 foure
                 and
                 twentie
                 if
                 they
                 come
                 not
                 ,
                 they
                 very
                 seldome
                 or
                 neuer
                 appeare
                 vpon
                 the
                 first
                 Writ
                 ,
                 and
                 vpon
                 their
                 default
                 there
                 is
                 another
                 Writ
                 *
                 returned
                 to
                 the
                 Sheriffe
                 ,
                 commaunding
                 him
                 to
                 
                 distraine
                 them
                 by
                 their
                 Lands
                 to
                 appeare
                 at
                 a
                 certaine
                 day
                 appointed
                 by
                 the
                 writ
                 ,
                 
                 which
                 is
                 the
                 next
                 day
                 after
                 the
                 
                   Nisi
                   prius
                   Iusticiarij
                   nostri
                   ad
                   Assizas
                   capiendas
                   Venerint
                   ,
                
                 
                 &c.
                 of
                 which
                 words
                 the
                 writ
                 is
                 called
                 a
                 
                   Nisi
                   prius
                
                 ,
                 and
                 the
                 Iudges
                 of
                 the
                 circuit
                 of
                 that
                 Countie
                 in
                 that
                 varatis
                 and
                 meane
                 time
                 before
                 the
                 day
                 of
                 appearance
                 appointed
                 for
                 the
                 Iurie
                 aboue
                 ,
                 haue
                 their
                 Commission
                 of
                 
                   Nisi
                   prius
                
                 ,
                 authority
                 to
                 take
                 the
                 appearance
                 of
                 the
                 Iury
                 of
                 the
                 County
                 before
                 them
                 ,
                 and
                 there
                 to
                 heare
                 the
                 Witnesses
                 and
                 proofes
                 on
                 both
                 sides
                 concerning
                 this
                 issue
                 of
                 fact
                 ,
                 and
                 to
                 take
                 the
                 verdict
                 of
                 the
                 Iury
                 ,
                 and
                 against
                 the
                 day
                 they
                 should
                 haue
                 appeared
                 aboue
                 ,
                 which
                 to
                 returne
                 the
                 verdict
                 read
                 in
                 the
                 Court
                 aboue
                 ,
                 returne
                 is
                 called
                 Postea
                 .
                 
              
               
                 And
                 vpon
                 this
                 verdict
                 clearing
                 the
                 matter
                 in
                 Fact
                 ,
                 one
                 way
                 or
                 other
                 ,
                 the
                 Iudges
                 aboue
                 giue
                 judgement
                 for
                 the
                 partie
                 for
                 whom
                 the
                 verdict
                 is
                 found
                 ,
                 and
                 for
                 such
                 damages
                 and
                 costs
                 as
                 the
                 Iury
                 doth
                 assesse
                 .
              
               
                 By
                 those
                 tryals
                 called
                 
                   Nisi
                   prius
                
                 ,
                 the
                 Iuries
                 and
                 the
                 parties
                 are
                 eased
                 much
                 of
                 the
                 charge
                 they
                 should
                 bee
                 put
                 to
                 ,
                 by
                 comming
                 to
                 London
                 with
                 their
                 Euidences
                 and
                 Witnesses
                 ,
                 and
                 the
                 Courts
                 of
                 Westminster
                 are
                 eased
                 of
                 much
                 trouble
                 they
                 should
                 haue
                 ,
                 if
                 all
                 the
                 Iuries
                 for
                 tryals
                 should
                 appeare
                 and
                 try
                 their
                 causes
                 in
                 those
                 Courts
                 ;
                 for
                 those
                 Courts
                 haue
                 little
                 leisure
                 .
                 Now
                 though
                 the
                 Iuries
                 come
                 
                 not
                 vp
                 ,
                 yet
                 in
                 matters
                 of
                 great
                 weight
                 or
                 where
                 the
                 tytle
                 is
                 intricate
                 or
                 difficult
                 ,
                 the
                 Iudges
                 aboue
                 vpon
                 information
                 to
                 them
                 doe
                 retaine
                 those
                 causes
                 to
                 be
                 tryed
                 there
                 ,
                 and
                 the
                 Iuries
                 doe
                 at
                 this
                 day
                 in
                 such
                 causes
                 come
                 to
                 the
                 Barre
                 at
                 Westminster
                 .
              
               
                 The
                 fift
                 Commission
                 that
                 the
                 Iudges
                 in
                 
                 their
                 Circuits
                 doe
                 sit
                 by
                 ,
                 is
                 the
                 Commission
                 of
                 the
                 Peace
                 in
                 euery
                 Countie
                 of
                 their
                 circuit
                 .
                 And
                 all
                 the
                 Iustices
                 of
                 the
                 Peace
                 hauing
                 no
                 lawfull
                 impediment
                 ,
                 are
                 bound
                 to
                 bee
                 present
                 at
                 the
                 Assizes
                 to
                 attend
                 the
                 Iudges
                 as
                 occasion
                 shall
                 fall
                 out
                 ,
                 if
                 any
                 make
                 default
                 the
                 Iudges
                 may
                 set
                 a
                 fine
                 
                 vpon
                 him
                 at
                 their
                 pleasure
                 and
                 discretions
                 .
                 Also
                 the
                 Sheriffe
                 in
                 euery
                 shire
                 through
                 the
                 Circuit
                 ,
                 is
                 to
                 attend
                 in
                 person
                 the
                 Iudges
                 all
                 that
                 time
                 they
                 bee
                 within
                 the
                 Countie
                 ,
                 and
                 the
                 Iudges
                 may
                 fine
                 him
                 if
                 hee
                 faile
                 for
                 negligence
                 or
                 misbehauiour
                 in
                 his
                 Office
                 before
                 them
                 ;
                 and
                 the
                 Iudges
                 aboue
                 may
                 also
                 fine
                 the
                 Sheriffe
                 for
                 not
                 returning
                 sufficiently
                 Writs
                 before
                 them
                 .
              
            
             
               
               
                 Propertie
                 in
                 Lands
                 is
                 gotten
                 and
                 transferred
                 by
                 one
                 to
                 another
                 ,
                 those
                 foure
                 manner
                 of
                 wayes
                 .
              
               
                 
                   1
                   By
                   Entry
                   .
                
                 
                   2
                   By
                   Discent
                   .
                
                 
                   3
                   By
                   Escheat
                   .
                
                 
                   4
                   Most
                   vsually
                   by
                   Conueyance
                   .
                
              
               
                 1
                 Propertie
                 by
                 Entry
                 is
                 ,
                 where
                 a
                 man
                 
                 findeth
                 a
                 piece
                 of
                 Land
                 that
                 no
                 other
                 possesseth
                 or
                 hath
                 tytle
                 vnto
                 ,
                 and
                 hee
                 that
                 findeth
                 it
                 doth
                 enter
                 ,
                 this
                 Entry
                 gaineth
                 a
                 Propertie
                 ;
                 this
                 Law
                 seemeth
                 to
                 bee
                 deriued
                 from
                 this
                 text
                 ,
                 
                   Terradedit
                   filijs
                   hominum
                
                 ,
                 which
                 is
                 to
                 bee
                 vnderstood
                 ,
                 to
                 those
                 that
                 will
                 till
                 and
                 manure
                 it
                 ,
                 and
                 so
                 make
                 it
                 yeeld
                 fruit
                 ;
                 and
                 that
                 is
                 hee
                 that
                 entreth
                 into
                 it
                 ,
                 where
                 no
                 man
                 had
                 it
                 before
                 .
                 But
                 this
                 manner
                 of
                 gaining
                 Lands
                 was
                 in
                 the
                 first
                 dayes
                 and
                 is
                 not
                 now
                 of
                 vse
                 in
                 
                 England
                 ,
                 for
                 that
                 by
                 the
                 conquest
                 all
                 the
                 Land
                 of
                 this
                 Nation
                 was
                 in
                 the
                 Conquerours
                 hands
                 ,
                 and
                 appropriated
                 vnto
                 him
                 ;
                 except
                 ,
                 Religious
                 and
                 Church-lands
                 ,
                 and
                 the
                 lands
                 in
                 Kent
                 ,
                 which
                 by
                 composition
                 were
                 left
                 to
                 the
                 former
                 owners
                 ,
                 as
                 the
                 Conquerour
                 found
                 them
                 ,
                 
                 so
                 that
                 no
                 man
                 but
                 the
                 Bishopricks
                 ,
                 Churches
                 ,
                 and
                 the
                 men
                 of
                 Kent
                 ,
                 can
                 at
                 this
                 day
                 make
                 any
                 greater
                 title
                 then
                 from
                 the
                 Conquest
                 to
                 his
                 Lands
                 in
                 England
                 ,
                 and
                 Lands
                 possessed
                 without
                 any
                 such
                 title
                 are
                 in
                 the
                 Crowne
                 and
                 not
                 in
                 him
                 that
                 first
                 entreth
                 ;
                 as
                 it
                 is
                 by
                 Land
                 left
                 by
                 the
                 Sea
                 ,
                 this
                 Land
                 belongeth
                 to
                 the
                 King
                 and
                 
                 not
                 to
                 him
                 that
                 hath
                 the
                 Lands
                 next
                 adioyning
                 which
                 was
                 the
                 auncient
                 Sea
                 Bankes
                 ,
                 This
                 is
                 to
                 bee
                 vnderstood
                 of
                 the
                 inheritance
                 of
                 Lands
                 :
                 viz.
                 That
                 the
                 inheritance
                 cannot
                 bee
                 gained
                 by
                 the
                 first
                 entry
                 .
                 But
                 an
                 estate
                 of
                 Franckiut
                 .
                 for
                 an
                 other
                 mans
                 life
                 by
                 our
                 Lawes
                 ,
                 may
                 at
                 this
                 day
                 be
                 gotten
                 by
                 entrie
                 .
                 As
                 a
                 man
                 called
                 A.
                 hauing
                 land
                 conueyed
                 vnto
                 him
                 for
                 the
                 life
                 of
                 B.
                 dyeth
                 without
                 making
                 any
                 estate
                 of
                 it
                 ,
                 there
                 whosoeuer
                 first
                 entreth
                 into
                 the
                 Land
                 ,
                 after
                 the
                 decease
                 of
                 A.
                 getteth
                 the
                 propertie
                 in
                 the
                 Land
                 for
                 time
                 of
                 continuance
                 of
                 the
                 estate
                 which
                 was
                 granted
                 to
                 A.
                 for
                 the
                 life
                 of
                 B.
                 which
                 B.
                 yet
                 liueth
                 ,
                 and
                 therefore
                 the
                 said
                 Law
                 cannot
                 reuert
                 to
                 him
                 .
                 And
                 to
                 the
                 heire
                 of
                 A.
                 it
                 cannot
                 goe
                 ,
                 for
                 that
                 it
                 is
                 not
                 any
                 state
                 of
                 inheritance
                 but
                 onely
                 
                 an
                 estate
                 for
                 another
                 mans
                 life
                 ;
                 which
                 is
                 not
                 deseendable
                 to
                 the
                 heire
                 ,
                 except
                 he
                 be
                 specially
                 named
                 in
                 the
                 grant
                 :
                 viz.
                 To
                 him
                 and
                 his
                 heires
                 .
                 As
                 for
                 the
                 Exccutors
                 
                 of
                 A.
                 they
                 cannot
                 haue
                 it
                 ,
                 for
                 it
                 s
                 not
                 an
                 estate
                 testamentory
                 that
                 should
                 goe
                 to
                 the
                 Executors
                 as
                 goods
                 and
                 Chatrels
                 should
                 ,
                 so
                 as
                 in
                 truth
                 ,
                 no
                 man
                 can
                 intitle
                 himselfe
                 vnto
                 those
                 Lands
                 ;
                 and
                 therefore
                 ,
                 the
                 Law
                 preferreth
                 him
                 that
                 first
                 entreth
                 ,
                 and
                 he
                 is
                 called
                 Occupans
                 and
                 shall
                 hold
                 it
                 during
                 the
                 life
                 of
                 B.
                 but
                 must
                 pay
                 the
                 rent
                 ,
                 performe
                 the
                 conditions
                 ,
                 and
                 doe
                 no
                 wast
                 .
                 And
                 he
                 may
                 by
                 deed
                 assigne
                 it
                 to
                 whom
                 he
                 please
                 in
                 his
                 life
                 time
                 .
                 But
                 if
                 he
                 die
                 ,
                 before
                 he
                 assigne
                 it
                 ouer
                 ,
                 then
                 it
                 shall
                 goe
                 againe
                 to
                 him
                 whomsoeuer
                 entreth
                 .
                 And
                 so
                 all
                 the
                 life
                 of
                 B.
                 so
                 often
                 as
                 it
                 shall
                 happen
                 .
              
               
                 Propertie
                 of
                 Lands
                 by
                 discent
                 is
                 ,
                 where
                 
                 a
                 man
                 hath
                 Lands
                 of
                 inheritance
                 and
                 dyeth
                 not
                 disposing
                 of
                 them
                 ,
                 but
                 leauing
                 it
                 to
                 goe
                 as
                 the
                 Law
                 casteth
                 it
                 vpon
                 the
                 heire
                 .
                 This
                 is
                 called
                 discent
                 of
                 Land
                 ,
                 and
                 vpon
                 whom
                 the
                 discent
                 is
                 to
                 light
                 ,
                 is
                 the
                 question
                 .
                 For
                 which
                 purpose
                 the
                 Law
                 of
                 inheritance
                 preferreth
                 the
                 first
                 Child
                 before
                 all
                 others
                 ,
                 and
                 amongst
                 children
                 the
                 male
                 before
                 the
                 female
                 ,
                 and
                 amongst
                 males
                 the
                 first
                 borne
                 .
                 If
                 there
                 bee
                 no
                 Children
                 then
                 the
                 Brother
                 ,
                 if
                 no
                 Brothers
                 ,
                 then
                 sisters
                 ,
                 if
                 neyther
                 Brothers
                 nor
                 Sisters
                 ,
                 then
                 Vnckles
                 ,
                 and
                 for
                 lacke
                 of
                 Vncles
                 ,
                 Ants
                 ,
                 if
                 none
                 of
                 them
                 ,
                 then
                 Couzens
                 in
                 the
                 necrest
                 degree
                 of
                 consanguinity
                 ,
                 with
                 these
                 
                 three
                 rules
                 of
                 diuersities
                 .
                 1.
                 
                 That
                 the
                 Eldest
                 
                 male
                 shall
                 safely
                 inherit
                 ;
                 but
                 if
                 it
                 come
                 to
                 females
                 ,
                 then
                 they
                 being
                 all
                 in
                 an
                 equall
                 degree
                 of
                 neerenes
                 shall
                 inherit
                 altogether
                 
                 and
                 are
                 called
                 Parceners
                 ,
                 and
                 all
                 they
                 make
                 but
                 one
                 heire
                 to
                 the
                 Ancestor
                 .
                 2.
                 
                 That
                 no
                 brother
                 nor
                 sister
                 of
                 the
                 halfe
                 blood
                 shall
                 inherit
                 to
                 his
                 brother
                 or
                 sister
                 ,
                 but
                 as
                 a
                 Child
                 to
                 his
                 Parents
                 ,
                 as
                 for
                 example
                 .
                 If
                 a
                 man
                 haue
                 two
                 wiues
                 ,
                 and
                 by
                 either
                 wife
                 a
                 sonne
                 ,
                 the
                 eldest
                 sonne
                 ouerliuing
                 his
                 Father
                 is
                 to
                 be
                 preferred
                 to
                 the
                 inheritance
                 of
                 the
                 Father
                 being
                 Fee-simple
                 ;
                 But
                 if
                 he
                 entreth
                 and
                 dyeth
                 without
                 a
                 child
                 ,
                 the
                 Brother
                 shall
                 not
                 be
                 his
                 heire
                 ,
                 because
                 he
                 is
                 of
                 the
                 halfe
                 bloud
                 to
                 him
                 ,
                 but
                 the
                 Vnckle
                 of
                 the
                 eldest
                 Brother
                 or
                 Sister
                 of
                 the
                 whole
                 bloud
                 ,
                 yet
                 if
                 the
                 eldest
                 Brother
                 had
                 dyed
                 in
                 the
                 life
                 of
                 the
                 Father
                 ,
                 then
                 the
                 youngest
                 Brother
                 should
                 inherit
                 the
                 Land
                 that
                 the
                 Father
                 had
                 ,
                 although
                 it
                 were
                 a
                 child
                 by
                 the
                 second
                 wife
                 ,
                 before
                 any
                 daughter
                 by
                 the
                 first
                 .
                 The
                 third
                 rule
                 about
                 discents
                 .
                 That
                 land
                 purchased
                 by
                 the
                 partie
                 himselfe
                 that
                 dyeth
                 ,
                 is
                 to
                 be
                 inherited
                 ;
                 first
                 ,
                 by
                 the
                 heires
                 of
                 the
                 Fathers
                 side
                 ,
                 then
                 if
                 he
                 haue
                 none
                 of
                 that
                 part
                 by
                 the
                 heires
                 of
                 the
                 Mothers
                 side
                 .
                 But
                 Land
                 descended
                 to
                 him
                 from
                 his
                 father
                 or
                 mother
                 ,
                 are
                 to
                 go
                 to
                 that
                 side
                 only
                 
                 from
                 which
                 they
                 came
                 ,
                 and
                 not
                 to
                 the
                 other
                 side
                 .
              
               
               
                 Those
                 Rules
                 of
                 discent
                 mentioned
                 before
                 are
                 to
                 bee
                 vnderstood
                 of
                 Fee
                 simples
                 and
                 not
                 of
                 entailed
                 Lands
                 ,
                 and
                 those
                 rules
                 are
                 to
                 bee
                 restrained
                 by
                 some
                 particular
                 customes
                 of
                 some
                 particular
                 places
                 :
                 as
                 namely
                 ,
                 the
                 custome
                 of
                 Kent
                 ,
                 that
                 euery
                 male
                 of
                 equall
                 degree
                 of
                 Childhood
                 ,
                 Brotherhood
                 or
                 kindred
                 ,
                 shall
                 inherit
                 equally
                 ,
                 
                 as
                 daughters
                 shall
                 being
                 Parceners
                 ,
                 and
                 in
                 many
                 Burrough
                 Townes
                 of
                 England
                 ,
                 the
                 Custome
                 alloweth
                 the
                 youngest
                 sonne
                 to
                 inherit
                 ,
                 and
                 so
                 the
                 youngest
                 Daughter
                 .
                 The
                 Custome
                 of
                 Kent
                 is
                 called
                 Ganel
                 kind
                 .
                 The
                 Custome
                 of
                 Boroughes
                 Burgh
                 English
                 .
              
               
                 And
                 there
                 is
                 another
                 note
                 to
                 bee
                 obserued
                 in
                 Fee-simple
                 inheritance
                 ,
                 and
                 that
                 is
                 ,
                 that
                 euerie
                 heire
                 hauing
                 Land
                 or
                 inheritance
                 ,
                 be
                 it
                 by
                 common
                 Law
                 or
                 by
                 Custome
                 is
                 chargeable
                 ,
                 so
                 farre
                 forth
                 as
                 the
                 value
                 thereof
                 extendeth
                 with
                 the
                 binding
                 acts
                 of
                 the
                 Ancestors
                 from
                 whom
                 the
                 inheritance
                 descendeth
                 ;
                 and
                 these
                 acts
                 are
                 colaterall
                 encombrances
                 ,
                 and
                 the
                 reason
                 of
                 this
                 charge
                 is
                 ,
                 
                   Qui
                   sentit
                   commodum
                   sentire
                   debet
                   incommodum
                   siue
                   onus
                   .
                
                 As
                 for
                 
                 example
                 ,
                 if
                 a
                 man
                 bind
                 himselfe
                 and
                 his
                 heires
                 in
                 an
                 obligation
                 or
                 doe
                 Couenant
                 by
                 writing
                 for
                 him
                 and
                 his
                 heires
                 ,
                 or
                 doe
                 
                 grant
                 an
                 Anuity
                 for
                 him
                 &
                 his
                 heires
                 ,
                 which
                 warrantie
                 in
                 all
                 these
                 cases
                 ,
                 the
                 Law
                 chargeth
                 the
                 heire
                 after
                 the
                 death
                 of
                 the
                 Auncestor
                 with
                 this
                 Obligation
                 ;
                 Couenant
                 ,
                 Annuitie
                 ,
                 Warrantie
                 ,
                 Yet
                 with
                 these
                 three
                 Cautions
                 .
                 1.
                 
                 That
                 the
                 partie
                 must
                 by
                 speciall
                 name
                 bind
                 himselfe
                 and
                 his
                 heires
                 ,
                 or
                 Couenant
                 ,
                 grant
                 ,
                 and
                 warrant
                 for
                 himselfe
                 and
                 his
                 heires
                 ;
                 otherwise
                 ,
                 the
                 heire
                 is
                 not
                 to
                 bee
                 touched
                 .
                 Secondly
                 ,
                 that
                 some
                 action
                 must
                 be
                 brought
                 against
                 the
                 heire
                 ,
                 
                 whilst
                 the
                 Land
                 or
                 other
                 inheritance
                 resteth
                 in
                 him
                 vnaliened
                 away
                 ;
                 For
                 if
                 the
                 Ancestor
                 dye
                 ,
                 and
                 the
                 heire
                 before
                 an
                 action
                 be
                 brought
                 against
                 him
                 ,
                 vpon
                 those
                 Bonds
                 ,
                 Couenants
                 ,
                 or
                 Warranties
                 ,
                 doe
                 alien
                 away
                 the
                 Land
                 ,
                 then
                 the
                 heire
                 is
                 cleane
                 discharged
                 of
                 the
                 Burthen
                 ,
                 except
                 the
                 Land
                 was
                 by
                 fraud
                 conueyed
                 away
                 of
                 purpose
                 ,
                 to
                 preuent
                 the
                 suite
                 intended
                 against
                 him
                 .
                 Thirdly
                 ,
                 that
                 no
                 heire
                 is
                 further
                 to
                 bee
                 charged
                 ,
                 then
                 the
                 value
                 of
                 the
                 Land
                 descended
                 vnto
                 him
                 ,
                 for
                 the
                 same
                 Ancestor
                 that
                 made
                 the
                 instrument
                 of
                 charge
                 ,
                 and
                 that
                 Land
                 also
                 not
                 to
                 bee
                 sold
                 outright
                 ,
                 but
                 to
                 bee
                 kept
                 in
                 extent
                 and
                 at
                 a
                 yearely
                 value
                 
                 vntill
                 the
                 debt
                 or
                 damage
                 be
                 runne
                 out
                 ,
                 neuerthelesse
                 ,
                 if
                 an
                 heire
                 that
                 is
                 sure
                 vpon
                 such
                 a
                 debt
                 of
                 his
                 Ancestor
                 ,
                 doe
                 not
                 deale
                 clearely
                 with
                 the
                 Court
                 ,
                 when
                 he
                 is
                 sued
                 ;
                 that
                 is
                 ,
                 if
                 hee
                 come
                 not
                 immediately
                 by
                 
                 way
                 of
                 confession
                 and
                 set
                 downe
                 the
                 true
                 quantitie
                 of
                 his
                 inheritance
                 descended
                 ,
                 and
                 so
                 submit
                 himselfe
                 ;
                 therefore
                 ,
                 as
                 the
                 Law
                 requireth
                 .
                 Then
                 that
                 heire
                 that
                 otherwise
                 demeaneth
                 himselfe
                 ,
                 shal
                 be
                 charged
                 of
                 his
                 
                 his
                 owne
                 other
                 Lands
                 and
                 goods
                 ,
                 and
                 of
                 money
                 for
                 this
                 deed
                 of
                 his
                 Ancestor
                 .
                 As
                 for
                 example
                 .
                 If
                 a
                 man
                 bind
                 himselfe
                 and
                 his
                 heires
                 in
                 an
                 obligation
                 ,
                 and
                 dyeth
                 leauing
                 but
                 10.
                 
                 Acres
                 of
                 Land
                 to
                 his
                 heire
                 ,
                 if
                 his
                 heire
                 be
                 sued
                 vpon
                 the
                 bond
                 ,
                 &
                 commeth
                 in
                 ,
                 and
                 denieth
                 that
                 he
                 hath
                 any
                 by
                 discent
                 ,
                 and
                 it
                 is
                 found
                 against
                 him
                 by
                 the
                 verdict
                 that
                 he
                 hath
                 10.
                 
                 Acres
                 ,
                 this
                 heire
                 shall
                 bee
                 now
                 charges
                 by
                 his
                 false
                 plea
                 of
                 his
                 owne
                 lands
                 goods
                 and
                 bodie
                 to
                 pay
                 the
                 100l.
                 although
                 the
                 10.
                 
                 Acres
                 be
                 not
                 worth
                 10l.
              
               
                 Propertie
                 of
                 Lands
                 by
                 Escheat
                 ,
                 is
                 where
                 
                 the
                 owder
                 dyeth
                 ,
                 seizeth
                 of
                 the
                 lands
                 in
                 possession
                 without
                 child
                 or
                 other
                 heire
                 thereby
                 the
                 Land
                 for
                 lacke
                 of
                 other
                 heire
                 ,
                 is
                 said
                 to
                 Escheat
                 to
                 the
                 Lord
                 of
                 whom
                 it
                 is
                 holden
                 .
                 This
                 lacke
                 of
                 heire
                 happeneth
                 principally
                 in
                 two
                 cases
                 .
                 1.
                 where
                 the
                 Lands
                 owner
                 is
                 a
                 
                 bastard
                 .
                 2.
                 
                 Where
                 he
                 is
                 attainted
                 of
                 Felonic
                 or
                 Treason
                 ,
                 neither
                 can
                 a
                 Bastard
                 haue
                 any
                 heire
                 except
                 it
                 be
                 his
                 owne
                 child
                 nor
                 a
                 man
                 attainted
                 of
                 Treason
                 ,
                 although
                 it
                 be
                 his
                 owne
                 child
                 .
              
               
               
                 Vpon
                 Attainder
                 of
                 treason
                 the
                 King
                 is
                 
                 to
                 haue
                 the
                 land
                 although
                 hee
                 be
                 not
                 the
                 
                 Lord
                 of
                 whom
                 it
                 is
                 held
                 ,
                 because
                 it
                 is
                 a
                 Royall
                 Escheat
                 .
                 But
                 for
                 felonie
                 it
                 is
                 not
                 so
                 ,
                 for
                 there
                 the
                 King
                 is
                 not
                 to
                 haue
                 the
                 Escheat
                 ,
                 except
                 the
                 Land
                 be
                 holden
                 of
                 him
                 .
                 And
                 yet
                 where
                 the
                 Land
                 is
                 not
                 holden
                 of
                 him
                 the
                 King
                 is
                 to
                 haue
                 the
                 Land
                 for
                 a
                 yeare
                 and
                 a
                 day
                 next
                 ensuing
                 the
                 judgment
                 of
                 the
                 Attainder
                 ,
                 with
                 a
                 libertie
                 to
                 commit
                 all
                 manner
                 of
                 wast
                 all
                 that
                 yeare
                 in
                 houses
                 ,
                 gardens
                 ,
                 ponds
                 ,
                 lands
                 and
                 woods
                 .
              
               
                 In
                 these
                 Escheats
                 ,
                 two
                 things
                 are
                 especially
                 
                 to
                 be
                 obserued
                 ;
                 the
                 one
                 is
                 ,
                 the
                 tenure
                 of
                 the
                 lands
                 ,
                 because
                 it
                 directeth
                 the
                 person
                 to
                 whom
                 the
                 Escheat
                 belongeth
                 :
                 viz.
                 the
                 
                 Lord
                 of
                 the
                 Mannor
                 of
                 whom
                 the
                 Land
                 is
                 
                 holden
                 .
                 2.
                 
                 The
                 manner
                 of
                 such
                 attainder
                 which
                 draweth
                 with
                 it
                 the
                 Escheat
                 ,
                 concerning
                 the
                 Tenures
                 of
                 Lands
                 ,
                 it
                 is
                 to
                 bee
                 vnderstood
                 ,
                 that
                 all
                 lands
                 are
                 holden
                 of
                 the
                 Crowne
                 either
                 mediately
                 or
                 immediately
                 ,
                 and
                 that
                 the
                 Escheat
                 appertaineth
                 to
                 the
                 
                 immediate
                 Lord
                 ,
                 and
                 not
                 to
                 the
                 mediate
                 .
                 The
                 reason
                 why
                 all
                 land
                 is
                 holden
                 of
                 the
                 Crowne
                 immediatly
                 or
                 by
                 Mesne
                 Lords
                 is
                 this
                 .
              
               
                 The
                 Conqueror
                 got
                 by
                 right
                 of
                 Conquest
                 all
                 the
                 land
                 of
                 the
                 Realme
                 into
                 his
                 owne
                 
                 
                 hands
                 in
                 demeasne
                 ,
                 taking
                 from
                 euery
                 man
                 all
                 estate
                 ,
                 Tenure
                 ,
                 propertie
                 and
                 libertie
                 
                 of
                 the
                 same
                 ,
                 (
                 except
                 Religious
                 and
                 Church
                 lands
                 ,
                 and
                 the
                 Land
                 in
                 Kent
                 )
                 and
                 
                 still
                 as
                 hee
                 gaue
                 any
                 of
                 it
                 out
                 of
                 his
                 owne
                 hand
                 ,
                 he
                 reserued
                 some
                 retribution
                 of
                 rents
                 or
                 seruices
                 or
                 both
                 ,
                 to
                 him
                 and
                 to
                 
                 his
                 heires
                 ;
                 which
                 reseruation
                 ,
                 is
                 that
                 ,
                 which
                 
                 is
                 called
                 the
                 tenure
                 of
                 Land.
                 
                 
              
               
                 In
                 which
                 reseruation
                 ,
                 he
                 had
                 foure
                 Institutions
                 ,
                 
                 exceeding
                 politique
                 ,
                 and
                 sutable
                 to
                 the
                 state
                 of
                 a
                 Conqueror
                 .
              
               
                 Seeing
                 his
                 people
                 to
                 be
                 part
                 Normans
                 ,
                 and
                 part
                 Saxons
                 ,
                 the
                 Normans
                 he
                 brought
                 with
                 him
                 ,
                 the
                 Saxons
                 hee
                 found
                 heere
                 :
                 hee
                 bent
                 himselfe
                 to
                 inioyne
                 them
                 by
                 marriages
                 in
                 amitie
                 ,
                 and
                 for
                 that
                 purpose
                 ordaines
                 ,
                 that
                 if
                 those
                 of
                 his
                 noble
                 Knights
                 and
                 Gentlemen
                 ,
                 to
                 whom
                 hee
                 gaue
                 great
                 rewards
                 of
                 Lands
                 should
                 dye
                 ,
                 leauing
                 their
                 heire
                 within
                 age
                 ,
                 a
                 Male
                 within
                 21.
                 and
                 a
                 femalle
                 within
                 14.
                 yeares
                 ,
                 and
                 vnmarried
                 ,
                 then
                 the
                 King
                 should
                 haue
                 the
                 bestowing
                 of
                 such
                 heires
                 
                 in
                 marriage
                 in
                 such
                 family
                 ,
                 and
                 to
                 such
                 persons
                 as
                 hee
                 should
                 thinke
                 meet
                 ,
                 which
                 interest
                 of
                 marriage
                 went
                 still
                 imployed
                 ,
                 and
                 doth
                 at
                 this
                 day
                 in
                 euery
                 tenure
                 called
                 Knights
                 seruice
                 .
              
               
               
                 The
                 second
                 was
                 to
                 the
                 end
                 ,
                 that
                 his
                 
                 people
                 should
                 still
                 bee
                 conserued
                 in
                 warlike
                 exercises
                 and
                 able
                 for
                 his
                 defence
                 ;
                 when
                 therefore
                 ,
                 he
                 gaue
                 any
                 good
                 Portion
                 of
                 Lands
                 ,
                 that
                 might
                 make
                 the
                 partie
                 of
                 abilitie
                 or
                 strength
                 ,
                 hee
                 with
                 all
                 reserued
                 this
                 seruice
                 .
                 That
                 that
                 partie
                 and
                 his
                 heire
                 hauing
                 such
                 Lands
                 ,
                 should
                 keepe
                 a
                 horse
                 of
                 seruice
                 continually
                 ,
                 &
                 serue
                 vpon
                 him
                 himselfe
                 when
                 the
                 King
                 went
                 to
                 wars
                 ,
                 or
                 else
                 hauing
                 impediment
                 ,
                 to
                 excuse
                 his
                 owne
                 person
                 ,
                 should
                 find
                 an
                 other
                 to
                 serue
                 in
                 his
                 place
                 ;
                 which
                 seruice
                 of
                 horse
                 and
                 man
                 ,
                 is
                 a
                 part
                 of
                 that
                 seruice
                 called
                 Knights
                 seruice
                 at
                 this
                 day
                 .
              
               
                 But
                 if
                 the
                 Tenant
                 himselfe
                 be
                 an
                 Infant
                 ,
                 the
                 King
                 is
                 to
                 hold
                 this
                 Land
                 himselfe
                 vntill
                 hee
                 come
                 to
                 full
                 age
                 ,
                 finding
                 him
                 meat
                 ,
                 drinke
                 ,
                 apparell
                 ,
                 and
                 other
                 necessaries
                 ,
                 and
                 finding
                 a
                 horse
                 and
                 a
                 man
                 ,
                 with
                 the
                 ouerplus
                 to
                 serue
                 in
                 the
                 warres
                 ,
                 as
                 the
                 Tenant
                 himselfe
                 should
                 doe
                 if
                 he
                 were
                 at
                 full
                 age
                 .
              
               
                 But
                 if
                 this
                 inheritance
                 descend
                 vpon
                 a
                 woman
                 ,
                 that
                 cannot
                 serue
                 by
                 her
                 sex
                 ,
                 then
                 the
                 King
                 is
                 not
                 to
                 haue
                 the
                 Lands
                 ,
                 she
                 being
                 of
                 14.
                 yeares
                 of
                 age
                 ,
                 because
                 shee
                 is
                 then
                 able
                 to
                 haue
                 an
                 husband
                 ,
                 that
                 may
                 do
                 the
                 seruice
                 in
                 person
                 .
              
               
               
                 The
                 third
                 Institution
                 
                 that
                 vpon
                 euery
                 guilt
                 of
                 
                 Land
                 the
                 King
                 reserued
                 a
                 vow
                 and
                 an
                 Oath
                 to
                 bind
                 the
                 partie
                 to
                 his
                 faith
                 and
                 loyaltie
                 ,
                 that
                 vow
                 was
                 called
                 Homage
                 ,
                 the
                 oath
                 Fcaltie
                 ;
                 Homage
                 ,
                 is
                 to
                 be
                 done
                 kneeling
                 holding
                 his
                 hands
                 
                 betweene
                 the
                 knees
                 of
                 
                 the
                 Lord
                 ,
                 saying
                 in
                 the
                 French
                 tongue
                 ;
                 I
                 become
                 your
                 man
                 of
                 Life
                 and
                 Lands
                 ,
                 and
                 earthly
                 honour
                 .
                 Fealtie
                 ,
                 is
                 to
                 take
                 an
                 oath
                 vpon
                 a
                 booke
                 ,
                 that
                 hee
                 will
                 be
                 a
                 faithfull
                 Tenant
                 to
                 the
                 King
                 and
                 doe
                 his
                 seruice
                 ,
                 and
                 pay
                 his
                 rents
                 according
                 to
                 his
                 tenure
                 .
              
               
                 The
                 4.
                 
                 Institution
                 ,
                 
                 was
                 for
                 Recognizon
                 of
                 
                 the
                 Kings
                 bounty
                 by
                 euery
                 heire
                 succeding
                 his
                 ancestor
                 in
                 those
                 Kts.
                 seruice
                 lands
                 ,
                 the
                 King
                 should
                 haue
                 
                   Primer
                   seissin
                
                 of
                 the
                 lands
                 ,
                 which
                 is
                 one
                 yeares
                 profit
                 of
                 the
                 lands
                 ,
                 and
                 vntill
                 this
                 bee
                 paid
                 the
                 King
                 is
                 to
                 haue
                 possession
                 of
                 the
                 land
                 ,
                 &
                 then
                 
                 to
                 restore
                 it
                 to
                 the
                 heire
                 which
                 continueth
                 at
                 this
                 day
                 in
                 vle
                 ,
                 and
                 is
                 the
                 very
                 cause
                 of
                 suing
                 Liuerie
                 ,
                 and
                 that
                 as
                 well
                 where
                 the
                 heire
                 hath
                 bin
                 in
                 ward
                 or
                 otherwise
                 .
              
               
                 These
                 before
                 mentioned
                 by
                 the
                 rights
                 of
                 
                 tenure
                 ,
                 are
                 called
                 Knights
                 seruice
                 in
                 Capite
                 ,
                 which
                 is
                 as
                 much
                 to
                 say
                 ,
                 as
                 tenure
                 
                   de
                   per
                   sona
                   Regis
                   &
                   Caput
                   ,
                
                 being
                 called
                 the
                 chiefest
                 part
                 of
                 the
                 person
                 ,
                 it
                 is
                 called
                 a
                 Tenure
                 in
                 Capite
                 ,
                 or
                 in
                 Chiefe
                 .
                 And
                 it
                 s
                 also
                 to
                 be
                 noted
                 ,
                 that
                 as
                 this
                 tenure
                 by
                 Capite
                 in
                 Knights
                 seruice
                 generally
                 was
                 a
                 great
                 safetie
                 to
                 the
                 Crowne
                 ,
                 so
                 also
                 the
                 Conquerour
                 instituted
                 
                 other
                 tenures
                 in
                 Capite
                 necessary
                 to
                 his
                 estate
                 ;
                 as
                 namely
                 ,
                 he
                 gaue
                 diuers
                 lands
                 to
                 be
                 holden
                 of
                 him
                 by
                 some
                 speciall
                 Seruice
                 about
                 his
                 person
                 ,
                 or
                 by
                 hauing
                 some
                 speciall
                 Office
                 in
                 his
                 house
                 ,
                 or
                 in
                 the
                 Field
                 ,
                 which
                 haue
                 Knights
                 seruice
                 and
                 more
                 in
                 them
                 ,
                 And
                 these
                 hee
                 called
                 .
                 Tenures
                 
                 by
                 
                   Grand
                   Sarjantie
                
                 .
                 Also
                 hee
                 provided
                 vpon
                 the
                 first
                 guift
                 of
                 Lands
                 ,
                 to
                 haue
                 Reuenues
                 by
                 continuall
                 Seruice
                 of
                 Ploughing
                 his
                 Land
                 ,
                 repairing
                 his
                 Houses
                 ,
                 Parkes
                 pales
                 ,
                 Castles
                 and
                 the
                 like
                 .
                 And
                 sometimes
                 to
                 a
                 yearely
                 prouision
                 of
                 Gloues
                 ,
                 Spurres
                 ,
                 Hawkes
                 ,
                 Horses
                 ,
                 and
                 Hounds
                 and
                 the
                 like
                 ;
                 which
                 kind
                 of
                 reseruations
                 are
                 called
                 also
                 tenures
                 in
                 Chiefe
                 or
                 
                 in
                 Capite
                 of
                 the
                 King
                 ,
                 but
                 they
                 are
                 not
                 by
                 Knights
                 seruice
                 .
                 But
                 such
                 things
                 as
                 the
                 Tenants
                 may
                 hire
                 another
                 to
                 doe
                 or
                 prouide
                 for
                 his
                 money
                 .
                 And
                 this
                 Tenure
                 is
                 called
                 a
                 tenure
                 by
                 Soccage
                 in
                 Capite
                 ,
                 the
                 word
                 Soccagium
                 signifying
                 the
                 Plough
                 ,
                 
                 howbeit
                 in
                 this
                 later
                 time
                 ,
                 the
                 Seruice
                 of
                 Ploughing
                 the
                 land
                 is
                 turned
                 into
                 money
                 rent
                 ,
                 and
                 so
                 of
                 Haruest
                 workes
                 ,
                 for
                 that
                 the
                 Kings
                 doe
                 not
                 keep
                 their
                 Demeasne
                 in
                 their
                 owne
                 hands
                 as
                 they
                 were
                 wont
                 to
                 
                 doe
                 ,
                 yet
                 what
                 Lands
                 were
                 
                   De
                   antiquo
                   Dominico
                   Corona
                
                 ,
                 it
                 well
                 appeareth
                 in
                 the
                 Records
                 of
                 the
                 Exchequer
                 called
                 the
                 book
                 of
                 Dommesday
                 .
                 And
                 the
                 Tenants
                 by
                 auntient
                 Demeasne
                 ,
                 haue
                 many
                 Innuities
                 and
                 Priuiledges
                 at
                 this
                 day
                 ,
                 that
                 in
                 auntient
                 times
                 were
                 granted
                 vnto
                 those
                 Tenants
                 by
                 the
                 Crowne
                 ,
                 the
                 particulars
                 whereof
                 are
                 too
                 long
                 to
                 set
                 downe
                 .
              
               
                 These
                 Tenures
                 in
                 Capite
                 ,
                 as
                 well
                 as
                 that
                 by
                 Soccage
                 ,
                 as
                 the
                 others
                 by
                 
                   Knights
                   seruice
                
                 haue
                 this
                 propertie
                 ;
                 that
                 the
                 antient
                 Tenants
                 cannot
                 alien
                 their
                 Lands
                 without
                 licence
                 of
                 the
                 King
                 ,
                 if
                 hee
                 doe
                 ,
                 the
                 King
                 is
                 to
                 haue
                 a
                 Fine
                 for
                 the
                 contempt
                 ,
                 and
                 may
                 seize
                 the
                 land
                 ,
                 and
                 retaine
                 it
                 vntill
                 the
                 fine
                 bee
                 paid
                 .
                 And
                 the
                 reason
                 is
                 ,
                 because
                 the
                 King
                 would
                 haue
                 a
                 libertie
                 in
                 the
                 choyce
                 of
                 his
                 Tenant
                 ,
                 so
                 that
                 no
                 man
                 should
                 presume
                 to
                 enter
                 into
                 those
                 Lands
                 and
                 
                 hold
                 them
                 (
                 for
                 which
                 the
                 King
                 was
                 to
                 haue
                 those
                 special
                 seruices
                 done
                 him
                 )
                 without
                 the
                 Kings
                 leaue
                 ;
                 This
                 licence
                 and
                 fine
                 as
                 it
                 is
                 now
                 disgested
                 is
                 easie
                 and
                 of
                 course
                 .
              
               
                 There
                 is
                 an
                 office
                 called
                 the
                 office
                 of
                 Alienation
                 ,
                 whereby
                 any
                 man
                 may
                 haue
                 alicence
                 
                 at
                 a
                 reasonable
                 rate
                 ,
                 it
                 is
                 at
                 the
                 third
                 part
                 of
                 one
                 yeares
                 value
                 of
                 the
                 Land
                 moderately
                 rated
                 .
                 A
                 Tenant
                 in
                 Capite
                 by
                 
                 Knights
                 seruice
                 or
                 grand
                 Seriantie
                 ,
                 was
                 restrained
                 by
                 antient
                 Statute
                 ,
                 that
                 he
                 should
                 not
                 giue
                 nor
                 alien
                 away
                 more
                 of
                 his
                 Lands
                 ,
                 then
                 that
                 with
                 the
                 rest
                 hee
                 might
                 bee
                 able
                 to
                 doe
                 the
                 seruice
                 due
                 to
                 the
                 King
                 ,
                 and
                 this
                 is
                 now
                 out
                 of
                 
                 vse
                 .
              
               
                 And
                 to
                 this
                 Tenure
                 by
                 Knights
                 Seruice
                 in
                 chiefe
                 ,
                 was
                 incident
                 that
                 the
                 King
                 should
                 haue
                 a
                 certaine
                 summe
                 of
                 money
                 ,
                 called
                 
                 Aid
                 ;
                 due
                 to
                 bee
                 ratably
                 leauied
                 among
                 if
                 all
                 those
                 Tenants
                 proportionably
                 to
                 his
                 Lands
                 ,
                 to
                 make
                 his
                 eldest
                 Sonne
                 a
                 Knight
                 ;
                 or
                 to
                 marry
                 his
                 eldest
                 Daughter
                 .
              
               
                 And
                 it
                 is
                 to
                 bee
                 noted
                 ,
                 that
                 all
                 those
                 
                 that
                 hold
                 Lands
                 by
                 the
                 Tenure
                 of
                 Soccage
                 in
                 Capite
                 (
                 although
                 not
                 by
                 Knights
                 seruice
                 )
                 cannot
                 alien
                 without
                 licence
                 ,
                 and
                 
                 they
                 are
                 to
                 sue
                 liuery
                 ,
                 and
                 pay
                 Primer
                 Seisin
                 ,
                 and
                 not
                 to
                 be
                 in
                 Ward
                 for
                 bodie
                 or
                 Land.
                 
              
               
                 By
                 example
                 and
                 resemblance
                 of
                 the
                 
                 Kings
                 policie
                 in
                 these
                 Institutions
                 of
                 Tenures
                 ;
                 the
                 Great
                 men
                 and
                 Gentlemen
                 of
                 this
                 Realme
                 did
                 the
                 like
                 so
                 neere
                 as
                 they
                 could
                 ;
                 as
                 for
                 example
                 ,
                 when
                 the
                 King
                 had
                 giuen
                 to
                 any
                 of
                 them
                 two
                 thousand
                 Acres
                 of
                 Land
                 ,
                 this
                 partie
                 purposing
                 in
                 this
                 place
                 to
                 make
                 his
                 dwelling
                 (
                 or
                 as
                 the
                 old
                 word
                 is
                 )
                 his
                 Mansion
                 house
                 ;
                 or
                 his
                 Mannor
                 house
                 ,
                 did
                 deuise
                 how
                 he
                 might
                 make
                 his
                 Land
                 a
                 Compleat
                 habitation
                 to
                 supply
                 him
                 with
                 all
                 manner
                 of
                 necessaries
                 ,
                 and
                 for
                 that
                 purpose
                 ,
                 hee
                 would
                 giue
                 of
                 the
                 outtermost
                 parts
                 of
                 two
                 thousand
                 Acres
                 ,
                 100.
                 or
                 200.
                 
                 Acres
                 or
                 more
                 or
                 
                 lesse
                 ,
                 as
                 he
                 should
                 thinke
                 meet
                 :
                 to
                 one
                 of
                 his
                 most
                 trustie
                 Seruants
                 with
                 some
                 reseruation
                 of
                 rent
                 to
                 find
                 a
                 horse
                 for
                 the
                 Warres
                 ,
                 and
                 goe
                 with
                 him
                 when
                 he
                 went
                 with
                 the
                 King
                 to
                 the
                 Warres
                 ,
                 adding
                 vowe
                 of
                 Homage
                 ,
                 and
                 the
                 Oath
                 of
                 Fealtie
                 ,
                 Wardship
                 ,
                 Marriage
                 ,
                 and
                 reliefe
                 .
                 
                 
                 This
                 Reliefe
                 is
                 to
                 pay
                 fiue
                 pound
                 for
                 euery
                 Knights
                 Fee
                 ,
                 or
                 after
                 the
                 rate
                 for
                 more
                 or
                 
                 lesse
                 at
                 the
                 entrance
                 of
                 euerie
                 Heire
                 ,
                 which
                 Tenant
                 so
                 created
                 and
                 placed
                 ,
                 was
                 and
                 is
                 to
                 this
                 day
                 called
                 a
                 Tenant
                 by
                 Knights
                 Seruice
                 ,
                 and
                 not
                 by
                 his
                 owne
                 person
                 ,
                 but
                 of
                 his
                 Mannors
                 ;
                 of
                 these
                 hee
                 might
                 make
                 as
                 many
                 as
                 hee
                 would
                 .
                 Then
                 this
                 Lord
                 would
                 prouide
                 that
                 the
                 Land
                 which
                 hee
                 was
                 to
                 keepe
                 for
                 his
                 owne
                 vse
                 ,
                 should
                 bee
                 ploughed
                 ,
                 and
                 his
                 Haruest
                 brought
                 home
                 ,
                 his
                 House
                 repayred
                 ,
                 his
                 Parke
                 pailed
                 and
                 the
                 like
                 ,
                 
                 and
                 for
                 that
                 end
                 would
                 giue
                 some
                 lesser
                 parcels
                 to
                 sundry
                 others
                 ,
                 of
                 twentie
                 ,
                 thirtie
                 ,
                 fortie
                 or
                 fiftie
                 Acres
                 ;
                 reseruing
                 the
                 seruice
                 of
                 ploughing
                 a
                 certaine
                 quantitie
                 or
                 so
                 many
                 clayes
                 of
                 his
                 Land
                 ,
                 and
                 certaine
                 Haruest
                 workes
                 or
                 dayes
                 in
                 the
                 Haruest
                 to
                 labour
                 or
                 to
                 repaire
                 the
                 House
                 ,
                 Parke
                 ,
                 Pale
                 ,
                 or
                 otherwise
                 ,
                 or
                 to
                 giue
                 him
                 for
                 his
                 Prouision
                 ,
                 Capons
                 ,
                 Hens
                 ,
                 Pepper
                 ,
                 Commin
                 ,
                 Roses
                 ,
                 Gillyflowers
                 ;
                 Spurres
                 ,
                 Gloues
                 ,
                 or
                 the
                 like
                 ;
                 or
                 to
                 pay
                 him
                 a
                 certeine
                 rent
                 ,
                 and
                 to
                 bee
                 sworne
                 to
                 be
                 his
                 faithfull
                 Tenant
                 ,
                 which
                 Tenure
                 was
                 called
                 a
                 soccage
                 Tenure
                 ,
                 and
                 is
                 so
                 to
                 this
                 day
                 ,
                 howbeit
                 most
                 of
                 the
                 ploughing
                 and
                 haruest
                 seruices
                 ,
                 are
                 turned
                 into
                 mony
                 rents
                 .
              
               
               
                 The
                 Tennants
                 in
                 Soccage
                 
                 at
                 the
                 death
                 of
                 euery
                 Tennant
                 
                 were
                 to
                 pay
                 reliefe
                 ,
                 which
                 was
                 not
                 as
                 Knights
                 seruice
                 ,
                 as
                 fiue
                 pound
                 a
                 Knights
                 fee.
                 But
                 it
                 was
                 ,
                 and
                 so
                 is
                 still
                 ,
                 one
                 yeares
                 rent
                 of
                 the
                 Land
                 ;
                 and
                 no
                 wardship
                 or
                 other
                 profit
                 to
                 the
                 Lord.
                 The
                 remainder
                 of
                 the
                 two
                 thousand
                 Acres
                 hee
                 kept
                 to
                 himselfe
                 ,
                 which
                 hee
                 vsed
                 to
                 manure
                 by
                 his
                 bondmen
                 ,
                 and
                 appointed
                 them
                 at
                 the
                 Courts
                 of
                 his
                 Mannor
                 how
                 they
                 should
                 hold
                 it
                 ,
                 making
                 an
                 entrie
                 of
                 it
                 into
                 the
                 Roll
                 of
                 the
                 Remembrances
                 of
                 the
                 Acts
                 of
                 the
                 Court
                 ,
                 yet
                 still
                 in
                 the
                 Lords
                 power
                 to
                 take
                 it
                 away
                 :
                 and
                 therefore
                 they
                 were
                 called
                 Tennants
                 at
                 will
                 ,
                 by
                 Coppie
                 of
                 Court
                 Roll
                 ;
                 being
                 in
                 truth
                 ,
                 
                 bondmen
                 at
                 the
                 beginning
                 ,
                 but
                 hauing
                 obtained
                 freedome
                 of
                 their
                 persons
                 ,
                 and
                 gained
                 a
                 custome
                 by
                 vse
                 of
                 occupying
                 their
                 Lands
                 ,
                 they
                 now
                 are
                 called
                 Coppie-holders
                 ,
                 and
                 are
                 so
                 priuiledged
                 ,
                 that
                 the
                 Lord
                 cannot
                 put
                 them
                 out
                 ,
                 and
                 all
                 through
                 Custome
                 .
                 Some
                 Coppie-holders
                 are
                 for
                 lifes
                 ,
                 one
                 ,
                 two
                 ,
                 or
                 three
                 successiuely
                 ;
                 and
                 some
                 inheritances
                 from
                 heire
                 to
                 heire
                 by
                 custome
                 ,
                 and
                 custome
                 ruleth
                 these
                 estates
                 wholly
                 ,
                 both
                 for
                 widdowes
                 estates
                 ,
                 fines
                 ,
                 harriots
                 ,
                 forseitures
                 ,
                 and
                 allother
                 things
                 .
              
               
               
                 Mannors
                 being
                 in
                 this
                 sort
                 made
                 at
                 the
                 
                 first
                 ,
                 that
                 the
                 Lord
                 of
                 the
                 Mannor
                 should
                 hold
                 a
                 Court
                 which
                 is
                 no
                 more
                 then
                 to
                 assemble
                 his
                 Tenants
                 together
                 ,
                 at
                 a
                 time
                 by
                 him
                 to
                 be
                 appointed
                 ;
                 in
                 which
                 Court
                 ,
                 he
                 was
                 to
                 be
                 informed
                 by
                 oath
                 of
                 his
                 Tenants
                 ,
                 of
                 of
                 all
                 such
                 duties
                 ,
                 Rents
                 ,
                 releases
                 ,
                 Wardships
                 ,
                 Copie-holds
                 or
                 the
                 like
                 ,
                 that
                 had
                 hapned
                 vnto
                 him
                 ;
                 which
                 is
                 called
                 a
                 Court
                 Baron
                 ,
                 and
                 herein
                 a
                 Tennant
                 may
                 sue
                 for
                 any
                 debt
                 or
                 Trespasse
                 vnder
                 40l
                 l
                 value
                 ,
                 and
                 the
                 Freeholders
                 are
                 to
                 Iudge
                 of
                 the
                 cause
                 vpon
                 proofe
                 prosecuted
                 vpon
                 both
                 sides
                 .
                 And
                 therefore
                 the
                 Free
                 holders
                 of
                 these
                 Mannors
                 ,
                 as
                 incident
                 to
                 their
                 Tenures
                 do
                 
                 hold
                 by
                 suit
                 of
                 Court
                 which
                 is
                 to
                 come
                 to
                 the
                 Court
                 ,
                 and
                 there
                 to
                 Iudge
                 betweene
                 partie
                 and
                 partie
                 in
                 those
                 pettie
                 actions
                 .
                 And
                 also
                 to
                 enforme
                 the
                 Lords
                 of
                 the
                 duties
                 of
                 rents
                 and
                 seruices
                 vnpaid
                 to
                 him
                 from
                 his
                 Tennants
                 .
                 By
                 this
                 course
                 it
                 is
                 discerned
                 who
                 be
                 the
                 Lords
                 of
                 lands
                 ,
                 such
                 as
                 if
                 the
                 Tennants
                 dye
                 without
                 heire
                 ,
                 or
                 bee
                 attainted
                 of
                 felonie
                 or
                 Treason
                 ,
                 shall
                 haue
                 the
                 Land
                 by
                 Escheat
                 .
              
               
                 Now
                 concerning
                 what
                 attainders
                 shall
                 giue
                 the
                 Escheat
                 to
                 the
                 Land
                 is
                 to
                 bee
                 
                 
                 noted
                 ,
                 that
                 it
                 must
                 eyther
                 bee
                 by
                 Iudgement
                 of
                 Death
                 giuen
                 in
                 some
                 Court
                 of
                 Record
                 against
                 the
                 Felon
                 found
                 guiltie
                 by
                 Verdict
                 ,
                 or
                 confession
                 of
                 the
                 Felonie
                 ,
                 or
                 it
                 must
                 bee
                 by
                 Out-lawrie
                 of
                 him
                 .
              
               
                 The
                 Out-Inwrie
                 groweth
                 in
                 this
                 sort
                 ,
                 
                 a
                 man
                 is
                 Indicted
                 for
                 Felonie
                 ,
                 being
                 not
                 in
                 hold
                 ,
                 so
                 as
                 hee
                 cannot
                 bee
                 brought
                 in
                 person
                 to
                 appeare
                 and
                 to
                 bee
                 tryed
                 ,
                 insomuch
                 that
                 Processe
                 of
                 Capias
                 is
                 therefore
                 awarded
                 to
                 the
                 Sheriffe
                 ,
                 who
                 not
                 finding
                 him
                 returneth
                 
                   Non
                   est
                   inventus
                   in
                   Balliva
                   mea
                
                 ;
                 and
                 therefore
                 ,
                 another
                 Capias
                 is
                 awarded
                 to
                 the
                 Sheriffe
                 ,
                 who
                 likewise
                 not
                 finding
                 him
                 maketh
                 the
                 same
                 returne
                 ,
                 then
                 a
                 Writ
                 called
                 an
                 Exigent
                 is
                 directed
                 to
                 the
                 Sheriffe
                 ,
                 commaunding
                 him
                 to
                 Proclaime
                 him
                 in
                 his
                 Countie
                 Court
                 fiue
                 seuerall
                 Court
                 dayes
                 to
                 yeeld
                 his
                 body
                 ,
                 which
                 if
                 the
                 Sheriffe
                 doe
                 ,
                 and
                 the
                 partie
                 yeeld
                 not
                 his
                 body
                 ,
                 hee
                 is
                 sayd
                 by
                 the
                 Default
                 to
                 bee
                 Outlawed
                 ,
                 the
                 Coroners
                 there
                 adjudging
                 him
                 Out-lawed
                 ,
                 and
                 the
                 Sheriffe
                 making
                 the
                 returne
                 of
                 the
                 Proclamations
                 and
                 of
                 the
                 judgement
                 of
                 the
                 Coroners
                 ,
                 vpon
                 the
                 backside
                 of
                 the
                 writ
                 .
                 This
                 is
                 an
                 attainder
                 of
                 Felonie
                 ,
                 whereupon
                 the
                 Offender
                 doth
                 forfeit
                 his
                 Lands
                 by
                 an
                 
                 Escheat
                 to
                 the
                 Lord
                 of
                 whom
                 they
                 are
                 holden
                 .
              
               
                 But
                 note
                 that
                 a
                 man
                 found
                 guilty
                 of
                 
                 Felonie
                 by
                 verdict
                 or
                 confession
                 ,
                 and
                 praying
                 his
                 Cleargie
                 ,
                 preuenteth
                 the
                 judgement
                 of
                 Death
                 ,
                 and
                 is
                 called
                 a
                 Clerke
                 conuict
                 ,
                 who
                 looseth
                 not
                 his
                 Lands
                 ,
                 but
                 all
                 his
                 Goods
                 ,
                 Chattels
                 ,
                 Leases
                 and
                 Debts
                 .
              
               
                 So
                 a
                 man
                 that
                 will
                 not
                 answer
                 nor
                 put
                 
                 himselfe
                 vpon
                 tryall
                 ,
                 although
                 hee
                 be
                 by
                 this
                 to
                 haue
                 Iudgement
                 of
                 Pressing
                 to
                 Death
                 ,
                 yet
                 hee
                 doth
                 forfeit
                 no
                 Lands
                 ,
                 but
                 Goods
                 ,
                 Chattels
                 ,
                 Leases
                 and
                 Debts
                 ,
                 except
                 his
                 offence
                 bee
                 Treason
                 ,
                 and
                 then
                 hee
                 forfeiteth
                 his
                 Lands
                 to
                 the
                 Crowne
                 .
              
               
                 So
                 a
                 man
                 that
                 killeth
                 him-selfe
                 shall
                 not
                 
                 loose
                 his
                 Lands
                 ,
                 but
                 his
                 Goods
                 ,
                 Chattels
                 ,
                 Leases
                 and
                 Debts
                 .
                 So
                 of
                 those
                 that
                 kill
                 others
                 in
                 their
                 owne
                 defence
                 ,
                 or
                 by
                 misfortune
                 .
              
               
                 A
                 man
                 that
                 beeing
                 pursued
                 for
                 Felonie
                 ,
                 and
                 flyeth
                 for
                 it
                 ,
                 looseth
                 his
                 
                 Goods
                 for
                 his
                 flying
                 ,
                 although
                 hee
                 returne
                 and
                 is
                 tryed
                 ,
                 and
                 found
                 not
                 guiltie
                 of
                 the
                 Fact.
                 
              
               
               
                 So
                 a
                 man
                 Indicted
                 for
                 Felonie
                 ,
                 if
                 hee
                 
                 yeeld
                 not
                 his
                 body
                 to
                 the
                 Sheriffe
                 vntill
                 after
                 the
                 Exigent
                 of
                 Proclamation
                 is
                 awarded
                 vnto
                 him
                 ,
                 this
                 man
                 doth
                 forfeit
                 all
                 his
                 goods
                 ,
                 for
                 his
                 long
                 stay
                 ,
                 although
                 hee
                 be
                 found
                 not
                 guiltie
                 of
                 the
                 Felonie
                 ,
                 but
                 is
                 not
                 attainted
                 to
                 loose
                 his
                 lands
                 ,
                 but
                 onely
                 such
                 as
                 haue
                 Iudgements
                 of
                 Death
                 by
                 tryall
                 vpon
                 verdict
                 of
                 their
                 owne
                 confession
                 ,
                 or
                 that
                 they
                 be
                 by
                 Iudgement
                 of
                 the
                 Coroners
                 out-lawed
                 as
                 before
                 .
              
               
                 Besides
                 the
                 Escheats
                 of
                 lands
                 to
                 the
                 
                 Lords
                 of
                 whom
                 they
                 be
                 holden
                 for
                 lack
                 of
                 heires
                 ,
                 and
                 by
                 attainder
                 for
                 Felony
                 (
                 which
                 onely
                 doe
                 hold
                 place
                 in
                 Fee-simple
                 lands
                 )
                 there
                 are
                 also
                 forfeiture
                 of
                 Lands
                 to
                 the
                 Crowne
                 by
                 attainder
                 of
                 Treason
                 ;
                 as
                 namely
                 ,
                 if
                 one
                 that
                 hath
                 entailed
                 Lands
                 commit
                 Treason
                 ,
                 hee
                 forfeiteth
                 the
                 profits
                 of
                 the
                 lands
                 for
                 his
                 life
                 to
                 the
                 Crowne
                 ,
                 but
                 not
                 to
                 the
                 Lord.
                 
              
               
                 And
                 if
                 a
                 man
                 hauing
                 an
                 estate
                 for
                 life
                 of
                 
                 himselfe
                 or
                 of
                 another
                 ,
                 commit
                 Treason
                 or
                 Felonie
                 ,
                 the
                 whole
                 estate
                 is
                 forfeited
                 ,
                 but
                 no
                 Escheat
                 to
                 the
                 Lord.
                 
              
               
                 But
                 a
                 Coppie-hold
                 ,
                 for
                 Fee
                 simple
                 or
                 for
                 life
                 ,
                 is
                 forfeited
                 to
                 the
                 Lord
                 and
                 not
                 to
                 
                 the
                 Crowne
                 ;
                 and
                 if
                 it
                 bee
                 entailed
                 ,
                 the
                 Lord
                 is
                 to
                 haue
                 it
                 during
                 the
                 life
                 of
                 the
                 offender
                 ,
                 and
                 than
                 his
                 heire
                 is
                 to
                 haue
                 it
                 .
              
               
                 The
                 Customes
                 of
                 Kent
                 is
                 ,
                 that
                 Gauil-kind
                 land
                 is
                 not
                 forfeitable
                 nor
                 Escheatable
                 for
                 Felonie
                 ,
                 for
                 they
                 haue
                 an
                 old
                 saying
                 ;
                 The
                 Father
                 to
                 the
                 Bough
                 ,
                 and
                 the
                 Sonne
                 to
                 the
                 plough
                 .
              
               
                 If
                 the
                 Husband
                 was
                 attained
                 ,
                 the
                 Wife
                 
                 was
                 to
                 loose
                 her
                 thirds
                 in
                 cases
                 of
                 Felonie
                 and
                 Treason
                 ,
                 but
                 yet
                 she
                 is
                 not
                 offender
                 ,
                 but
                 at
                 this
                 day
                 it
                 is
                 holden
                 by
                 Statute
                 Law
                 that
                 shee
                 looseth
                 them
                 not
                 ,
                 for
                 the
                 Husbands
                 Felony
                 .
                 The
                 relation
                 of
                 these
                 forfeits
                 are
                 these
                 .
              
               
                 1.
                 
                 That
                 men
                 attainted
                 of
                 Felonie
                 or
                 Treason
                 by
                 verdict
                 or
                 
                 Confession
                 ,
                 doe
                 forfeit
                 
                 all
                 the
                 Lands
                 they
                 had
                 at
                 the
                 time
                 of
                 their
                 offence
                 committed
                 ,
                 and
                 the
                 King
                 or
                 the
                 Lord
                 whosoeuer
                 of
                 them
                 had
                 the
                 Escheat
                 or
                 forfeiture
                 ,
                 shall
                 come
                 in
                 and
                 auoid
                 all
                 Leafes
                 ,
                 Acts
                 ,
                 Statutes
                 ,
                 Conueyances
                 done
                 by
                 the
                 offender
                 ,
                 any
                 time
                 since
                 the
                 offence
                 done
                 .
                 And
                 so
                 is
                 the
                 Law
                 cleare
                 also
                 if
                 a
                 man
                 be
                 attainted
                 
                 for
                 Treason
                 by
                 outlawry
                 ,
                 but
                 vpon
                 attainder
                 of
                 felonie
                 by
                 outlawry
                 ,
                 since
                 it
                 hath
                 beene
                 much
                 doubted
                 by
                 the
                 Law-bookes
                 ,
                 whether
                 the
                 Lords
                 title
                 by
                 escheat
                 shall
                 relate
                 backe
                 to
                 the
                 time
                 of
                 the
                 offence
                 done
                 ,
                 or
                 onely
                 to
                 the
                 date
                 or
                 lefte
                 of
                 the
                 writ
                 of
                 Exigent
                 for
                 Proclamation
                 ,
                 therevpon
                 he
                 is
                 outlawed
                 ;
                 howbeit
                 at
                 this
                 day
                 it
                 is
                 ruled
                 that
                 it
                 shall
                 reach
                 backe
                 to
                 the
                 time
                 of
                 his
                 fact
                 ,
                 but
                 for
                 goods
                 ,
                 and
                 chattels
                 ,
                 and
                 debts
                 ,
                 the
                 Kings
                 title
                 shall
                 looke
                 
                 no
                 further
                 backe
                 then
                 those
                 goods
                 ,
                 the
                 partie
                 attainted
                 by
                 verdict
                 or
                 confession
                 ,
                 had
                 at
                 the
                 time
                 of
                 the
                 verdict
                 and
                 confession
                 giuen
                 or
                 made
                 .
                 And
                 in
                 outlawries
                 at
                 the
                 time
                 of
                 the
                 Exigent
                 as
                 well
                 in
                 Treasons
                 as
                 Felonies
                 ,
                 wherein
                 it
                 is
                 to
                 bee
                 obsaerued
                 that
                 vpon
                 the
                 parties
                 first
                 apprehension
                 ,
                 the
                 Kings
                 Officers
                 are
                 to
                 seize
                 all
                 the
                 goods
                 and
                 Chattels
                 and
                 preserue
                 them
                 together
                 ,
                 dispending
                 onely
                 so
                 much
                 out
                 
                 of
                 them
                 as
                 it
                 is
                 fit
                 for
                 the
                 sustentation
                 of
                 the
                 person
                 in
                 prison
                 ,
                 without
                 any
                 wasting
                 ,
                 or
                 disposing
                 them
                 vntill
                 Conuiction
                 ,
                 and
                 then
                 the
                 propertie
                 of
                 them
                 is
                 in
                 the
                 Crowne
                 ,
                 and
                 not
                 before
                 .
              
               
                 It
                 is
                 also
                 to
                 bee
                 noted
                 ,
                 that
                 persons
                 attainted
                 of
                 Felonie
                 or
                 Treason
                 ,
                 haue
                 no
                 capacitie
                 
                 in
                 them
                 ,
                 to
                 take
                 ,
                 obtaine
                 or
                 purchase
                 ,
                 saue
                 onely
                 to
                 thevse
                 of
                 the
                 King
                 ,
                 
                 vntill
                 the
                 partie
                 be
                 pardoned
                 .
                 Yet
                 the
                 partie
                 giueth
                 not
                 backe
                 their
                 Lands
                 or
                 Goods
                 
                 without
                 a
                 speciall
                 Pattent
                 of
                 Restitution
                 ,
                 which
                 cannot
                 restore
                 the
                 bloud
                 without
                 an
                 Act
                 of
                 Parliament
                 .
                 So
                 if
                 a
                 man
                 haue
                 a
                 Sonne
                 ,
                 and
                 then
                 is
                 attainted
                 of
                 Felonie
                 or
                 Treason
                 ,
                 and
                 pardoned
                 ,
                 and
                 purchaseth
                 Lands
                 ,
                 and
                 then
                 hath
                 issue
                 an
                 other
                 sonne
                 and
                 dyeth
                 ;
                 the
                 Sonne
                 hee
                 had
                 before
                 he
                 had
                 his
                 pardon
                 ,
                 although
                 hee
                 be
                 his
                 eldest
                 Sonne
                 ,
                 and
                 the
                 Pattent
                 haue
                 the
                 words
                 of
                 restitution
                 to
                 his
                 Lands
                 shall
                 not
                 inherit
                 ,
                 but
                 his
                 second
                 Sonne
                 shall
                 inherit
                 them
                 .
                 And
                 not
                 the
                 first
                 ;
                 Because
                 ,
                 the
                 bloud
                 is
                 corrupted
                 by
                 the
                 Attainder
                 ,
                 and
                 cannot
                 be
                 restored
                 by
                 Pattent
                 alone
                 ,
                 but
                 by
                 Act
                 of
                 Parliament
                 .
                 And
                 if
                 a
                 Man
                 haue
                 two
                 Sons
                 and
                 the
                 eldest
                 is
                 attainted
                 in
                 the
                 life
                 of
                 his
                 Father
                 ,
                 and
                 dyeth
                 without
                 issue
                 ,
                 the
                 Father
                 liuing
                 ,
                 the
                 second
                 sonne
                 shall
                 inherit
                 the
                 Fathers
                 Lands
                 ,
                 but
                 if
                 the
                 eldest
                 Sonne
                 ,
                 haue
                 any
                 issue
                 ,
                 Though
                 he
                 die
                 in
                 the
                 life
                 of
                 his
                 Father
                 ,
                 then
                 neither
                 the
                 second
                 Son
                 ,
                 nor
                 the
                 issue
                 of
                 the
                 eldest
                 ,
                 shall
                 inherit
                 the
                 Fathers
                 Lands
                 ,
                 but
                 the
                 Father
                 shall
                 there
                 be
                 accompted
                 to
                 dye
                 without
                 Heire
                 ,
                 and
                 the
                 Land
                 shall
                 Escheat
                 whether
                 the
                 eldest
                 Sonne
                 haue
                 issue
                 or
                 not
                 ,
                 afterward
                 or
                 before
                 ,
                 though
                 he
                 be
                 pardoned
                 after
                 the
                 death
                 of
                 his
                 Father
                 .
              
            
             
               
               
                 Propertie
                 of
                 Lands
                 by
                 Conueyance
                 is
                 ,
                 first
                 distributed
                 into
                 estates
                 ,
                 for
                 Yeares
                 ,
                 for
                 Life
                 ,
                 in
                 Tayle
                 ,
                 and
                 Fee-simple
                 .
              
               
                 FOr
                 Estates
                 for
                 Yeares
                 ,
                 which
                 are
                 commonly
                 
                 called
                 Leases
                 for
                 Yeares
                 ,
                 they
                 are
                 thus
                 made
                 ;
                 where
                 the
                 owner
                 of
                 the
                 Land
                 agreeth
                 with
                 the
                 other
                 by
                 word
                 of
                 mouth
                 ,
                 
                 that
                 the
                 other
                 shall
                 haue
                 ,
                 hold
                 ,
                 and
                 enioy
                 the
                 Land
                 ,
                 to
                 take
                 the
                 profits
                 thereof
                 for
                 a
                 time
                 certaine
                 of
                 Yeares
                 ,
                 Moneths
                 ,
                 Weekes
                 and
                 dayes
                 ,
                 agreed
                 between
                 them
                 ;
                 and
                 this
                 is
                 called
                 a
                 lease
                 Paroll
                 ;
                 such
                 a
                 lease
                 may
                 be
                 made
                 by
                 writing
                 Pole
                 or
                 Indented
                 of
                 deuise
                 
                 grant
                 and
                 to
                 farme
                 let
                 ,
                 and
                 so
                 also
                 by
                 fine
                 of
                 Record
                 ,
                 but
                 whether
                 any
                 Rent
                 be
                 reserued
                 or
                 no
                 ,
                 it
                 is
                 not
                 materiall
                 ,
                 vnto
                 these
                 
                 leases
                 there
                 may
                 bee
                 annexed
                 such
                 exceptions
                 ,
                 conditions
                 and
                 Couenants
                 ,
                 as
                 the
                 
                 parties
                 can
                 agree
                 of
                 ;
                 They
                 are
                 called
                 chattels
                 Reall
                 ,
                 and
                 are
                 not
                 inheritable
                 by
                 the
                 heires
                 ,
                 but
                 goe
                 to
                 the
                 Executors
                 and
                 
                 Administrators
                 ,
                 and
                 be
                 sole
                 able
                 for
                 debts
                 in
                 the
                 life
                 of
                 the
                 owner
                 ,
                 or
                 in
                 the
                 Executors
                 or
                 Administrators
                 by
                 Writs
                 of
                 Execution
                 vpon
                 Statutes
                 ,
                 Recognizances
                 ,
                 Iudgements
                 of
                 Debts
                 or
                 Damages
                 .
                 They
                 be
                 also
                 forfeitable
                 to
                 the
                 Crowne
                 by
                 Outlawry
                 ,
                 
                 by
                 Attainder
                 for
                 Treason
                 ,
                 Felonie
                 ,
                 or
                 Premunier
                 ,
                 
                 Killing
                 himselfe
                 ,
                 Flying
                 for
                 Felonie
                 although
                 not
                 guilty
                 of
                 the
                 fact
                 ,
                 standing
                 out
                 and
                 refusing
                 to
                 bee
                 tryed
                 by
                 the
                 Country
                 ,
                 by
                 Couiction
                 of
                 Felonie
                 ,
                 without
                 Iudgement
                 ,
                 Pettie
                 larcerie
                 ,
                 or
                 going
                 beyond
                 the
                 Sea
                 without
                 licence
                 .
              
               
                 They
                 are
                 forfeitable
                 to
                 the
                 Crowne
                 ,
                 in
                 
                 like
                 manner
                 as
                 Leases
                 for
                 Yeares
                 ,
                 or
                 interest
                 gotten
                 in
                 other
                 mens
                 Lands
                 by
                 extending
                 for
                 debt
                 vpon
                 Iudgement
                 in
                 any
                 Court
                 of
                 Record
                 ,
                 Stat.
                 Marchant
                 ,
                 Stat.
                 Staple
                 Recognizances
                 ,
                 which
                 beeing
                 vpon
                 Statutes
                 are
                 called
                 Tenants
                 by
                 Stat.
                 Marchant
                 ,
                 or
                 Staple
                 .
                 The
                 other
                 Tenants
                 by
                 Elegit
                 ,
                 and
                 by
                 Wardship
                 of
                 Bodie
                 and
                 Lands
                 ,
                 for
                 all
                 these
                 are
                 called
                 Chattels
                 Reall
                 ,
                 and
                 goe
                 to
                 the
                 Executors
                 and
                 Administrators
                 ,
                 and
                 not
                 to
                 the
                 heires
                 ,
                 and
                 are
                 soleable
                 and
                 forfeitable
                 as
                 Leases
                 for
                 yeares
                 are
                 .
              
               
               
                 Lease
                 for
                 liues
                 are
                 also
                 
                 called
                 Freeholds
                 ,
                 they
                 
                 may
                 also
                 bee
                 made
                 by
                 Word
                 or
                 writing
                 ,
                 there
                 must
                 bee
                 Liuerie
                 and
                 Seisen
                 giuea
                 at
                 the
                 making
                 of
                 the
                 Lease
                 ,
                 whom
                 we
                 call
                 ,
                 the
                 Lessor
                 ;
                 commeth
                 to
                 the
                 doore
                 ,
                 backside
                 ,
                 or
                 Garden
                 ;
                 if
                 it
                 be
                 a
                 house
                 ,
                 if
                 not
                 ,
                 then
                 to
                 some
                 part
                 of
                 the
                 Land
                 ,
                 and
                 there
                 he
                 expresseth
                 ,
                 that
                 hee
                 doth
                 graunt
                 vnto
                 the
                 taker
                 ;
                 called
                 ,
                 the
                 Lessee
                 ,
                 for
                 tearme
                 of
                 his
                 life
                 :
                 and
                 in
                 Seisen
                 thereof
                 ,
                 hee
                 deliuereth
                 to
                 him
                 a
                 Turfe
                 ,
                 twig
                 ,
                 or
                 Ring
                 of
                 the
                 doore
                 ,
                 and
                 if
                 the
                 Lease
                 
                 bee
                 by
                 writing
                 ,
                 then
                 commonly
                 there
                 is
                 a
                 note
                 written
                 on
                 the
                 backside
                 of
                 the
                 Lease
                 ,
                 with
                 the
                 names
                 of
                 those
                 witnesses
                 ,
                 who
                 were
                 present
                 at
                 the
                 time
                 of
                 the
                 Liuerie
                 of
                 Seisen
                 made
                 ;
                 This
                 estate
                 ,
                 is
                 not
                 saleable
                 
                 by
                 the
                 Sheriffe
                 for
                 Debt
                 ,
                 but
                 the
                 Land
                 is
                 to
                 bee
                 extended
                 for
                 a
                 yearely
                 value
                 ,
                 to
                 satisfie
                 the
                 Debt
                 .
                 It
                 is
                 not
                 forfeitable
                 by
                 Outlawrie
                 ,
                 except
                 in
                 cases
                 of
                 Felonie
                 ,
                 nor
                 by
                 any
                 of
                 the
                 meanes
                 before
                 mentioned
                 ,
                 of
                 Leases
                 for
                 yeares
                 ;
                 sauing
                 an
                 in
                 Attainder
                 for
                 Felonie
                 ,
                 Treason
                 ,
                 Premunire
                 ,
                 and
                 then
                 
                 onely
                 to
                 the
                 Crowne
                 ,
                 and
                 not
                 to
                 the
                 Lords
                 by
                 Escheat
                 .
              
               
                 And
                 though
                 a
                 Noble
                 man
                 or
                 other
                 ,
                 
                 haue
                 libertie
                 by
                 Charter
                 ,
                 to
                 haue
                 all
                 Felons
                 Goods
                 ;
                 yet
                 a
                 Tennant
                 holding
                 for
                 tearme
                 of
                 life
                 ,
                 being
                 attainted
                 of
                 Felonie
                 ,
                 doth
                 forfeit
                 vnto
                 the
                 King
                 and
                 not
                 to
                 this
                 Noble
                 man.
                 
              
               
                 If
                 a
                 man
                 haue
                 an
                 Estate
                 in
                 Lands
                 ,
                 for
                 
                 an
                 other
                 mans
                 life
                 ,
                 and
                 dyeth
                 ;
                 this
                 Land
                 cannot
                 goe
                 to
                 his
                 Heire
                 ,
                 nor
                 to
                 his
                 Executors
                 ,
                 but
                 to
                 the
                 partie
                 that
                 first
                 entreth
                 ;
                 and
                 he
                 is
                 called
                 ,
                 an
                 Occupant
                 .
              
               
                 A
                 Lease
                 for
                 yeares
                 or
                 for
                 life
                 ,
                 may
                 be
                 
                 made
                 also
                 by
                 fine
                 of
                 Record
                 ,
                 or
                 bargaine
                 and
                 sale
                 ,
                 or
                 Couenant
                 to
                 stand
                 seized
                 vpon
                 good
                 considerations
                 of
                 Marriage
                 ,
                 or
                 Bloud
                 ,
                 the
                 reasons
                 whereof
                 ,
                 are
                 hereafter
                 expressed
                 .
              
               
                 Entayles
                 of
                 Lands
                 ,
                 are
                 created
                 by
                 guift
                 ;
                 with
                 Liuerie
                 and
                 Seizen
                 to
                 a
                 man
                 ,
                 and
                 to
                 the
                 heires
                 of
                 his
                 bodie
                 ,
                 this
                 word
                 (
                 Body
                 )
                 making
                 the
                 entaile
                 ,
                 may
                 be
                 demonstrated
                 and
                 restrained
                 to
                 the
                 Males
                 or
                 Females
                 ;
                 
                 heires
                 of
                 their
                 two
                 bodies
                 ,
                 or
                 of
                 the
                 body
                 of
                 eyther
                 of
                 them
                 ,
                 or
                 of
                 the
                 body
                 of
                 the
                 Grand-father
                 .
              
               
                 Entayles
                 of
                 Lands
                 began
                 by
                 a
                 Statute
                 
                 made
                 in
                 Ed.
                 1.
                 time
                 ,
                 by
                 which
                 also
                 they
                 are
                 so
                 much
                 strengthened
                 ,
                 as
                 that
                 the
                 Tenant
                 in
                 Tayle
                 cannot
                 put
                 ,
                 away
                 the
                 Land
                 from
                 the
                 heire
                 by
                 any
                 Act
                 of
                 conueyance
                 or
                 Attainder
                 ,
                 nor
                 Let
                 it
                 ,
                 nor
                 incomber
                 it
                 ,
                 longer
                 then
                 his
                 owne
                 Life
                 .
              
               
                 But
                 the
                 inconueniencie
                 thereof
                 was
                 
                 great
                 ,
                 for
                 by
                 that
                 meanes
                 ,
                 the
                 Land
                 being
                 so
                 sure
                 tyed
                 vpon
                 the
                 heire
                 as
                 that
                 his
                 Father
                 could
                 not
                 put
                 it
                 from
                 him
                 ,
                 it
                 made
                 the
                 Sonne
                 to
                 bee
                 disobedient
                 ,
                 negligent
                 ,
                 and
                 wastfull
                 ;
                 often
                 marrying
                 withoutthe
                 Fathers
                 consent
                 ,
                 and
                 to
                 grow
                 insolent
                 in
                 vice
                 ;
                 knowing
                 ,
                 that
                 there
                 could
                 bee
                 no
                 cheeke
                 of
                 dis-inheriting
                 him
                 .
                 It
                 also
                 made
                 the
                 owners
                 of
                 the
                 Land
                 lesse
                 fearefull
                 to
                 commit
                 Murthers
                 ,
                 Felonies
                 ,
                 Treasons
                 ,
                 and
                 Manslaughters
                 ;
                 for
                 that
                 they
                 knew
                 ,
                 none
                 of
                 these
                 acts
                 could
                 hurt
                 the
                 Heire
                 of
                 of
                 his
                 inheritance
                 .
                 It
                 hindred
                 men
                 that
                 had
                 intayled
                 Lands
                 ,
                 that
                 they
                 could
                 not
                 make
                 the
                 best
                 of
                 their
                 Lands
                 by
                 fine
                 and
                 improuement
                 ,
                 for
                 that
                 none
                 vpon
                 so
                 vncertaine
                 an
                 estate
                 ,
                 as
                 for
                 terme
                 of
                 his
                 owne
                 
                 life
                 would
                 giue
                 him
                 a
                 fine
                 of
                 any
                 valew
                 ,
                 nor
                 lay
                 any
                 great
                 stocke
                 vpon
                 the
                 Land
                 ,
                 that
                 might
                 yield
                 rent
                 improued
                 .
              
               
                 Lastly
                 ,
                 those
                 Entailes
                 did
                 defraud
                 the
                 
                 Crowne
                 ,
                 and
                 many
                 Subjects
                 of
                 their
                 Debts
                 ;
                 for
                 that
                 the
                 Land
                 was
                 not
                 lyable
                 longer
                 then
                 his
                 owne
                 life-time
                 ;
                 which
                 caused
                 ,
                 that
                 the
                 King
                 could
                 not
                 safely
                 commit
                 any
                 office
                 of
                 accompt
                 to
                 such
                 ,
                 whose
                 Land
                 were
                 entailed
                 ,
                 nor
                 other
                 men
                 trust
                 them
                 with
                 loane
                 of
                 money
                 .
              
               
                 These
                 inconveniences
                 ,
                 were
                 remedied
                 by
                 Acts
                 of
                 Parliment
                 ;
                 as
                 namely
                 ,
                 by
                 Acts
                 of
                 Parliament
                 later
                 then
                 the
                 Acts
                 of
                 Entailes
                 ,
                 
                 made
                 ,
                 4.
                 
                 H.
                 7.
                 32.
                 
                 H.
                 8.
                 
                 A
                 Tenant
                 in
                 taile
                 may
                 dis-inherit
                 his
                 Sonne
                 by
                 a
                 fine
                 with
                 Proclamation
                 ,
                 and
                 may
                 by
                 that
                 meanes
                 also
                 ,
                 make
                 it
                 subiect
                 to
                 his
                 Debts
                 and
                 Sales
                 .
              
               
                 By
                 a
                 Satute
                 made
                 ,
                 29.
                 
                 H.
                 8.
                 
                 A
                 Tenant
                 in
                 
                 taile
                 ,
                 doth
                 forfeite
                 his
                 lands
                 for
                 Treason
                 ;
                 and
                 by
                 an
                 other
                 Act
                 of
                 Parliament
                 ,
                 32.
                 
                 
                 H.
                 8.
                 
                 He
                 may
                 make
                 leases
                 good
                 against
                 his
                 heire
                 for
                 21.
                 years
                 ,
                 or
                 three
                 liues
                 ;
                 so
                 that
                 it
                 be
                 not
                 of
                 his
                 cheife
                 Houses
                 ,
                 Lands
                 ,
                 or
                 demeasne
                 ,
                 or
                 any
                 lease
                 in
                 Reuersion
                 ,
                 nor
                 lesse
                 rent
                 reserued
                 ;
                 then
                 ,
                 the
                 Tenants
                 haue
                 payed
                 most
                 part
                 of
                 21.
                 yeares
                 before
                 ,
                 
                 nor
                 haue
                 any
                 manner
                 of
                 Discharge
                 for
                 doing
                 wasts
                 and
                 spoiles
                 ,
                 by
                 a
                 Statute
                 made
                 33
                 H
                 8.
                 
                 Tenants
                 of
                 Entayled
                 lands
                 ,
                 are
                 lyable
                 
                 to
                 the
                 Kings
                 debts
                 by
                 Extent
                 ,
                 &
                 by
                 a
                 Stat.
                 made
                 13.
                 
                 &
                 39.
                 
                 Eliz.
                 they
                 are
                 saleable
                 
                 for
                 the
                 arrerages
                 vpon
                 his
                 accompt
                 for
                 his
                 Office
                 ;
                 So
                 that
                 now
                 it
                 resteth
                 ,
                 that
                 Entayled
                 Lands
                 haue
                 two
                 priuiledges
                 onely
                 ,
                 
                 which
                 bee
                 these
                 .
                 First
                 ,
                 not
                 to
                 be
                 forfeited
                 for
                 Felonies
                 .
                 Secondly
                 not
                 to
                 bee
                 extended
                 for
                 Debts
                 after
                 the
                 parties
                 death
                 ,
                 except
                 the
                 Entayles
                 bee
                 cut
                 off
                 by
                 Fine
                 and
                 Recouerie
                 .
              
               
                 But
                 it
                 is
                 bee
                 noted
                 ,
                 since
                 these
                 notable
                 
                 Statutes
                 and
                 remedies
                 prouided
                 by
                 Statutes
                 doe
                 dock
                 Entayles
                 ,
                 there
                 is
                 start
                 vp
                 a
                 deuice
                 called
                 Perpetuitie
                 ,
                 which
                 is
                 an
                 Entayle
                 with
                 an
                 addition
                 of
                 a
                 Proviso
                 Conditionall
                 tyed
                 to
                 his
                 Estate
                 ,
                 not
                 to
                 put
                 away
                 the
                 Land
                 from
                 his
                 next
                 heyre
                 ;
                 and
                 if
                 hee
                 doe
                 ,
                 to
                 forfeit
                 his
                 owne
                 estate
                 .
                 Which
                 Perpetuities
                 if
                 they
                 should
                 stand
                 ,
                 would
                 bring
                 in
                 all
                 the
                 former
                 inconueniences
                 subiect
                 to
                 Entayles
                 ,
                 that
                 were
                 cut
                 off
                 by
                 the
                 former
                 mentioned
                 Statutes
                 and
                 farre
                 greater
                 ;
                 for
                 by
                 the
                 Perpetuitie
                 ,
                 if
                 he
                 that
                 is
                 in
                 possession
                 start
                 away
                 neuer
                 so
                 little
                 ,
                 as
                 in
                 making
                 a
                 Lease
                 ,
                 or
                 selling
                 a
                 little
                 quillet
                 ,
                 forgetting
                 after
                 two
                 or
                 three
                 
                 Descents
                 ,
                 as
                 osten
                 they
                 doe
                 ,
                 how
                 they
                 are
                 tyed
                 ,
                 the
                 next
                 Heyre
                 must
                 enter
                 ;
                 who
                 
                 peradventure
                 is
                 his
                 Sonne
                 ,
                 his
                 Brother
                 ,
                 his
                 Vncle
                 or
                 kinsman
                 ,
                 and
                 this
                 raiseth
                 vnkind
                 Suites
                 setting
                 all
                 that
                 kindred
                 at
                 jatres
                 ,
                 some
                 taking
                 one
                 part
                 some
                 another
                 ,
                 and
                 the
                 principall
                 parties
                 wasting
                 theyr
                 time
                 and
                 money
                 in
                 suites
                 of
                 Law.
                 In
                 the
                 end
                 ,
                 they
                 are
                 both
                 constrained
                 in
                 
                 necessitie
                 to
                 joyne
                 both
                 in
                 a
                 Sale
                 of
                 the
                 Land
                 ,
                 or
                 a
                 great
                 part
                 of
                 it
                 to
                 pay
                 theyr
                 Debts
                 ,
                 occasioned
                 through
                 theyr
                 Suites
                 ;
                 And
                 if
                 the
                 chiefest
                 of
                 the
                 Family
                 for
                 any
                 good
                 purpose
                 of
                 well
                 seating
                 himselfe
                 ,
                 by
                 selling
                 that
                 which
                 lyeth
                 farre
                 off
                 to
                 buy
                 that
                 which
                 is
                 neerer
                 ,
                 or
                 for
                 the
                 advancement
                 of
                 his
                 Daughters
                 or
                 younger
                 Sonnes
                 ,
                 should
                 haue
                 reasonable
                 cause
                 to
                 sell
                 the
                 Perpetuitie
                 if
                 it
                 should
                 hold
                 good
                 ,
                 restraineth
                 him
                 .
                 And
                 more
                 then
                 that
                 ,
                 where
                 many
                 are
                 owners
                 of
                 inheritance
                 of
                 Land
                 nor
                 Entayled
                 ,
                 may
                 during
                 the
                 minoritie
                 of
                 his
                 Eldest
                 sonne
                 appoint
                 the
                 profics
                 ,
                 to
                 goe
                 to
                 the
                 aduancement
                 of
                 the
                 younger
                 Sonnes
                 and
                 pay
                 Debts
                 by
                 Entayle
                 and
                 Perpetuities
                 ,
                 the
                 owners
                 of
                 these
                 Lands
                 cannot
                 doe
                 it
                 ,
                 but
                 they
                 must
                 suffer
                 the
                 whole
                 to
                 discend
                 to
                 his
                 eldest
                 Sonne
                 ,
                 and
                 so
                 to
                 come
                 to
                 the
                 Crowne
                 by
                 Wardship
                 all
                 the
                 time
                 of
                 his
                 Infancie
                 .
              
               
               
                 Wherefore
                 seeing
                 the
                 dangerous
                 times
                 
                 and
                 vntowardly
                 Heyres
                 ,
                 they
                 might
                 preuent
                 those
                 mischiefes
                 of
                 vndoing
                 theyr
                 Houses
                 by
                 conueying
                 the
                 Land
                 from
                 such
                 heyres
                 ,
                 if
                 they
                 were
                 not
                 tyed
                 to
                 the
                 stake
                 by
                 those
                 Perpetuities
                 ,
                 &
                 restrayned
                 from
                 Forfeiting
                 to
                 the
                 Crowne
                 ,
                 and
                 disposing
                 of
                 it
                 to
                 theyr
                 owne
                 or
                 to
                 theyr
                 Childrens
                 good
                 .
                 Therefore
                 ,
                 it
                 is
                 worthy
                 of
                 consideration
                 ,
                 whether
                 it
                 bee
                 better
                 for
                 the
                 Subject
                 and
                 Soveraigne
                 to
                 haue
                 the
                 lands
                 secured
                 to
                 mens
                 Names
                 and
                 Bloods
                 by
                 perpetuities
                 ,
                 with
                 all
                 inconueniences
                 aboue-mentioned
                 ,
                 or
                 to
                 bee
                 in
                 hazard
                 of
                 vndoing
                 his
                 House
                 by
                 vnthriftie
                 posteritie
                 .
              
               
                 The
                 last
                 and
                 greatest
                 Estate
                 of
                 Lands
                 in
                 
                 Fee-simple
                 ,
                 and
                 beyond
                 this
                 there
                 is
                 none
                 of
                 the
                 former
                 for
                 Liues
                 ,
                 Yeares
                 or
                 Entayles
                 ;
                 but
                 beyond
                 them
                 ,
                 is
                 Fee
                 simple
                 .
                 For
                 it
                 is
                 the
                 greatest
                 ,
                 last
                 and
                 vttermost
                 degree
                 of
                 Estates
                 in
                 Land
                 ;
                 therefore
                 hee
                 that
                 maketh
                 a
                 Lease
                 for
                 life
                 ,
                 or
                 a
                 guift
                 in
                 tayle
                 ,
                 may
                 appoint
                 a
                 remainder
                 when
                 hee
                 maketh
                 another
                 for
                 life
                 or
                 in
                 tayle
                 ,
                 or
                 to
                 a
                 third
                 in
                 Fee-simple
                 ;
                 but
                 after
                 a
                 Fee-simple
                 hee
                 cannot
                 limit
                 no
                 other
                 Estate
                 .
                 
                 And
                 if
                 a
                 man
                 doe
                 not
                 dispose
                 of
                 the
                 Fee-simple
                 by
                 way
                 of
                 remainder
                 ,
                 when
                 hee
                 
                 maketh
                 the
                 guift
                 in
                 tayle
                 ,
                 or
                 for
                 liues
                 ,
                 then
                 the
                 Fee-simple
                 resteth
                 in
                 himselfe
                 as
                 a
                 Reuertion
                 .
                 The
                 difference
                 betweene
                 a
                 
                 Reuertion
                 and
                 a
                 Remainder
                 ,
                 is
                 this
                 .
                 The
                 Remainder
                 is
                 alwayes
                 a
                 succeeding
                 an
                 Estate
                 ,
                 appointed
                 vpon
                 the
                 guifts
                 of
                 a
                 precedent
                 Estate
                 ,
                 at
                 the
                 time
                 when
                 the
                 Precedent
                 is
                 appointed
                 .
                 But
                 the
                 Reuertion
                 
                 is
                 an
                 estate
                 last
                 in
                 the
                 giuer
                 ,
                 after
                 a
                 particular
                 estate
                 made
                 by
                 him
                 for
                 Yeares
                 ,
                 Life
                 ,
                 or
                 Entaile
                 ;
                 where
                 the
                 remainder
                 is
                 made
                 with
                 the
                 particular
                 estates
                 ,
                 then
                 it
                 must
                 be
                 done
                 by
                 Deeds
                 in
                 writing
                 ,
                 with
                 Liuerie
                 and
                 Seisen
                 ,
                 and
                 cannot
                 by
                 words
                 ;
                 And
                 if
                 the
                 giuer
                 will
                 dispose
                 of
                 the
                 Reuertion
                 
                 after
                 it
                 remaineth
                 in
                 himselfe
                 ,
                 hee
                 is
                 to
                 doe
                 it
                 by
                 writing
                 ,
                 and
                 not
                 by
                 Poll
                 ;
                 and
                 the
                 Tenant
                 is
                 to
                 haue
                 a
                 notice
                 of
                 it
                 ,
                 and
                 to
                 atturne
                 it
                 ,
                 which
                 is
                 to
                 giue
                 his
                 assent
                 by
                 word
                 ,
                 or
                 paying
                 rent
                 ,
                 or
                 the
                 like
                 ;
                 and
                 except
                 the
                 Tenant
                 will
                 thus
                 atturne
                 the
                 partie
                 to
                 whom
                 the
                 Reuertion
                 is
                 granted
                 cannot
                 haue
                 the
                 Revertion
                 ,
                 neither
                 
                 can
                 he
                 compell
                 him
                 by
                 any
                 Law
                 to
                 atturne
                 ,
                 except
                 the
                 grant
                 of
                 the
                 Reuertion
                 be
                 by
                 fine
                 ;
                 and
                 then
                 ,
                 hee
                 may
                 by
                 writ
                 provided
                 for
                 that
                 purpose
                 :
                 and
                 if
                 hee
                 doe
                 not
                 purchase
                 by
                 that
                 writ
                 ,
                 yet
                 by
                 the
                 fine
                 ,
                 the
                 Revertion
                 shall
                 passe
                 ;
                 and
                 the
                 Tenant
                 shall
                 pay
                 no
                 rent
                 ,
                 except
                 he
                 will
                 himselfe
                 ,
                 nor
                 bee
                 punished
                 for
                 any
                 wastes
                 in
                 houses
                 ,
                 vnlesse
                 it
                 bee
                 graunted
                 by
                 bargaine
                 
                 and
                 Sale
                 by
                 Indenture
                 in
                 Rolles
                 ;
                 These
                 Fee
                 simple
                 estates
                 lye
                 open
                 to
                 all
                 perils
                 ,
                 Forfeitures
                 ,
                 Extents
                 ,
                 Incumbrances
                 and
                 sales
                 .
              
               
                 Lands
                 are
                 conueyed
                 by
                 these
                 
                 6.
                 meanes
                 ;
                 First
                 ,
                 by
                 Feofment
                 ,
                 
                 which
                 is
                 ,
                 where
                 by
                 Deed
                 Lands
                 are
                 giuen
                 to
                 one
                 and
                 his
                 heyres
                 ,
                 and
                 Liuerie
                 and
                 Seizein
                 made
                 accordingly
                 to
                 the
                 forme
                 and
                 effect
                 of
                 the
                 Deed
                 ,
                 if
                 a
                 lesser
                 estate
                 then
                 Fee-simple
                 bee
                 giuen
                 and
                 liuerie
                 of
                 seizein
                 made
                 it
                 is
                 not
                 called
                 a
                 Feofment
                 ,
                 except
                 the
                 Fee-simple
                 bee
                 conueyed
                 .
              
               
                 A
                 Fine
                 is
                 a
                 reall
                 agreement
                 ,
                 beginning
                 thus
                 ,
                 
                   Haec
                   est
                   finalis
                   Corcordia
                   &c.
                
                 
                 This
                 is
                 
                 done
                 before
                 the
                 Kings
                 Iudges
                 in
                 the
                 Court
                 of
                 Common
                 Pleas
                 ,
                 concerning
                 Lands
                 that
                 a
                 man
                 should
                 haue
                 from
                 another
                 to
                 him
                 and
                 his
                 Heyres
                 ,
                 or
                 to
                 him
                 for
                 his
                 Life
                 ,
                 or
                 to
                 him
                 and
                 the
                 heyres
                 males
                 of
                 his
                 body
                 ,
                 or
                 for
                 yeares
                 certaine
                 ,
                 whereupon
                 rent
                 may
                 bee
                 reserued
                 but
                 no
                 Condition
                 or
                 Couenants
                 .
                 This
                 Fine
                 is
                 a
                 Record
                 of
                 great
                 credit
                 ,
                 and
                 vpon
                 this
                 Fine
                 arc
                 foure
                 Proclamations
                 made
                 openly
                 in
                 the
                 Common
                 Pleas
                 ;
                 That
                 is
                 ,
                 in
                 euery
                 Terme
                 one
                 for
                 foure
                 Termes
                 together
                 ,
                 and
                 if
                 any
                 man
                 hauing
                 right
                 to
                 the
                 same
                 ,
                 make
                 not
                 his
                 
                 claime
                 within
                 fiue
                 yeares
                 after
                 the
                 Proclamations
                 ended
                 ,
                 hee
                 looseth
                 his
                 right
                 for
                 
                 euer
                 ;
                 except
                 he
                 an
                 Insant
                 ,
                 a
                 Woman
                 covett
                 ,
                 
                 a
                 Mad
                 man
                 ,
                 or
                 beyond
                 the
                 Seas
                 ,
                 and
                 
                 then
                 his
                 right
                 is
                 saued
                 ;
                 so
                 that
                 hee
                 claime
                 
                 within
                 fiue
                 yeares
                 after
                 the
                 death
                 of
                 her
                 
                 husband
                 full
                 Age
                 ,
                 recouerie
                 of
                 his
                 wits
                 ,
                 or
                 returne
                 frō
                 beyond
                 the
                 Seas
                 .
                 This
                 Fine
                 is
                 called
                 a
                 Feofment
                 of
                 Record
                 ,
                 because
                 that
                 
                 it
                 includeth
                 all
                 that
                 the
                 Feofment
                 doth
                 ,
                 &
                 worketh
                 further
                 of
                 his
                 owne
                 nature
                 ,
                 and
                 barreth
                 Intailes
                 peremptorily
                 whether
                 the
                 heyre
                 doth
                 clayme
                 within
                 fiue
                 yeares
                 or
                 not
                 ,
                 if
                 hee
                 clayme
                 by
                 him
                 that
                 leauied
                 the
                 Fine
                 .
              
               
                 Recoueries
                 are
                 where
                 for
                 assurances
                 of
                 Lands
                 the
                 parties
                 doe
                 agree
                 ,
                 that
                 one
                 shall
                 
                 begin
                 an
                 Action
                 reall
                 against
                 the
                 other
                 ,
                 as
                 though
                 hee
                 had
                 good
                 right
                 to
                 the
                 Land
                 ,
                 and
                 the
                 other
                 shall
                 not
                 enter
                 into
                 Defence
                 against
                 it
                 ,
                 but
                 alleadge
                 that
                 he
                 bought
                 the
                 Land
                 of
                 he
                 who
                 had
                 warranted
                 vnto
                 him
                 ,
                 and
                 pray
                 that
                 
                   I.
                   H.
                
                 may
                 be
                 called
                 in
                 to
                 defend
                 the
                 Title
                 ,
                 which
                 
                   I.
                   H.
                
                 is
                 one
                 of
                 the
                 Cryers
                 of
                 the
                 Common
                 Pieas
                 ,
                 and
                 is
                 called
                 the
                 
                   Common
                   Voucher
                
                 .
                 This
                 
                   I.
                   H.
                
                 shall
                 
                 appeare
                 and
                 make
                 as
                 if
                 he
                 would
                 defend
                 it
                 ,
                 but
                 shall
                 pray
                 a
                 day
                 to
                 bee
                 assigned
                 him
                 in
                 his
                 matter
                 of
                 Defence
                 ;
                 which
                 being
                 granted
                 him
                 at
                 the
                 Day
                 hee
                 maketh
                 Default
                 ,
                 
                 and
                 thereupon
                 the
                 Court
                 is
                 to
                 giue
                 judgement
                 against
                 him
                 which
                 cannot
                 bee
                 for
                 him
                 to
                 loose
                 his
                 Lands
                 ,
                 because
                 hee
                 hath
                 it
                 not
                 ;
                 but
                 the
                 partie
                 that
                 hee
                 hath
                 sold
                 it
                 to
                 ,
                 hath
                 that
                 who
                 vouched
                 him
                 to
                 warrant
                 it
                 .
              
               
                 Therefore
                 the
                 Demaundant
                 who
                 hath
                 
                 no
                 defence
                 made
                 against
                 it
                 ,
                 must
                 haue
                 Iudgement
                 to
                 haue
                 the
                 Land
                 against
                 him
                 that
                 hee
                 sued
                 (
                 who
                 is
                 called
                 the
                 Tenant
                 )
                 and
                 the
                 Tenant
                 is
                 to
                 haue
                 Iudgement
                 against
                 
                   l.
                   H.
                
                 to
                 recouer
                 in
                 value
                 so
                 much
                 
                 Land
                 of
                 his
                 ,
                 where
                 in
                 truth
                 hee
                 hath
                 none
                 ,
                 nor
                 neuer
                 will.
                 And
                 by
                 this
                 Deuice
                 grounded
                 vpon
                 the
                 strict
                 Principles
                 of
                 Law
                 ,
                 the
                 first
                 Tenant
                 looseth
                 the
                 Land
                 ,
                 and
                 hath
                 nothing
                 for
                 it
                 ;
                 but
                 it
                 is
                 his
                 owne
                 agreement
                 for
                 assurance
                 to
                 him
                 that
                 bought
                 it
                 .
              
               
                 This
                 Recouerie
                 barreth
                 Entayles
                 ,
                 and
                 
                 all
                 Remainders
                 and
                 reuersions
                 that
                 should
                 take
                 place
                 after
                 the
                 Entayles
                 ,
                 sauing
                 where
                 the
                 King
                 is
                 giuer
                 of
                 the
                 Fntayle
                 and
                 keepeth
                 the
                 Reuersion
                 to
                 himselfe
                 ;
                 then
                 neyther
                 the
                 Heyre
                 ,
                 nor
                 the
                 Remainder
                 ,
                 nor
                 Reuersion
                 ,
                 is
                 barred
                 by
                 the
                 recouerie
                 .
              
               
               
                 The
                 reason
                 why
                 the
                 Heires
                 ,
                 Remainders
                 ,
                 
                 and
                 Reuersions
                 are
                 thus
                 barred
                 ,
                 is
                 because
                 in
                 strict
                 Law
                 the
                 recompence
                 adjudged
                 against
                 the
                 Cryer
                 that
                 was
                 Vouchee
                 ,
                 is
                 to
                 goe
                 in
                 succession
                 of
                 Estate
                 as
                 the
                 Land
                 should
                 haue
                 done
                 ,
                 and
                 then
                 it
                 was
                 not
                 reason
                 to
                 allow
                 the
                 Heire
                 the
                 libertie
                 to
                 keepe
                 the
                 Land
                 it selfe
                 ,
                 and
                 also
                 to
                 haue
                 recompence
                 ;
                 and
                 therefore
                 hee
                 looseth
                 the
                 Land
                 ,
                 and
                 is
                 to
                 trust
                 to
                 the
                 Recompence
                 .
              
               
                 This
                 fleight
                 was
                 first
                 invented
                 ,
                 when
                 
                 Entayles
                 fell
                 out
                 to
                 bee
                 so
                 inconvenient
                 as
                 is
                 before
                 declared
                 ,
                 so
                 that
                 men
                 made
                 no
                 Conscience
                 to
                 cut
                 them
                 off
                 ,
                 so
                 they
                 could
                 finde
                 Law
                 for
                 it
                 .
                 And
                 now
                 by
                 vse
                 ,
                 those
                 Recoveries
                 are
                 become
                 common
                 assurances
                 against
                 Entayles
                 ,
                 Remainders
                 ,
                 and
                 Reversions
                 ,
                 and
                 the
                 greatest
                 security
                 Purchasers
                 haue
                 for
                 their
                 monyes
                 ;
                 for
                 a
                 Fine
                 will
                 barre
                 the
                 Heire
                 in
                 tayle
                 ,
                 but
                 not
                 the
                 Remainder
                 ,
                 nor
                 Reversion
                 ,
                 but
                 a
                 common
                 Recovery
                 will
                 barre
                 them
                 all
                 .
              
               
                 Vpon
                 Feofments
                 and
                 Recoveries
                 ,
                 the
                 
                 estate
                 doth
                 settle
                 as
                 the
                 vse
                 and
                 intent
                 of
                 the
                 parties
                 is
                 declared
                 by
                 word
                 or
                 writing
                 ,
                 before
                 the
                 Acts
                 was
                 done
                 ;
                 As
                 for
                 
                 example
                 .
                 If
                 they
                 make
                 a
                 writing
                 ,
                 that
                 one
                 of
                 them
                 shall
                 leavie
                 a
                 Fine
                 ,
                 make
                 a
                 Feosment
                 ,
                 or
                 suffer
                 a
                 common
                 Recoverie
                 to
                 the
                 other
                 ;
                 but
                 the
                 vse
                 and
                 intent
                 is
                 ,
                 that
                 one
                 should
                 haue
                 it
                 for
                 his
                 life
                 ,
                 and
                 after
                 his
                 decease
                 ,
                 a
                 stranger
                 to
                 haue
                 it
                 in
                 Tayle
                 ,
                 and
                 then
                 a
                 third
                 in
                 Fee-simple
                 .
                 In
                 this
                 case
                 the
                 Lord
                 setteth
                 an
                 estate
                 according
                 to
                 the
                 vse
                 and
                 intent
                 declared
                 ;
                 And
                 that
                 by
                 reason
                 of
                 the
                 Statute
                 made
                 27.
                 
                 HENRY
                 8.
                 
                 Concerning
                 the
                 Land
                 in
                 possession
                 to
                 him
                 that
                 hath
                 interest
                 in
                 the
                 vse
                 or
                 intent
                 of
                 the
                 Fine
                 ,
                 Feosment
                 ,
                 or
                 Recoverie
                 ;
                 according
                 to
                 the
                 vse
                 and
                 intent
                 of
                 the
                 parties
                 .
              
               
                 Vpon
                 this
                 Statute
                 is
                 likewise
                 grounded
                 
                 the
                 fourth
                 and
                 fifth
                 of
                 the
                 six
                 Conveyances
                 ,
                 viz.
                 Bargaines
                 ,
                 Sales
                 ,
                 Covenants
                 ,
                 to
                 stand
                 seized
                 to
                 vses
                 ;
                 For
                 this
                 Statute
                 ,
                 wheresoever
                 it
                 findeth
                 an
                 vse
                 ,
                 conjoyneth
                 the
                 possession
                 to
                 it
                 ,
                 and
                 turneth
                 it
                 into
                 like
                 quality
                 of
                 Estate
                 ,
                 Condition
                 ,
                 Rent
                 and
                 the
                 like
                 ,
                 as
                 the
                 vse
                 hath
                 .
              
               
                 The
                 vse
                 is
                 but
                 the
                 equity
                 and
                 Honestie
                 
                 to
                 hold
                 the
                 Land
                 in
                 
                   Canscientia
                   boni
                   viri
                
                 .
                 As
                 for
                 example
                 .
                 I
                 and
                 you
                 agree
                 that
                 I
                 
                 shall
                 giue
                 you
                 money
                 for
                 your
                 Land
                 ,
                 and
                 you
                 shall
                 make
                 no
                 assurance
                 of
                 it
                 .
                 I
                 pay
                 you
                 the
                 money
                 ,
                 but
                 you
                 made
                 mee
                 no
                 assurance
                 of
                 it
                 .
                 Yet
                 the
                 equitie
                 and
                 Honestie
                 to
                 haue
                 it
                 is
                 with
                 mee
                 ;
                 and
                 this
                 equity
                 is
                 called
                 the
                 Vse
                 ,
                 vpon
                 which
                 I
                 had
                 no
                 remedie
                 but
                 in
                 Chancerie
                 ,
                 vntill
                 this
                 Statute
                 made
                 27.
                 
                 HENRY
                 8.
                 and
                 now
                 
                 this
                 Statute
                 conjoyneth
                 and
                 containeth
                 the
                 Land
                 to
                 him
                 that
                 hath
                 the
                 vse
                 .
                 I
                 for
                 my
                 money
                 paid
                 to
                 you
                 ,
                 haue
                 the
                 Land
                 it selfe
                 ,
                 without
                 any
                 other
                 Conveyance
                 from
                 you
                 ;
                 and
                 is
                 called
                 a
                 Bargaine
                 and
                 Sale.
                 
              
               
                 But
                 the
                 Parliament
                 that
                 made
                 the
                 Statute
                 did
                 foresee
                 ,
                 that
                 it
                 would
                 bee
                 mischievous
                 that
                 mens
                 Lands
                 should
                 sodainly
                 
                 vpon
                 the
                 paiment
                 of
                 a
                 little
                 money
                 bee
                 taken
                 from
                 them
                 ,
                 peradventure
                 in
                 an
                 Alehouse
                 or
                 a
                 Taverne
                 vpon
                 straineable
                 advantages
                 ,
                 did
                 therefore
                 grauely
                 provide
                 an
                 other
                 Act
                 in
                 the
                 same
                 Parliament
                 ,
                 that
                 the
                 Land
                 vpon
                 payment
                 of
                 this
                 money
                 should
                 not
                 passe
                 away
                 ,
                 except
                 there
                 were
                 a
                 Writing
                 Indented
                 ,
                 made
                 betweene
                 the
                 said
                 two
                 Parties
                 ,
                 and
                 the
                 said
                 Writing
                 also
                 within
                 six
                 Moneths
                 ,
                 
                 Inrolled
                 in
                 some
                 of
                 the
                 Courts
                 at
                 
                 Westminster
                 ,
                 or
                 in
                 the
                 Sessions
                 Rolles
                 in
                 the
                 Shire
                 ,
                 where
                 the
                 Land
                 lyeth
                 ;
                 vnlesse
                 it
                 bee
                 in
                 Cities
                 or
                 Corporate
                 Townes
                 ,
                 where
                 they
                 did
                 vse
                 to
                 Enroll
                 Deeds
                 ,
                 and
                 there
                 the
                 Statute
                 extendeth
                 not
                 .
              
               
                 The
                 fifth
                 Conveyance
                 of
                 a
                 Fine
                 ;
                 is
                 a
                 
                 Conveyance
                 to
                 stand
                 seized
                 to
                 vses
                 ,
                 it
                 is
                 in
                 this
                 sort
                 ;
                 A
                 man
                 that
                 hath
                 a
                 Wife
                 and
                 Children
                 ,
                 Brethren
                 and
                 Kinsfolkes
                 ,
                 may
                 by
                 writing
                 vnder
                 his
                 Hand
                 ,
                 and
                 Seale
                 ;
                 agree
                 ,
                 that
                 for
                 him
                 ,
                 they
                 or
                 any
                 of
                 their
                 Heires
                 ,
                 hee
                 will
                 stand
                 seized
                 of
                 his
                 Lands
                 to
                 their
                 vses
                 ,
                 eyther
                 for
                 Life
                 in
                 Tayle
                 or
                 Fee
                 ,
                 so
                 as
                 hee
                 shall
                 see
                 cause
                 ;
                 vpon
                 which
                 agreement
                 in
                 Writing
                 ,
                 their
                 ariseth
                 an
                 
                 Equitie
                 or
                 Honestie
                 ,
                 that
                 the
                 Land
                 should
                 goe
                 according
                 to
                 those
                 agreements
                 ;
                 Nature
                 and
                 Reason
                 ,
                 allowing
                 these
                 provisions
                 ,
                 which
                 Equitie
                 and
                 Honestie
                 is
                 the
                 vse
                 .
                 And
                 the
                 vse
                 beeing
                 created
                 in
                 this
                 sort
                 ,
                 the
                 Statute
                 of
                 27
                 ,
                 HENRY
                 the
                 Eight
                 ,
                 before
                 mentioned
                 ;
                 conteyneth
                 the
                 Estate
                 of
                 the
                 Land
                 ,
                 as
                 the
                 vse
                 is
                 appointed
                 .
              
               
               
                 And
                 so
                 this
                 Convenant
                 to
                 stand
                 seized
                 
                 to
                 vses
                 ,
                 is
                 at
                 this
                 day
                 since
                 the
                 said
                 Statute
                 ,
                 a
                 Conveyance
                 of
                 Land
                 ,
                 and
                 with
                 this
                 difference
                 ,
                 from
                 a
                 Bargaine
                 and
                 sale
                 ;
                 in
                 that
                 this
                 needeth
                 no
                 Enrollment
                 as
                 a
                 Bargaine
                 and
                 Sale
                 doth
                 ,
                 nor
                 needeth
                 it
                 to
                 bee
                 in
                 writing
                 Indented
                 ,
                 as
                 Bargaine
                 and
                 Sale
                 must
                 ,
                 and
                 if
                 the
                 partie
                 to
                 whose
                 vse
                 hee
                 agreeth
                 to
                 stand
                 seized
                 of
                 the
                 Land
                 ,
                 bee
                 not
                 Wife
                 ,
                 or
                 Child
                 ,
                 Couzen
                 ,
                 or
                 one
                 that
                 hee
                 meaneth
                 to
                 marry
                 ;
                 then
                 will
                 no
                 vse
                 rise
                 ,
                 and
                 so
                 no
                 Conveyance
                 ;
                 for
                 although
                 ,
                 the
                 Law
                 alloweth
                 such
                 weightie
                 Considerations
                 of
                 Mariage
                 and
                 bloud
                 to
                 raise
                 vses
                 ,
                 yet
                 doth
                 it
                 not
                 admit
                 so
                 trifling
                 Considerations
                 ,
                 as
                 of
                 Acquittance
                 ,
                 Schooling
                 ,
                 Services
                 ,
                 or
                 the
                 like
                 .
              
               
                 But
                 where
                 a
                 man
                 maketh
                 an
                 estate
                 of
                 
                 his
                 Land
                 to
                 others
                 ,
                 by
                 Fine
                 ,
                 Feofment
                 or
                 Recoverie
                 ,
                 hee
                 may
                 then
                 appoint
                 the
                 vse
                 to
                 whom
                 hee
                 listeth
                 ,
                 without
                 respect
                 of
                 Marriage
                 ,
                 Kindred
                 ,
                 Money
                 or
                 other
                 things
                 ;
                 for
                 in
                 that
                 case
                 ,
                 his
                 owne
                 Will
                 and
                 Consideration
                 ,
                 guideth
                 the
                 equity
                 of
                 the
                 Estate
                 .
                 It
                 is
                 not
                 so
                 when
                 hee
                 maketh
                 no
                 estate
                 ,
                 But
                 agreeth
                 to
                 stand
                 seized
                 ,
                 
                 nor
                 when
                 hee
                 hath
                 taken
                 anything
                 ,
                 as
                 in
                 the
                 cases
                 of
                 Bargaine
                 and
                 Sale
                 ,
                 and
                 Covenant
                 to
                 stand
                 to
                 vses
                 .
              
               
                 The
                 last
                 of
                 the
                 six
                 Conueyances
                 ,
                 is
                 a
                 
                 Will
                 in
                 writing
                 ;
                 which
                 course
                 of
                 Conveyance
                 ,
                 was
                 first
                 ordained
                 by
                 a
                 Statute
                 made
                 32.
                 
                 HENRY
                 S.
                 Before
                 which
                 Statute
                 ,
                 no
                 man
                 might
                 giue
                 Land
                 by
                 will
                 ;
                 except
                 it
                 were
                 in
                 a
                 Borrough-Towne
                 ,
                 where
                 there
                 was
                 an
                 especiall
                 custome
                 ,
                 that
                 Men
                 might
                 giue
                 their
                 Lands
                 by
                 will
                 ;
                 as
                 in
                 London
                 ,
                 and
                 many
                 other
                 places
                 .
              
               
                 The
                 not-giving
                 of
                 Land
                 by
                 Will
                 ,
                 
                 was
                 thought
                 to
                 bee
                 a
                 defect
                 at
                 Common
                 Law
                 ,
                 that
                 men
                 vnawares
                 or
                 sudainely
                 falling
                 sicke
                 ,
                 had
                 not
                 power
                 to
                 dispose
                 of
                 their
                 Lands
                 ,
                 except
                 they
                 could
                 make
                 a
                 Feosment
                 ,
                 or
                 leavie
                 a
                 Fine
                 ,
                 or
                 suffer
                 a
                 Recoverie
                 ;
                 which
                 lacke
                 of
                 time
                 would
                 not
                 permit
                 ,
                 and
                 for
                 men
                 to
                 doe
                 it
                 by
                 these
                 meanes
                 ,
                 when
                 they
                 could
                 not
                 vndoe
                 it
                 againe
                 ,
                 was
                 hard
                 ;
                 besides
                 ,
                 even
                 to
                 the
                 last
                 houre
                 of
                 death
                 ,
                 mens
                 minds
                 might
                 alter
                 vpon
                 further
                 proofes
                 of
                 
                 their
                 Children
                 or
                 Kindred
                 ,
                 or
                 encrease
                 of
                 Children
                 or
                 debt
                 ,
                 or
                 defect
                 of
                 Servants
                 ,
                 or
                 friends
                 to
                 be
                 altered
                 .
              
               
                 For
                 which
                 cause
                 ,
                 it
                 was
                 reason
                 that
                 
                 the
                 Law
                 should
                 permit
                 him
                 to
                 Reserue
                 to
                 the
                 last
                 instant
                 ,
                 the
                 disposing
                 of
                 his
                 Lands
                 ,
                 and
                 to
                 giue
                 him
                 meanes
                 to
                 dispose
                 it
                 ,
                 which
                 seeing
                 it
                 did
                 not
                 fidy
                 serue
                 ,
                 men
                 vsed
                 this
                 devise
                 .
              
               
                 The
                 conveyed
                 their
                 full
                 estates
                 of
                 their
                 Lands
                 in
                 their
                 good
                 health
                 ,
                 to
                 friends
                 in
                 trust
                 ;
                 properly
                 called
                 Feoffees
                 in
                 trust
                 ,
                 and
                 then
                 they
                 would
                 by
                 their
                 wils
                 declare
                 how
                 their
                 Friends
                 should
                 dispose
                 of
                 their
                 Lands
                 and
                 if
                 those
                 Friends
                 would
                 not
                 performe
                 it
                 ,
                 the
                 Court
                 of
                 Chancery
                 was
                 to
                 compell
                 them
                 ,
                 by
                 reason
                 of
                 the
                 trust
                 ;
                 and
                 this
                 trust
                 was
                 called
                 ,
                 the
                 vse
                 of
                 the
                 Land
                 ;
                 so
                 as
                 the
                 Feoffees
                 had
                 the
                 Land
                 ,
                 and
                 the
                 partie
                 himselfe
                 had
                 the
                 vse
                 ,
                 which
                 vse
                 was
                 in
                 equity
                 ,
                 to
                 take
                 the
                 profits
                 for
                 himselfe
                 ,
                 and
                 that
                 the
                 Feoffees
                 should
                 make
                 such
                 an
                 estate
                 as
                 hee
                 should
                 appoint
                 them
                 ;
                 and
                 if
                 hee
                 appointed
                 none
                 ,
                 then
                 that
                 the
                 vse
                 should
                 goe
                 to
                 the
                 heire
                 ,
                 as
                 the
                 estate
                 it selfe
                 of
                 the
                 Land
                 
                 should
                 haue
                 done
                 ,
                 for
                 the
                 vse
                 was
                 to
                 the
                 Estate
                 ,
                 like
                 a
                 shadow
                 following
                 the
                 bodie
                 .
              
               
                 By
                 this
                 course
                 of
                 putting
                 Lands
                 into
                 
                 vse
                 ,
                 there
                 were
                 many
                 Inconveniencies
                 ;
                 as
                 this
                 vse
                 which
                 grew
                 first
                 for
                 a
                 reasonable
                 cause
                 ,
                 viz.
                 To
                 giue
                 men
                 power
                 and
                 libertie
                 to
                 dispose
                 of
                 their
                 owns
                 ,
                 was
                 turned
                 to
                 deceiue
                 many
                 of
                 their
                 just
                 and
                 reasonable
                 rights
                 ;
                 As
                 namely
                 ,
                 a
                 man
                 that
                 had
                 cause
                 to
                 sue
                 for
                 his
                 Land
                 ,
                 knew
                 not
                 against
                 whom
                 to
                 bring
                 his
                 action
                 ,
                 nor
                 who
                 was
                 owner
                 of
                 it
                 .
                 The
                 wife
                 was
                 defrauded
                 of
                 her
                 thirds
                 .
                 The
                 Husband
                 of
                 beeing
                 Tenant
                 by
                 curtesie
                 .
                 The
                 Lord
                 of
                 his
                 Wardship
                 ,
                 Reliefe
                 ,
                 Heriot
                 ,
                 and
                 Escheat
                 .
                 The
                 Creditor
                 of
                 his
                 Extent
                 for
                 Debt
                 .
                 The
                 poore
                 Tenant
                 of
                 his
                 Lease
                 ;
                 for
                 these
                 rights
                 and
                 duties
                 were
                 giuen
                 by
                 the
                 Law
                 from
                 him
                 that
                 was
                 owner
                 of
                 the
                 Land
                 ,
                 and
                 none
                 other
                 .
                 Which
                 was
                 now
                 the
                 Feoffee
                 of
                 trust
                 ,
                 and
                 so
                 the
                 old
                 owner
                 which
                 wee
                 call
                 the
                 Feoffor
                 should
                 take
                 the
                 profits
                 ,
                 and
                 leaue
                 the
                 power
                 to
                 dispose
                 of
                 the
                 Land
                 at
                 his
                 diseretion
                 to
                 the
                 Feoffee
                 ,
                 and
                 yet
                 hee
                 was
                 not
                 such
                 a
                 Tenant
                 to
                 bee
                 seized
                 of
                 the
                 Land
                 as
                 his
                 Wife
                 could
                 haue
                 Dower
                 ,
                 or
                 the
                 Lands
                 
                 bee
                 extended
                 for
                 his
                 Debts
                 ,
                 or
                 that
                 hee
                 could
                 forfeit
                 it
                 for
                 Felonie
                 or
                 Treason
                 ,
                 or
                 that
                 his
                 Heire
                 could
                 bee
                 in
                 warres
                 for
                 it
                 ,
                 or
                 any
                 duty
                 of
                 Tenure
                 fall
                 to
                 the
                 Lord
                 by
                 his
                 Death
                 ,
                 or
                 that
                 hee
                 could
                 make
                 any
                 Leases
                 of
                 it
                 .
              
               
                 Which
                 frauds
                 by
                 degrees
                 of
                 time
                 as
                 
                 they
                 encreased
                 ,
                 were
                 remedied
                 by
                 diuers
                 Statutes
                 ;
                 as
                 namely
                 ,
                 by
                 a
                 Statute
                 of
                 1.
                 
                 HENRY
                 ,
                 6.
                 and
                 4.
                 
                 HENRY
                 ,
                 8.
                 
                 It
                 was
                 appointed
                 
                 that
                 the
                 Action
                 may
                 bee
                 tryed
                 against
                 him
                 which
                 taketh
                 the
                 profits
                 ,
                 which
                 was
                 then
                 Cesty
                 and
                 vse
                 by
                 a
                 Stature
                 made
                 ,
                 1.
                 
                 RICHARD
                 ,
                 3.
                 
                 Leases
                 and
                 Estates
                 made
                 by
                 Cesty
                 and
                 Vse
                 are
                 made
                 good
                 ,
                 and
                 Estatutes
                 by
                 him
                 acknowledged
                 4.
                 
                 HENRY
                 ,
                 7.
                 the
                 Heire
                 of
                 Cesty
                 and
                 vse
                 is
                 to
                 bee
                 in
                 Ward
                 ,
                 16.
                 
                 HENRY
                 ,
                 8.
                 
                 The
                 Lord
                 is
                 to
                 haue
                 Reliefe
                 vpon
                 the
                 death
                 of
                 any
                 Cesty
                 and
                 vse
                 .
              
               
                 Which
                 frauds
                 neverthelesse
                 multiplying
                 dayly
                 ,
                 in
                 the
                 end
                 27.
                 
                 HENRY
                 8.
                 
                 
                 the
                 Parliament
                 purposing
                 to
                 take
                 away
                 all
                 those
                 Vses
                 ,
                 and
                 reducing
                 the
                 Law
                 to
                 the
                 the
                 ancient
                 forme
                 of
                 Conveying
                 of
                 Lands
                 by
                 publike
                 Liverie
                 of
                 Seizen
                 ,
                 Fine
                 ,
                 and
                 Recoverie
                 ;
                 did
                 ordaine
                 ,
                 that
                 where
                 Lands
                 were
                 put
                 in
                 trust
                 or
                 vse
                 ,
                 there
                 the
                 possession
                 and
                 estate
                 ,
                 should
                 bee
                 presently
                 carryed
                 out
                 of
                 the
                 Friends
                 in
                 trust
                 ,
                 and
                 setled
                 and
                 invested
                 on
                 him
                 that
                 had
                 the
                 Vses
                 ,
                 for
                 such
                 tearme
                 and
                 Time
                 as
                 hee
                 had
                 the
                 Vse
                 .
              
               
                 By
                 this
                 Statute
                 of
                 27.
                 
                 HENRY
                 ,
                 8.
                 the
                 
                 power
                 of
                 disposing
                 Lands
                 by
                 Will
                 ,
                 is
                 clearely
                 taken
                 away
                 amongst
                 those
                 frauds
                 ,
                 and
                 so
                 the
                 Statute
                 did
                 
                   Disponore
                   justum
                   cum
                   Imperio
                
                 ;
                 Whereupon
                 32.
                 
                 HENRY
                 ,
                 8.
                 an
                 other
                 Statute
                 was
                 made
                 ,
                 to
                 giue
                 men
                 power
                 to
                 giue
                 Lands
                 by
                 Will
                 in
                 this
                 sort
                 .
                 First
                 ,
                 it
                 must
                 bee
                 by
                 Will
                 in
                 writing
                 .
                 Secondly
                 ,
                 hee
                 must
                 bee
                 seized
                 of
                 an
                 Estate
                 in
                 Fee-simple
                 (
                 For
                 Tenant
                 for
                 an
                 other
                 mans
                 Life
                 )
                 or
                 Terme
                 in
                 Tayle
                 ,
                 cannot
                 giue
                 Land
                 by
                 Will
                 ,
                 by
                 that
                 Statute
                 3.
                 hee
                 must
                 bee
                 solely
                 seized
                 ,
                 and
                 not
                 joyntly
                 with
                 an
                 other
                 ;
                 and
                 then
                 beeing
                 thus
                 seized
                 for
                 all
                 the
                 Land
                 hee
                 holdeth
                 in
                 Soccage
                 Tenure
                 ,
                 hee
                 may
                 giue
                 it
                 by
                 the
                 Will
                 except
                 he
                 hold
                 any
                 peece
                 of
                 Land
                 in
                 Capite
                 by
                 Knight
                 Service
                 
                 of
                 the
                 King
                 ,
                 and
                 laying
                 all
                 his
                 lackes
                 together
                 ,
                 he
                 can
                 giue
                 but
                 two
                 parts
                 by
                 
                 Will
                 ;
                 for
                 the
                 third
                 part
                 of
                 the
                 whole
                 ,
                 as
                 well
                 in
                 Soccage
                 ,
                 as
                 in
                 Capite
                 must
                 descend
                 to
                 the
                 Heire
                 ,
                 to
                 answere
                 Wardship
                 ,
                 Liverie
                 and
                 Seizen
                 ,
                 to
                 the
                 Crowne
                 .
              
               
                 And
                 so
                 if
                 hee
                 hold
                 Lands
                 by
                 Knights
                 
                 Service
                 of
                 a
                 Subject
                 ,
                 hee
                 can
                 devise
                 of
                 the
                 Lands
                 but
                 two
                 parts
                 ,
                 and
                 the
                 third
                 ,
                 the
                 Lord
                 by
                 Wardship
                 ,
                 and
                 the
                 Heire
                 by
                 descent
                 is
                 to
                 hold
                 .
              
               
                 And
                 if
                 a
                 man
                 that
                 hath
                 three
                 Acres
                 of
                 
                 Land
                 holden
                 in
                 Capite
                 by
                 Knights
                 Service
                 ,
                 doe
                 make
                 a
                 joynture
                 to
                 his
                 Wife
                 of
                 one
                 ,
                 and
                 convey
                 an
                 other
                 to
                 any
                 of
                 his
                 Children
                 ,
                 or
                 to
                 Friends
                 ,
                 to
                 take
                 the
                 profits
                 ,
                 and
                 to
                 pay
                 his
                 Debts
                 or
                 Legacies
                 ,
                 or
                 Daughters
                 Portions
                 ,
                 then
                 the
                 third
                 Acre
                 or
                 any
                 part
                 thereof
                 hee
                 cannot
                 giue
                 by
                 Will
                 ,
                 but
                 must
                 suffer
                 it
                 to
                 descend
                 to
                 the
                 Heire
                 ,
                 and
                 that
                 must
                 satisfie
                 Wardship
                 .
              
               
               
                 Yet
                 a
                 Man
                 having
                 three
                 Acres
                 as
                 before
                 ,
                 
                 may
                 convey
                 all
                 to
                 his
                 wife
                 or
                 Children
                 by
                 Conveyance
                 in
                 his
                 Life
                 time
                 ,
                 as
                 by
                 Feolment
                 ,
                 Recoverie
                 ,
                 Bargaine
                 and
                 Sale
                 ,
                 or
                 Covenant
                 to
                 stand
                 to
                 vies
                 ,
                 and
                 to
                 dis-inherit
                 the
                 Heire
                 .
                 But
                 if
                 the
                 Heire
                 bee
                 within
                 age
                 ,
                 when
                 his
                 Father
                 dyeth
                 ,
                 the
                 King
                 or
                 other
                 Lord
                 shall
                 haue
                 that
                 Heire
                 in
                 Ward
                 ,
                 and
                 shall
                 haue
                 one
                 of
                 the
                 three
                 Acres
                 during
                 the
                 Wardship
                 ,
                 to
                 sue
                 Liverie
                 and
                 Seizen
                 .
                 But
                 at
                 full
                 age
                 the
                 Heire
                 shall
                 haue
                 no
                 part
                 
                 of
                 it
                 ,
                 but
                 it
                 shall
                 goe
                 according
                 to
                 the
                 Conveyance
                 made
                 by
                 the
                 Father
                 .
              
               
                 It
                 hath
                 beene
                 debated
                 how
                 the
                 thirds
                 
                 shall
                 bee
                 set
                 foorth
                 ,
                 For
                 it
                 is
                 the
                 vse
                 that
                 all
                 Lands
                 which
                 the
                 Father
                 leaveth
                 to
                 descend
                 to
                 the
                 Heire
                 beeing
                 Fee
                 simple
                 ,
                 or
                 
                 in
                 tayle
                 ,
                 must
                 bee
                 part
                 of
                 the
                 thirds
                 ;
                 and
                 if
                 it
                 bee
                 a
                 full
                 third
                 ,
                 then
                 the
                 King
                 ,
                 nor
                 Heire
                 ,
                 nor
                 Lord
                 ,
                 can
                 intermeddle
                 with
                 the
                 rest
                 ;
                 If
                 it
                 bee
                 not
                 a
                 full
                 third
                 ,
                 yet
                 they
                 must
                 take
                 it
                 so
                 much
                 as
                 it
                 is
                 ,
                 and
                 haue
                 a
                 supply
                 out
                 of
                 the
                 rest
                 .
              
               
               
                 This
                 supply
                 is
                 to
                 bee
                 taken
                 thus
                 ,
                 if
                 it
                 
                 bee
                 the
                 Kings
                 Ward
                 ,
                 then
                 by
                 a
                 Commission
                 out
                 of
                 the
                 Court
                 of
                 Wards
                 ,
                 whereupon
                 a
                 Iury
                 by
                 oath
                 ,
                 must
                 set
                 downe
                 so
                 much
                 as
                 shall
                 make
                 vp
                 the
                 thirds
                 ,
                 except
                 the
                 Officers
                 of
                 the
                 Court
                 of
                 Wards
                 ,
                 can
                 otherwise
                 agree
                 with
                 the
                 parties
                 .
                 If
                 there
                 bee
                 no
                 Wardship
                 due
                 to
                 the
                 King
                 ,
                 then
                 the
                 other
                 Lord
                 is
                 to
                 haue
                 a
                 supply
                 by
                 a
                 Commission
                 out
                 of
                 the
                 Chancetie
                 ,
                 and
                 a
                 Iury
                 thereupon
                 .
              
               
                 But
                 in
                 all
                 those
                 cases
                 ,
                 the
                 Statutes
                 doe
                 
                 giue
                 power
                 to
                 him
                 that
                 maketh
                 the
                 Will
                 to
                 set
                 foorth
                 and
                 appoint
                 of
                 himselfe
                 ,
                 which
                 Lands
                 shall
                 goe
                 for
                 the
                 thirds
                 ,
                 and
                 neither
                 King
                 nor
                 Lord
                 can
                 refuse
                 it
                 .
                 And
                 if
                 it
                 bee
                 not
                 enough
                 ,
                 yet
                 they
                 must
                 take
                 that
                 in
                 part
                 ,
                 and
                 onely
                 haue
                 a
                 supply
                 in
                 manner
                 as
                 before
                 is
                 mentioned
                 out
                 of
                 the
                 rest
                 .
              
            
             
               
               
                 Propertie
                 in
                 Goods
                 .
              
               
                 
                   Of
                   the
                   severall
                   wayes
                   whereby
                   a
                   man
                   may
                   get
                   Propertie
                   in
                   Goods
                   or
                   Chattels
                   .
                
                 
                   
                     
                       1.
                       
                       By
                       Guift
                       .
                    
                     
                       2.
                       
                       By
                       Sale.
                       
                    
                     
                       3.
                       
                       By
                       Stealing
                       .
                    
                     
                       4.
                       
                       By
                       Waiuing
                       .
                    
                     
                       5.
                       
                       By
                       Straying
                       .
                    
                     
                       6.
                       
                       By
                       Shipwracke
                       .
                    
                     
                       7.
                       
                       By
                       Forferture
                       .
                    
                     
                       8.
                       
                       By
                       Executorship
                       .
                    
                     
                       9.
                       
                       By
                       Administration
                       .
                    
                     
                       10.
                       
                       By
                       Legacie
                       .
                    
                  
                
              
               
                 
                   1.
                   
                   Propertie
                   by
                   guift
                
                 
                   BY
                   guift
                   ,
                   Propertie
                   is
                   when
                   the
                   property
                   
                   of
                   Goods
                   may
                   be
                   passed
                   by
                   word
                   or
                   writing
                   ,
                   but
                   if
                   there
                   bee
                   a
                   generall
                   Deed
                   of
                   Guift
                   made
                   of
                   all
                   his
                   Goods
                   ,
                   this
                   is
                   suspirious
                   to
                   bee
                   done
                   vpon
                   fraud
                   ,
                   to
                   deceiue
                   the
                   Creditors
                   .
                
                 
                   And
                   if
                   that
                   a
                   man
                   who
                   is
                   in
                   Debt
                   ,
                   make
                   a
                   Deed
                   of
                   guift
                   of
                   all
                   his
                   Goods
                   to
                   protract
                   
                   the
                   taking
                   of
                   them
                   in
                   Execution
                   for
                   his
                   debt
                   ,
                   this
                   Deed
                   of
                   Guift
                   is
                   void
                   ,
                   as
                   against
                   those
                   to
                   whom
                   hee
                   stood
                   indebted
                   ,
                   but
                   as
                   against
                   himselfe
                   his
                   owne
                   Executors
                   or
                   Administrators
                   ,
                   or
                   any
                   man
                   to
                   whom
                   afterwards
                   hee
                   shall
                   sell
                   or
                   Convey
                   them
                   ,
                   it
                   is
                   good
                   .
                
              
               
                 
                   2.
                   
                   By
                   Sale.
                   
                
                 
                   PRopertie
                   in
                   Goods
                   by
                   Sale.
                   By
                   Sale
                   
                   any
                   man
                   may
                   convey
                   his
                   owne
                   Goods
                   to
                   another
                   ,
                   and
                   although
                   hee
                   may
                   feare
                   Execution
                   for
                   Debts
                   ,
                   hee
                   may
                   sell
                   them
                   out-right
                   for
                   money
                   at
                   any
                   time
                   before
                   the
                   Execution
                   served
                   ,
                   so
                   that
                   there
                   be
                   no
                   reservation
                   of
                   trust
                   betweene
                   them
                   ,
                   yet
                   providing
                   the
                   money
                   ,
                   hee
                   shall
                   haue
                   the
                   goods
                   againe
                   ;
                   for
                   that
                   trust
                   in
                   such
                   case
                   ,
                   doth
                   proue
                   plainely
                   a
                   fraud
                   to
                   prevent
                   the
                   Creditors
                   from
                   taking
                   the
                   goods
                   in
                   Execution
                   .
                
              
               
                 
                 
                   3.
                   
                   By
                   Theft
                   or
                   taking
                   in
                   Iest.
                   
                
                 
                   PRopertie
                   of
                   Goods
                   by
                   Theft
                   or
                   taking
                   
                   in
                   Iest.
                   If
                   any
                   Man
                   steale
                   my
                   Goods
                   or
                   Chattels
                   ,
                   or
                   take
                   them
                   from
                   mee
                   in
                   Iest
                   ,
                   or
                   borrow
                   them
                   of
                   mee
                   ,
                   or
                   as
                   a
                   Traitor
                   or
                   Felon
                   carry
                   them
                   to
                   the
                   Market
                   or
                   Faire
                   ,
                   and
                   there
                   sell
                   them
                   ,
                   this
                   Sale
                   doth
                   barre
                   mee
                   of
                   the
                   propertie
                   of
                   my
                   Goods
                   ,
                   saving
                   that
                   if
                   hee
                   bee
                   a
                   horse
                   hee
                   must
                   bee
                   ridden
                   two
                   houres
                   in
                   the
                   Market
                   or
                   Faire
                   ,
                   betweene
                   Ten
                   and
                   fiue
                   a
                   clocke
                   ,
                   and
                   Tolled
                   for
                   in
                   the
                   Tolle-Booke
                   ,
                   and
                   the
                   seller
                   must
                   bring
                   one
                   to
                   avouch
                   his
                   sale
                   knowne
                   to
                   thee
                   Tolle-booke-keeper
                   ,
                   or
                   else
                   the
                   sale
                   bindeth
                   mee
                   not
                   .
                   And
                   for
                   any
                   other
                   goods
                   ,
                   where
                   the
                   Sale
                   in
                   a
                   Market
                   or
                   faire
                   shall
                   barre
                   the
                   owner
                   beeing
                   not
                   the
                   seller
                   of
                   his
                   Propertie
                   .
                
                 
                   It
                   must
                   bee
                   sale
                   in
                   a
                   Market
                   or
                   Faire
                   
                   where
                   vsuall
                   things
                   of
                   that
                   Nature
                   are
                   sold.
                   As
                   for
                   example
                   ,
                   if
                   a
                   men
                   steale
                   a
                   Horse
                   ,
                   and
                   sell
                   him
                   in
                   Smithfield
                   ,
                   the
                   true
                   owner
                   is
                   barred
                   by
                   this
                   Sale
                   ;
                   but
                   if
                   he
                   
                   sell
                   the
                   Horse
                   in
                   Cheapeside
                   ,
                   Newgate
                   or
                   or
                   Westminster
                   market
                   ,
                   the
                   true
                   owner
                   is
                   not
                   barred
                   by
                   this
                   Sale
                   ;
                   because
                   ,
                   these
                   Markets
                   are
                   vsuall
                   for
                   flesh
                   ,
                   Fish
                   ,
                   &c.
                   and
                   not
                   for
                   Horses
                   .
                
                 
                   So
                   whereas
                   by
                   Custome
                   of
                   London
                   ,
                   every
                   Shop
                   there
                   is
                   a
                   Market
                   all
                   the
                   dayes
                   of
                   the
                   weeke
                   ,
                   sauing
                   Sundayes
                   and
                   Holydayes
                   ;
                   Yet
                   ,
                   if
                   a
                   peece
                   of
                   Plate
                   ,
                   or
                   Iewell
                   that
                   is
                   lost
                   ,
                   or
                   Chaine
                   of
                   Gold
                   or
                   Pearle
                   that
                   is
                   stolne
                   or
                   borrowed
                   ,
                   be
                   sold
                   in
                   a
                   Drapers
                   or
                   Scriueners
                   Shop
                   ,
                   or
                   any
                   others
                   but
                   a
                   Goldsmith
                   ,
                   the
                   Sale
                   barreth
                   not
                   the
                   true
                   owner
                   ,
                   
                     Et
                     sic
                     in
                     Simili
                  
                   .
                
                 
                   Yet
                   by
                   stealing
                   alone
                   of
                   the
                   Goods
                   ,
                   the
                   Thiefe
                   getteth
                   not
                   such
                   propertie
                   ,
                   
                   but
                   that
                   the
                   owner
                   may
                   Seize
                   them
                   againe
                   wheresoever
                   hee
                   findeth
                   them
                   ;
                   except
                   they
                   were
                   sold
                   in
                   Faire
                   or
                   Market
                   ,
                   after
                   they
                   were
                   stolne
                   ;
                   and
                   that
                   
                     bona
                     fide
                  
                   ,
                   without
                   fraud
                   .
                
                 
                 
                   But
                   if
                   the
                   Thiefe
                   bee
                   condemned
                   of
                   
                   the
                   Felonie
                   ,
                   or
                   outlawed
                   for
                   the
                   same
                   ,
                   or
                   outlawed
                   in
                   any
                   personall
                   Action
                   ,
                   or
                   haue
                   committed
                   a
                   forfeiture
                   of
                   the
                   Goods
                   to
                   the
                   Crowne
                   ,
                   then
                   the
                   true
                   owner
                   is
                   without
                   remedie
                   .
                
                 
                   Neverthelesse
                   if
                   fresh
                   after
                   the
                   goods
                   were
                   stolne
                   ,
                   the
                   true
                   owner
                   maketh
                   persuit
                   
                   after
                   the
                   Thiefe
                   and
                   Goods
                   ,
                   and
                   taketh
                   the
                   Goods
                   with
                   the
                   Thiefe
                   ,
                   hee
                   may
                   take
                   them
                   againe
                   ;
                   And
                   if
                   hee
                   make
                   no
                   fresh
                   persuit
                   ,
                   yet
                   if
                   hee
                   prosecute
                   the
                   Felon
                   ,
                   soe
                   farre
                   as
                   Iustice
                   requireth
                   .
                
                 
                   This
                   is
                   to
                   haue
                   Arraigned
                   ,
                   Indicted
                   ,
                   and
                   found
                   guilty
                   (
                   though
                   hee
                   bee
                   not
                   
                   hanged
                   ,
                   nor
                   haue
                   Iudgement
                   of
                   Death
                   )
                   in
                   all
                   these
                   cases
                   hee
                   shall
                   haue
                   his
                   goods
                   againe
                   ,
                   by
                   a
                   writ
                   of
                   Restitution
                   ,
                   to
                   the
                   partie
                   in
                   whose
                   hands
                   they
                   are
                   .
                
              
               
                 
                 
                   4.
                   
                   By
                   wayuing
                   of
                   Goods
                   .
                
                 
                   BY
                   Wayuing
                   of
                   Goods
                   ,
                   a
                   propertie
                   is
                   gotten
                   thus
                   .
                   A
                   Thiefe
                   hauing
                   stolne
                   goods
                   beeing
                   persued
                   flyeth
                   away
                   and
                   leaveth
                   the
                   goods
                   ,
                   This
                   leauing
                   is
                   called
                   Wauing
                   ,
                   and
                   the
                   propertie
                   is
                   in
                   the
                   King
                   ;
                   except
                   the
                   Lords
                   of
                   the
                   Mannor
                   haue
                   right
                   to
                   it
                   ,
                   by
                   Custome
                   or
                   Charter
                   .
                
                 
                   But
                   if
                   the
                   Felon
                   bee
                   Indicted
                   or
                   adjudged
                   ,
                   or
                   found
                   guiltie
                   ,
                   or
                   outlawed
                   at
                   the
                   suit
                   of
                   the
                   Owner
                   of
                   these
                   goods
                   ,
                   hee
                   shall
                   haue
                   Restitution
                   of
                   these
                   goods
                   ,
                   as
                   before
                   .
                
              
               
                 
                   5.
                   
                   By
                   Straying
                   .
                
                 
                   BY
                   Straying
                   ,
                   propertie
                   in
                   liue
                   Chattels
                   ,
                   is
                   thus
                   gotten
                   .
                   When
                   they
                   come
                   into
                   other
                   mens
                   grounds
                   ,
                   then
                   the
                   partie
                   or
                   Lord
                   into
                   whose
                   grounds
                   or
                   Mannors
                   they
                   come
                   ,
                   causeth
                   them
                   to
                   bee
                   seized
                   ,
                   
                   and
                   a
                   With
                   put
                   about
                   their
                   neckes
                   ,
                   and
                   to
                   bee
                   cryed
                   in
                   three
                   Markets
                   adjoyning
                   ,
                   shewing
                   the
                   markes
                   of
                   the
                   Chattell
                   ;
                   which
                   done
                   ,
                   if
                   the
                   true
                   owner
                   claymed
                   them
                   not
                   within
                   a
                   Yeare
                   and
                   a
                   day
                   ,
                   then
                   the
                   propertie
                   of
                   them
                   is
                   in
                   the
                   Lord
                   of
                   the
                   Mannor
                   whereunto
                   they
                   did
                   stray
                   ;
                   If
                   hee
                   haue
                   all
                   strayes
                   by
                   Custome
                   or
                   Charter
                   ,
                   else
                   to
                   the
                   King.
                   
                
              
               
                 
                   6.
                   
                   Wracke
                   ,
                   and
                   when
                   it
                   shall
                   be
                   said
                   to
                   bee
                   .
                
                 
                   BY
                   Shipwracke
                   ,
                   propertie
                   of
                   Goods
                   is
                   gotten
                   .
                   When
                   a
                   Ship
                   loaden
                   is
                   cast
                   away
                   vpon
                   the
                   Coasts
                   ,
                   so
                   that
                   no
                   living
                   Creature
                   that
                   was
                   in
                   it
                   when
                   it
                   began
                   to
                   sinke
                   escapeth
                   to
                   Land
                   with
                   life
                   ,
                   then
                   all
                   those
                   Goods
                   are
                   said
                   to
                   bee
                   wracked
                   ,
                   and
                   they
                   belong
                   to
                   the
                   Crowne
                   if
                   they
                   can
                   bee
                   found
                   ;
                   except
                   the
                   Lord
                   of
                   the
                   Soyle
                   adjoyning
                   ,
                   can
                   intitle
                   himselfe
                   vnto
                   them
                   by
                   Custome
                   ,
                   or
                   by
                   the
                   Kings
                   Charter
                   .
                
              
               
                 
                 
                   7.
                   
                   Forfeitures
                   .
                
                 
                   BY
                   Forfeitures
                   ,
                   Goods
                   and
                   Chattels
                   are
                   thus
                   gotten
                   ;
                   If
                   the
                   Owner
                   bee
                   outlawed
                   ,
                   if
                   hee
                   bee
                   indicted
                   of
                   Felonie
                   ,
                   or
                   Treason
                   ,
                   or
                   eyther
                   confesse
                   it
                   ,
                   or
                   bee
                   found
                   guilty
                   of
                   it
                   ,
                   or
                   refuse
                   to
                   bee
                   tryed
                   by
                   Peeres
                   or
                   Iury
                   ,
                   or
                   bee
                   attainted
                   by
                   Iury
                   ,
                   or
                   flye
                   for
                   Felony
                   although
                   hee
                   bee
                   not
                   guilty
                   ,
                   or
                   suffer
                   the
                   Exigent
                   to
                   goe
                   foorth
                   against
                   him
                   ;
                   although
                   he
                   bee
                   not
                   outlawed
                   ,
                   or
                   goe
                   over
                   the
                   Seas
                   without
                   license
                   ,
                   all
                   the
                   goods
                   hee
                   had
                   at
                   the
                   Iudgement
                   ,
                   he
                   forfeiteth
                   to
                   the
                   Crowne
                   ;
                   except
                   some
                   Lord
                   by
                   Charter
                   can
                   claime
                   them
                   .
                   For
                   in
                   those
                   cases
                   prescripts
                   will
                   not
                   serue
                   ,
                   except
                   it
                   bee
                   so
                   ancient
                   ,
                   that
                   it
                   hath
                   had
                   allowance
                   before
                   the
                   Iustices
                   in
                   Eyre
                   in
                   theyr
                   Circuits
                   ,
                   or
                   in
                   the
                   Kings
                   Bench
                   in
                   ancient
                   time
                   .
                
              
               
                 
                 
                   8.
                   
                   By
                   Executorship
                   .
                
                 
                   BY
                   Executorship
                   ,
                   goods
                   are
                   gotten
                   .
                   When
                   a
                   man
                   is
                   possessed
                   of
                   Gods
                   maketh
                   his
                   Last
                   Will
                   and
                   Testament
                   in
                   writing
                   or
                   by
                   Word
                   ,
                   and
                   maketh
                   one
                   or
                   more
                   Executors
                   thereof
                   ;
                   These
                   Executors
                   ,
                   haue
                   by
                   the
                   Will
                   and
                   ceath
                   of
                   the
                   parties
                   ,
                   all
                   the
                   propertie
                   of
                   their
                   Goods
                   ,
                   Chattels
                   ,
                   Leases
                   for
                   Yeares
                   ,
                   Wardships
                   and
                   Extents
                   ,
                   and
                   all
                   right
                   concerning
                   those
                   things
                   .
                
                 
                   Those
                   Executors
                   may
                   meddle
                   with
                   
                   the
                   Goods
                   ,
                   and
                   dispose
                   them
                   before
                   they
                   proue
                   the
                   Will
                   ,
                   but
                   they
                   cannot
                   bring
                   an
                   action
                   for
                   any
                   Debt
                   or
                   duety
                   ,
                   before
                   they
                   haue
                   proved
                   the
                   Will.
                   
                
                 
                 
                   The
                   prouing
                   of
                   the
                   Will
                   is
                   thus
                   .
                   
                   They
                   are
                   to
                   exhibite
                   the
                   Will
                   into
                   the
                   Byshops
                   Court
                   ,
                   and
                   there
                   they
                   are
                   to
                   exhibite
                   the
                   Will
                   into
                   the
                   Byshops
                   Court
                   ,
                   and
                   there
                   they
                   are
                   to
                   be
                   sworne
                   and
                   the
                   Byshops
                   Officers
                   are
                   to
                   keepe
                   the
                   Will
                   Originall
                   ,
                   and
                   certifie
                   the
                   Copie
                   thereof
                   in
                   Parchment
                   vnder
                   the
                   Byshops
                   Seale
                   of
                   Office
                   ,
                   which
                   Parchment
                   so
                   sealed
                   ,
                   is
                   called
                   the
                   Will
                   proved
                   .
                
              
               
                 
                 
                   9.
                   
                   By
                   Letters
                   of
                   Administration
                   .
                
                 
                   BY
                   Letters
                   of
                   Administration
                   ,
                   propertie
                   in
                   goods
                   is
                   thus
                   gotten
                   .
                   When
                   a
                   man
                   possessed
                   of
                   goods
                   dyeth
                   without
                   any
                   Will
                   ,
                   there
                   such
                   things
                   as
                   the
                   Executors
                   should
                   haue
                   had
                   if
                   he
                   had
                   made
                   a
                   Will
                   ,
                   were
                   by
                   ancient
                   Law
                   to
                   haue
                   come
                   to
                   the
                   Byshop
                   of
                   the
                   Diocesse
                   ,
                   to
                   dispose
                   for
                   the
                   good
                   of
                   his
                   Soule
                   that
                   dyed
                   ,
                   he
                   first
                   paying
                   his
                   Funerals
                   and
                   Debts
                   ,
                   and
                   giving
                   the
                   rest
                   
                     Ad
                     pios
                     vsus
                  
                   .
                   
                
                 
                   This
                   is
                   now
                   altered
                   by
                   Statute
                   Lawes
                   ,
                   so
                   as
                   the
                   Bishops
                   are
                   to
                   graunt
                   Letters
                   of
                   Administration
                   of
                   the
                   goods
                   at
                   this
                   day
                   to
                   the
                   Wife
                   if
                   shee
                   require
                   it
                   ,
                   or
                   Children
                   or
                   next
                   of
                   kin
                   ;
                   If
                   they
                   resnse
                   it
                   as
                   often
                   they
                   doe
                   ,
                   because
                   the
                   debts
                   are
                   greater
                   then
                   the
                   estate
                   will
                   beate
                   ,
                   then
                   some
                   Creditor
                   or
                   some
                   other
                   will
                   take
                   it
                   as
                   the
                   Byshops
                   Officers
                   shall
                   thinke
                   meet
                   .
                   It
                   groweth
                   often
                   in
                   question
                   what
                   Byshop
                   shall
                   haue
                   the
                   right
                   of
                   proving
                   Wills
                   ,
                   and
                   
                   graunting
                   Administration
                   of
                   goods
                   .
                
                 
                 
                   In
                   which
                   Controuersie
                   the
                   rule
                   is
                   thus
                   .
                   
                   That
                   if
                   the
                   partie
                   dead
                   had
                   at
                   the
                   time
                   of
                   his
                   Death
                   
                     Bona
                     notabilia
                  
                   in
                   diuers
                   Diocesse
                   of
                   some
                   reasonable
                   value
                   ,
                   then
                   the
                   Arch-bishop
                   of
                   the
                   Prouince
                   where
                   hee
                   dyed
                   is
                   to
                   haue
                   :
                   the
                   apptobation
                   of
                   his
                   Will
                   ,
                   and
                   to
                   graunt
                   the
                   Administration
                   of
                   his
                   goods
                   as
                   the
                   case
                   falleth
                   out
                   ;
                   otherwise
                   ,
                   the
                   Bishop
                   of
                   the
                   Diocesse
                   where
                   hee
                   dyed
                   is
                   to
                   doe
                   it
                   .
                
                 
                   If
                   there
                   bee
                   but
                   one
                   Executor
                   made
                   ,
                   yet
                   
                   hee
                   may
                   refuse
                   the
                   Executorship
                   comming
                   before
                   the
                   Bishop
                   ,
                   so
                   that
                   hee
                   hath
                   not
                   entermedled
                   with
                   any
                   of
                   the
                   goods
                   before
                   ,
                   or
                   with
                   receiuing
                   Debts
                   ,
                   or
                   paying
                   Legacies
                   .
                
                 
                   And
                   if
                   there
                   bee
                   more
                   Executors
                   then
                   one
                   ,
                   so
                   many
                   as
                   list
                   may
                   refuse
                   ;
                   and
                   if
                   
                   any
                   one
                   take
                   it
                   vpon
                   him
                   ,
                   the
                   rest
                   that
                   did
                   once
                   refuse
                   may
                   when
                   they
                   will
                   take
                   it
                   vpon
                   them
                   ,
                   and
                   no
                   Executor
                   shall
                   bee
                   further
                   charged
                   with
                   Debts
                   or
                   Legacies
                   ,
                   then
                   the
                   value
                   of
                   the
                   Goods
                   come
                   to
                   his
                   hands
                   ;
                   So
                   that
                   hee
                   fore-see
                   ,
                   that
                   hee
                   pay
                   Debts
                   vpon
                   Record
                   ,
                   debts
                   to
                   the
                   King
                   ;
                   Then
                   vpon
                   Iudgements
                   ;
                   
                   Statutes
                   ,
                   Recognizances
                   ,
                   then
                   Debts
                   by
                   Bond
                   and
                   Bill
                   sealed
                   ,
                   Rent
                   vnpayed
                   ,
                   Seruants
                   wages
                   ,
                   payment
                   to
                   head
                   workmen
                   ;
                   and
                   lastly
                   ,
                   Shop-bookes
                   ,
                   and
                   contracts
                   by
                   Word
                   .
                   For
                   if
                   an
                   Executor
                   ,
                   or
                   Administrator
                   pay
                   debts
                   to
                   others
                   before
                   to
                   the
                   King
                   ,
                   or
                   Debts
                   due
                   by
                   Bond
                   before
                   those
                   due
                   by
                   Record
                   ,
                   or
                   debts
                   by
                   Shop-bookes
                   and
                   Contracts
                   before
                   those
                   by
                   Bond
                   ,
                   arrerages
                   of
                   Rent
                   ,
                   and
                   Seruants
                   wages
                   ,
                   hee
                   shall
                   pay
                   the
                   same
                   ouer
                   agains
                   to
                   those
                   others
                   in
                   the
                   sayd
                   degrees
                   .
                
                 
                   But
                   yet
                   the
                   Law
                   giueth
                   them
                   choyce
                   ,
                   
                   that
                   where
                   diuers
                   haue
                   Debts
                   due
                   in
                   equall
                   degree
                   of
                   Record
                   or
                   specialty
                   ,
                   hee
                   may
                   pay
                   which
                   of
                   them
                   hee
                   will
                   ,
                   before
                   any
                   suite
                   brought
                   against
                   him
                   ;
                   but
                   if
                   suite
                   bee
                   brought
                   hee
                   must
                   first
                   pay
                   them
                   that
                   get
                   Iudgement
                   against
                   him
                   .
                
                 
                   Any
                   one
                   Executor
                   may
                   conuey
                   the
                   Goods
                   ,
                   or
                   release
                   Debts
                   without
                   his
                   companion
                   ,
                   
                   and
                   any
                   one
                   by
                   himselfe
                   may
                   doe
                   as
                   much
                   as
                   altogether
                   ;
                   but
                   one
                   mans
                   releasing
                   of
                   Debts
                   or
                   selling
                   of
                   Goods
                   ,
                   shall
                   not
                   Charge
                   the
                   other
                   to
                   pay
                   so
                   much
                   of
                   the
                   Goods
                   ,
                   if
                   there
                   bee
                   not
                   enough
                   to
                   pay
                   debts
                   ;
                   but
                   ,
                   it
                   shall
                   charge
                   the
                   party
                   himselfe
                   that
                   did
                   so
                   release
                   or
                   conuey
                   .
                
                 
                 
                   But
                   it
                   is
                   not
                   so
                   with
                   Administrators
                   ,
                   for
                   they
                   haue
                   but
                   one
                   authoritie
                   giuen
                   them
                   
                   by
                   the
                   Bishop
                   ouer
                   the
                   goods
                   ,
                   which
                   authoritie
                   beeing
                   giuen
                   to
                   many
                   is
                   to
                   bee
                   executed
                   by
                   all
                   of
                   them
                   joyned
                   together
                   .
                
                 
                   And
                   if
                   an
                   Executor
                   dye
                   making
                   an
                   Executor
                   ,
                   
                   the
                   second
                   Executor
                   is
                   Executor
                   to
                   the
                   first
                   Testator
                   .
                
                 
                   But
                   if
                   an
                   Administrator
                   dye
                   intestate
                   ,
                   then
                   his
                   Administrator
                   shall
                   not
                   bee
                   Executor
                   to
                   the
                   first
                   ;
                   But
                   in
                   that
                   Case
                   the
                   
                   Bishop
                   ,
                   whom
                   wee
                   call
                   the
                   Ordinarie
                   is
                   to
                   commit
                   the
                   Administration
                   of
                   the
                   first
                   Testators
                   goods
                   to
                   his
                   Wife
                   ,
                   or
                   next
                   of
                   kinne
                   ,
                   as
                   if
                   hee
                   had
                   dyed
                   intestate
                   ;
                   Alwayes
                   prouided
                   ,
                   that
                   ,
                   that
                   which
                   the
                   Executor
                   did
                   in
                   his
                   life-time
                   ,
                   is
                   to
                   bee
                   allowed
                   for
                   good
                   .
                   And
                   so
                   if
                   an
                   Administrator
                   dye
                   and
                   make
                   his
                   Executor
                   ,
                   the
                   Executor
                   of
                   the
                   Administrator
                   shall
                   not
                   bee
                   Executor
                   to
                   the
                   first
                   intestate
                   ;
                   But
                   the
                   Ordinarie
                   must
                   new
                   commit
                   the
                   Administration
                   of
                   the
                   goods
                   of
                   the
                   first
                   Intestate
                   .
                
                 
                   Againe
                   ,
                   if
                   the
                   Executor
                   or
                   Administrator
                   
                   pay
                   Debts
                   ,
                   or
                   Funerals
                   ,
                   or
                   Legacies
                   of
                   his
                   owne
                   money
                   hee
                   may
                   retaine
                   so
                   much
                   of
                   the
                   goods
                   in
                   kind
                   of
                   the
                   Testator
                   
                   or
                   intestate
                   ,
                   and
                   shall
                   haue
                   propertie
                   of
                   it
                   in
                   kind
                   .
                
              
               
                 
                   10.
                   
                   Propertie
                   by
                   Logacie
                   .
                
                 
                   PRopertie
                   by
                   Legacie
                   ,
                   is
                   where
                   a
                   man
                   maketh
                   a
                   Will
                   and
                   Executors
                   ,
                   and
                   giueth
                   Legacies
                   ,
                   hee
                   or
                   they
                   to
                   whom
                   the
                   Legacies
                   are
                   giuen
                   must
                   haue
                   the
                   assent
                   
                   of
                   the
                   Executors
                   or
                   one
                   of
                   them
                   to
                   haue
                   his
                   Legacie
                   ,
                   and
                   the
                   propertie
                   of
                   that
                   Lease
                   or
                   other
                   goods
                   bequeathed
                   vnto
                   him
                   ,
                   is
                   sayd
                   to
                   bee
                   in
                   him
                   ;
                   but
                   hee
                   may
                   not
                   enter
                   nor
                   take
                   his
                   Legacie
                   without
                   the
                   assent
                   of
                   the
                   Executors
                   or
                   one
                   of
                   them
                   ;
                   because
                   ,
                   the
                   Executors
                   are
                   charged
                   to
                   pay
                   Debts
                   before
                   Legacies
                   .
                   And
                   if
                   one
                   of
                   them
                   assent
                   to
                   pay
                   Legacies
                   hee
                   shall
                   pay
                   the
                   value
                   thereof
                   of
                   his
                   owne
                   purse
                   .
                
                 
                   But
                   this
                   is
                   to
                   bee
                   vnderstood
                   ,
                   by
                   debts
                   
                   of
                   Record
                   to
                   the
                   King
                   ,
                   or
                   by
                   Bill
                   and
                   Bond
                   sealed
                   ,
                   or
                   arrerages
                   of
                   Rent
                   ,
                   or
                   Seruants
                   or
                   Workmens
                   wages
                   ;
                   and
                   not
                   debts
                   of
                   Shop-bookes
                   ,
                   or
                   Bills
                   vnsealed
                   ,
                   or
                   Contract
                   by
                   word
                   ;
                   for
                   before
                   them
                   Legacies
                   are
                   to
                   bee
                   payed
                   .
                
                 
                 
                   And
                   if
                   the
                   Executors
                   doubt
                   that
                   they
                   shall
                   not
                   haue
                   enough
                   to
                   pay
                   euery
                   Legacie
                   ,
                   
                   they
                   may
                   pay
                   which
                   they
                   list
                   first
                   ;
                   but
                   they
                   may
                   not
                   sell
                   any
                   speciall
                   Legacie
                   which
                   they
                   will
                   to
                   pay
                   Debts
                   ,
                   or
                   a
                   Lease
                   
                   of
                   goods
                   to
                   pay
                   a
                   money
                   Legacie
                   .
                   But
                   they
                   may
                   sell
                   any
                   Legacie
                   which
                   they
                   will
                   to
                   pay
                   Debts
                   ,
                   if
                   they
                   haue
                   not
                   enough
                   besides
                   .
                
                 
                   If
                   a
                   man
                   make
                   a
                   Will
                   and
                   make
                   no
                   Executors
                   ,
                   or
                   if
                   the
                   Executors
                   refuse
                   ,
                   the
                   
                   Ordinarie
                   is
                   to
                   commit
                   Administration
                   
                     Cum
                     Testamento
                     annexo
                  
                   ,
                   and
                   take
                   bonds
                   of
                   the
                   Administators
                   to
                   performe
                   the
                   Will
                   ,
                   and
                   hee
                   is
                   to
                   doe
                   it
                   in
                   such
                   fort
                   ,
                   as
                   the
                   Executor
                   should
                   haue
                   done
                   if
                   hee
                   had
                   beene
                   named
                   .
                
              
            
             
               FINIS
               .
            
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A20578-e890
           
             Arist.
             Top.
             lib.
             1.
             cap.
             12.
             13.
             14.
             
          
           
             Grounds
             .
          
           
             Uide
             12.
             
             H.
             7.
             13.
             a.
             Davers
             Com.
             121.
             b.
             Stamford
             .
          
           
             Maximes
             .
          
           
             Principles
             .
          
           
             〈◊〉
             
          
           
             Vide
             Com.
             345.
             a.
             
          
           
             Eruditions
             .
             Vide
             14.
             
             Hen.
             8.
             28.
             a.
             Pollard
             24.
             
             Hen
             8.
             40
             
             Dyer
             .
             nu
             66.
             
          
           
             3
             Ed.
             4.
             7
             a.
             Lit.
             Vide
             33.
             
             Hen.
             6.
             54.
             a.
             44.
             
             Ed.
             3.
             34.
             b.
             
          
           
             Lawes
             positiue
             .
          
           
             Lawes
             .
          
           
             Vide
             9.
             
             Hen.
             4.
             59.
             b.
             Paston
             .
          
           
             Li.
             1.
             
             F.
             de
             Reg.
             Iuris
             .
          
           
             〈◊〉
             .
             Colth
             .
             17.
             b.
             
          
           
             Prateus
             de
             Reg
             :
             Iuris
             lib.
             6.
             
          
           
             Ioach.
             Hopp
             .
             de
             Iuris
             arte
             371.
             a.
             
          
           
             Sim.
             Shardius
             Lexic
             .
             Iuris
             Regul
             .
          
           
             Matheus
             Gribaldus
             l.
             1.
             c.
             7.
             de
             ratione
             studij
             Iuris
             .
          
           
             Paulus
             lib.
             F.
             de
             regula
             Iuris
             .
          
           
             Ant
             Masae
             de
             exercitio
             Iurispr
             .
             lib.
             1.
             
          
           
             Ioach.
             Hopperus
             de
             Iurit
             arte
             l.
             2.
             so
             .
             469.
             a.
             
          
           
             Definition
             ,
          
           
             Diuision
             .
          
           
             De
             causis
             .
             Arist
             11.
             
             Met.
             c.
             4.
             
             T.
             23.
             
          
           
             Arist.
             l.
             2.
             
             Dem.
             c.
             11.
             
             To.
             11.
             
          
           
             Ant.
             Masae
             de
             exercitio
             Iurisperitorum
             l.
             1.
             p
             38.
             b.
             
          
           
             Materiall
             cause
             
          
           
             Blacton
             lib.
             1.
             cap.
             4.
             
             §
             4.
             
          
           
             Grounds
             borrowed
             out
             of
             Logicke
             .
          
           
             14.
             
             H.
             831.
             a.
             b.
             28.
             b.
             8.
             10.
             b.
             n.
             37.
             
             Dyer
             .
             Com.
             213.
             b.
             Com.
             323.
             b.
             
          
           
             9.
             
             Hen.
             7.
             24.
             a.
             
          
           
             Com.
             161.
             a.
             
          
           
             2.
             
             Rich.
             3.
             7.
             a.
             
          
           
             Grounds
             borrowed
             out
             of
             naturall
             Philosophie
             .
          
           
             Com.
             307.
             a.
             Com.
             307.
             a.
             Com.
             72.
             b.
             Com.
             268
             a.
             Com.
             294.
             a
             8.
             
             Ed.
             4.
             10.
             a.
             
          
           
             Grounds
             borrowed
             out
             of
             Motrall
             Phylosophie
             .
          
           
             Com.
             244
             a.
             14
             Hen.
             8.
             6.
             a.
             Com.
             501.
             a.
             13.
             
             Hen.
             8.
             16.
             a.
             14.
             
             Hen.
             8.
             16.
             a.
             14.
             
             Hen
             8.
             8.
             a.
             Com
             160.
             b.
             Com.
             370.
             b.
             
          
           
             Com.
             48.
             b.
             
          
           
             Grounds
             borrowed
             out
             of
             the
             Ciuill
             Law.
             
          
           
             Com.
             357.
             b.
             5.
             
             Hen
             3.
             222.
             
          
           
             Com.
             168.
             a.
             
          
           
             Com.
             296
             b.
             
          
           
             Com.
             336.
             b.
             
          
           
             Com.
             251.
             a.
             
          
           
             Com.
             182.
             b.
             1.
             
             Hen
             3.
             33.
             
             〈◊〉
             .
          
           
             L.
             verum
             .
             §.
             tempus
             :
             fitz
             .
             pro
             soc
             .
             L.
             sedes
             de
             rescript
             .
             L.
             bona
             fides
             ff
             .
             de
             Reg.
             Iuris
             .
          
           
             L.
             nihil
             ff
             :
             de
             Regul
             Iuris
             .
             13.
             
             Hen.
             8.
             16.
             
             〈◊〉
             .
             in
             fine
             .
          
           
             Com.
             260.
             a.
             Halls
             case
             .
          
           
             Com.
             259.
             b.
             Halls
             Case
             
          
           
             Com.
             160.
             b.
             Throgm
             .
             Case
             .
          
           
             Com.
             504.
             b.
             
          
           
             Groundes
             borrowed
             out
             of
             the
             Canon
             Law.
             
          
           
             Grounds
             deriued
             from
             vse
             ,
             Custome
             ,
             and
             Conuersation
             of
             men
             .
          
           
             Com.
             5
             :
             5.
             a.
             Paramour
             .
             Manxel
             .
             6.
             a.
             b.
             
          
           
             Com.
             261.
             a.
             Hallsc●s
             .
             8.
             
             Hen.
             6.
             19.
             b.
             Per.
             Martin
             .
          
           
             
               Prouerbiall
               Groundes
            
             .
             Prouerbium
             vulgò
             interpretatur
             probatum
             verbum
             ,
             cum
             dicatur
             quasi
             Commune
             omxium
             verbum
             .
             Prouerbia
             verò
             citata
             ,
             instar
             iurium
             baberi
             tradium
             est
             .
             L.
             solent
             .
             F.
             de
             officio
             Procurat
             .
             Sim.
             Sbardius
             Lexicon
             Iuris
             .
             Com.
             280.
             a.
             
          
           
             Com.
             173.
             a.
             
          
           
             Com.
             18.
             b.
             
          
           
             29.
             
             Eliz
             356.
             a.
             
          
           
             14.
             
             Hen.
             8.
             23.
             a.
             
          
           
             Maximes
             appliable
             onely
             to
             one
             title
             .
          
           
             T.
             E.
             1.
             
             Fitzb.
             Grantes
             .
             36.
             
             Ass.
             p.
             3.
             
          
           
             17.
             
             Ed.
             4.
             1.
             a.
             
          
           
             Vide
             18.
             
             Ed.
             3.
             2.
             a.
             
          
           
             Bracton
             lib.
             2.
             c.
             16
             fol
             33.
             b.
             14.
             
             Hen
             8.
             22.
             b.
             Brudnel
             .
             Vide
             Litt.
             18
             :
             21.
             
             Hen.
             7.
             37.
             b.
             
          
           
             The
             diuers
             kinds
             of
             Grounds
             which
             doe
             concern
             one
             title
             .
          
           
             Arbitrement
             .
          
           
             Arbitrement
             Quid.
             
          
           
             The
             Etymologie
             .
          
           
             The
             Materiall
             cause
             .
          
           
             The
             formall
             cause
             .
          
           
             The
             efficient
             cause
             .
          
           
             The
             finall
             cause
             .
          
           
             Genus
             .
          
           
             Differentia
             .
          
           
             The
             effect
             .
          
           
             2
             
          
           
             The
             Adiunct
             .
          
           
             Materiall
             cause
             
          
           
             Reall
             Matters
             
          
           
             Reall
             Actions
             Mixt
             Actions
             .
          
           
             Personall
             Actions
             .
          
           
             Reall
             Chattells
             
          
           
             Personall
             Chattells
             .
          
           
             Personall
             dutie
             .
          
           
             Matters
             de
             Record
             .
          
           
             Dutie
             in
             certaine
             .
          
           
             Dett
             .
          
           
             Debt
             .
          
           
             Dett
             .
          
           
             Formall
             Cause
             .
          
           
             Impossible
             .
          
           
             Encounter
             Ley.
             
          
           
             Satisfaction
             .
          
           
             Assistance
             
               des
               auters
            
             .
          
           
             Iudiciall
             Act.
             
          
           
             Satisfaction
             .
          
           
             Redeliuerie
             desbiens
             .
          
           
             Redeliuerie
             des
             biens
             .
          
           
             Parte
             del
             Chose
             .
          
           
             Part
             del
             Chose
             
          
           
             Plus
             que
             il
             doit
             .
          
           
             Gager
             de
             Ley.
             
          
           
             Entermariage
             .
          
           
             Accomptera
             
          
           
             Iour
             passe
             .
          
           
             Non
             in
             Rerum
             Natura
             .
          
           
             Reasonable
             .
          
           
             Equall
             .
          
           
             Enter
             ascunes
             Parties
             .
          
           
             Quitt
             .
          
           
             Quitt
             .
          
           
             Petit.
             Recompence
             .
          
           
             Grenider
             value
             que
             le
             tort
             .
          
           
             Release
             .
          
           
             Release
             .
          
           
             Doue●
             ceo
             que
             il
             nad
             .
          
           
             Bone
             parte
             
          
           
             Security
             del
             Agard
             .
          
           
             Certaine
             .
          
           
             Entier
             .
          
           
             Efficient
             Cause
             .
          
           
             Iohannes
             Paulus
             Lancelottus
             .
             Arbitrator
             Quid.
             
          
           
             Ordinance
             .
          
           
             Authoritie
             
          
           
             Duety
             .
          
           
             Election
             of
             the
             Arbitratour
             .
          
           
             Queux
             persons
             poient
             eux
             submitter
             al
             agarde
             .
          
           
             Deputy
             .
          
           
             Baron
             &
             feme
             .
          
           
             Enfant
             .
          
           
             Ascuns
             des
             parties
             .
          
           
             Ioynt
             et
             seuerall
             .
          
           
             Ascunes
             des
             parties
             .
          
           
             Vndertaking
             the
             Award
             .
          
           
             Del
             parcell
             .
          
           
             Parcell
             .
          
           
             Parcell
             .
          
           
             Compromise
             on
             submission
             .
          
           
             Nient
             containe
             in
             submission
             .
          
           
             Nient
             containe
             in
             le
             submission
             .
          
           
             Real
             .
          
           
             Estrangler
             .
          
           
             Incident
             .
          
           
             Iudge
             .
          
           
             Estranger
             .
          
           
             Estranger
             .
          
           
             Estranger
             .
          
           
             Aduice
             .
          
           
             Adul●
             .
          
           
             Vmpier
             .
          
           
             Vmpier
             .
          
           
             Duty
             .
          
           
             Pronounce
             .
          
           
             Deliuery
             de
             Agard
             
          
           
             Deliuery
             .
          
           
             Deliuery
             .
          
           
             Deliuery
             .
          
           
             County
             et
             lieu
             del
             deliuery
             .
          
           
             Temps
             .
          
           
             Temps
             .
          
           
             Temps
             .
          
           
             Temps
             .
          
           
             Temps
             .
          
           
             Temps
             .
          
           
             Notice
             .
          
           
             Notice
             .
          
           
             Notice
             .
          
           
             Notice
             .
          
           
             Countre
             〈◊〉
             
          
           
             Countermaund
             .
          
           
             Countermaund
             .
          
           
             Countermaund
             .
          
           
             Regule
             a
             causa
             finali
             .
          
           
             Final
             determination
             .
          
           
             A
             reducer
             incertainetie
             al
             certainetie
             .
          
           
             Iudgement
             .
          
           
             Intent
             del
             Arbitrator
             .
          
           
             Intent
             .
          
           
             Intent
             .
          
           
             Transition
             in
             rem
             Iudicatam
             .
          
           
             I●rnient
             venu
             par
             pay
             se
             mony
             .
          
           
             Iour
             de
             payment
             
          
           
             Vncore
             prist
             .
          
           
             Dene
             action
             .
          
           
             Restore
             al
             primer
             action
             .
          
           
             Restore
             al
             primer
             action
             .
          
           
             Determine
             .
          
           
             Double
             Action
             .
          
           
             Collaterall
             matter
             .
          
           
             Collaterall
             matter
             .
          
           
             Performance
             .
          
           
             Assistance
             .
          
           
             Parte
             .
          
           
             Parte
             .
          
           
             Temps
             .
          
           
             Primer
             Act.
             
          
           
             Tout
             〈◊〉
             〈◊〉
             
          
           
             Chacun
             perform
             son
             parte
             
          
           
             Voide
             Award
             Quaere
             .
          
           
             Void
             agard
             .
          
           
             Ane●ment
             .
          
           
             Paria
             .
             Differentia
             .
          
           
             Arist.
             lib.
             Dem.
             cap.
             25.
             
             T.
             43.
             
          
           
             Peter
             Ramus
             li.
             2.
             dial
             .
             cap.
             3.
             
          
           
             Peter
             Ramus
             ibidem
             .
          
           
             Arist.
             Top.
             lib.
             1.
             cap.
             1.
             
          
           
             Arist.
             lib.
             1.
             dem
             .
             cap.
             8.
             
             T.
             24.
             
          
           
             Arist.
             lib.
             1.
             dem
             .
             cap.
             2.
             
             T.
             5.
             
          
           
             10.
             
             Coras
             .
             de
             Arte
             Iuris
             .
             lib.
             Cap.
             24.
             
          
           
             Ibidem
             .
          
           
             Com.
             Griesbr
             .
             180.
             b.
             
          
           
             Probabilia
             sunt
             qua
             probant
             ,
             autoribus
             ,
             aut
             plurimis
             aut
             certe
             sapientibus
             atque
             ijs
             vel
             omnibus
             vel
             plurimis
             vel
             ijs
             quo
             rum
             spectata
             est
             &
             perspecta
             sapientia
             .
          
           
             Arist.
             Top.
             l.
             2.
             c.
             1.
             
             
               Doctor
               and
               Student
            
             l.
             1.
             c.
             5.
             fol.
             1
             c.
             a.
             
          
           
             Arist.
             l.
             1.
             c.
             2.
             
             T.
             5.
             
          
           
             Ant.
             Massaeus
             l.
             1.
             de
             exercitio
             Iuris
             peritorum
             .
          
           
             Com.
             Sharington
             &
             Pledal
             .
          
           
             Iohannes
             Corassus
             de
             turis
             arte
             cap.
             26.
             lib.
             1.
             
          
           
             Ioach.
             Hopp
             .
             de
             iuris
             arte
             lib.
             2.
             sol
             .
             466.
             
          
           
             Ibidem
             .
          
           
             Com.
             Mauxel
             .
             6.
             a.
             
          
           
             Com.
             Ludford
             491.
             b.
             
          
           
             Lamberts
             
               Iustice
               of
               peace
            
             .
             lib.
             1.
             cap.
             13.
             
          
           
             38.
             
             Ass.
             21.
             
          
           
             9.
             
             Hen.
             6.
             56.
             b.
             
          
           
             31.
             
             Hen.
             6.
             
             Com.
             Fogassa
             .
             7.
             b.
             
          
           
             The
             Second
             sort
             of
             Secondarie
             Rules
             grounded
             vpon
             Entendment
             .
          
           
             20.
             
             Hen.
             7.
             11
             b.
             Coningsby
             .
          
           
             5
             Hen.
             7.
             22.
             b.
             
          
           
             20.
             
             Hen.
             7.
             11.
             b.
             Coningsby
             .
          
           
             Com.
             Wrotsley
             .
             193.
             b.
             
          
           
             The
             second
             principall
             kind
             of
             Contingent
             Propositions
             .
          
           
             12.
             
             Hen.
             3.
             2.
             b.
             Eliot
             .
          
           
             Ethice
             verò
             supponitur
             quasi
             morali
             scientiae
             ,
             qui
             tractat
             de
             moribus
             .
          
           
             Bract.
             l.
             r.
             c.
             1.
             4.
             b.
             
          
           
             Arist.
             Ethic.
             l.
             1.
             c.
             3.
             
          
           
             Bracton
             .
             l.
             c.
             5.
             
          
           
             Lib.
             1.
             cap.
             16.
             
          
           
             L.
             quaesit
             F.
             de
             sando
             instructio
             .
          
           
             The
             triple
             vse
             of
             equity
             in
             the
             Lawes
             .
          
           
             Lib.
             1.
             c.
             4.
             
             §.
             5.
             
          
           
             Com.
             467
             
          
           
             Bracton
             lib.
             1.
             cap.
             2.
             
             〈◊〉
             .
             7.
             
          
           
             4.
             
             Hen.
             7.
             
          
           
             Cicero
             in
             Orat.
             pro
             Murena
             .
          
           
             The
             Ground
             .
          
           
             12.
             
             Hen.
             8.
             2.
             b.
             Elliot
             .
          
           
             21.
             
             Hen.
             7.
             27.
             b.
             Kingsoul
             .
             Rede
             
          
           
             21.
             
             Hen.
             7.
             13.
             b.
             Rede
             .
          
           
             13.
             
             Hen.
             7.
             9.
             b.
             
          
           
             14.
             
             Hen.
             8.
             1.
             b.
             Brudnel
             .
          
           
             18
             Ed.
             4.
             25.
             a.
             
          
           
             9.
             
             Ed
             4.
             35.
             a.
             21.
             
             Hen.
             7.
             13.
             
          
           
             8.
             
             Ed.
             4.
             4.
             a.
             
          
           
             2.
             
             Hen.
             4.
             24.
             a.
             
          
           
             38.
             
             Ed.
             3.
             10.
             b.
             
          
           
             The
             first
             Exception
             .
          
           
             12.
             
             Hen.
             8.
             10.
             a.
             Brooke
             .
          
           
             13.
             
             Hen.
             8.
             16.
             b.
             Shellye
             .
          
           
             8.
             
             Edw.
             4.
             35.
             b.
             Littleton
             .
          
           
             21.
             
             Hen.
             7.
             b
             ,
             Ringsmil
             .
          
           
             13.
             
             Edw.
             4.
             9.
             a.
             
          
           
             The
             second
             Exception
             .
          
           
             9
             Edw.
             4.
             35.
             
               a.
               b.
            
             
          
           
             20.
             
             Hen.
             6.
             28.
             a.
             
          
           
             21.
             
             Hen.
             6.
             39.
             b.
             
          
           
             9.
             
             Edw.
             4.
             35.
             a.
             Littleton
             .
          
           
             37.
             
             Hen.
             6.
             37.
             a.
             b.
             
          
           
             The
             Third
             Exception
             .
          
           
             Com.
             Kidw.
             &
             Braud
             .
             71.
             d.
             
          
           
             Com.
             Kidw.
             &
             Praud
             .
             71.
             b.
             
          
           
             18.
             
             Edw.
             4.
             25.
             b.
             
          
           
             9
             Ed.
             4
             25.
             a.
             13
             Hen
             8.
             15.
             b.
             Englefeild
             .
          
           
             9.
             
             Hen.
             6.
             23.
             b.
             
          
           
             2.
             
             Hen.
             6.
             15.
             b.
             16.
             a.
             
          
           
             The
             fourth
             exception
             .
          
           
             Com.
             Mauxel
             13.
             a.
             
          
           
             Littleton
             Villenage
             .
          
           
             Com.
             Mauxel
             13.
             a.
             
          
           
             Com.
             Mauxel
             13.
             a.
             
          
           
             11.
             
             Hen.
             4.
             75.
             b.
             
          
           
             Exceptions
             ministred
             by
             equitie
             .
          
           
             The
             fist
             excep
             tion
             .
          
           
             12.
             
             Hen.
             8.
             2.
             b.
             Pollard
             .
          
           
             13.
             
             Hen.
             8.
             15.
             b.
             Norwich
             .
          
           
             21.
             
             Hen.
             7.
             27.
             b.
             Palmes
             .
          
           
             20.
             
             Hen
             6.
             37.
             a.
             
          
           
             The
             sixt
             exception
             .
          
           
             13.
             
             Hen.
             8.
             16.
             b.
             Browne
             .
          
           
             6.
             
             Ed.
             4.
             7.
             b.
             
          
           
             
               Doctor
               and
               Student
            
             .
             ver
             .
             10.
             
             Ed.
             4.
             7.
             b.
             22
             Ed.
             4.
             8.
             b.
             6.
             
             Ed.
             4.
             7.
             b.
             
          
           
             Com.
             Colib
             .
             27.
             a.
             
          
           
             The
             second
             Ground
             .
          
           
             First
             exception
             Littleton
             Garranty
             279.
             
          
           
             Littleton
             discents
             cas
             .
             402.
             20.
             
             Hen.
             6.
             28.
             b.
             
          
           
             11.
             
             Ed.
             4.
             1.
             b.
             
          
           
             The
             second
             exception
             .
          
           
             Litt.
             fol.
             59.
             cas
             .
             403.
             
          
           
             9.
             
             Hen
             7.
             24.
             a.
             2.
             
             Ed
             4.
             24.
             a.
             7.
             
             Ed.
             4.
             7b
             .
             20
             Hen
             ,
             628
             ,
             b.
             
          
           
             Com.
             z●ueb
             .
             366.
             a.
             
          
           
             42.
             
             Ed.
             3.
             12.
             b.
             9.
             
             Hen.
             7.
             24.
             a.
             
          
           
             41.
             
             Ed.
             3.
             12.
             b.
             9.
             
             Hen
             7.
             24
             a.
             Litt
             fol.
             95.
             cas
             .
             404.
             
          
           
             3.
             4.
             
             Phil.
             Mar.
             144.
             n.
             57.
             
          
           
             Com.
             72.
             b.
             Com.
             268
             a.
             Com.
             294.
             a.
             
          
           
             Prataus
             .
          
           
             Prataeus
             l.
             7.
             c.
             3.
             fol.
             911.
             
          
           
             Decius
             .
          
           
             37.
             
             Hen.
             8.
             
             Brooke
             .
          
           
             Leasses
             48.
             
             Com.
             Smith
             &
             Stapleton
             433.
             a.
             Com.
             Greisbrooke
             422.
             a.
             
          
           
             5.
             
             Ed.
             4.
             6.
             
             Per
             Billing
             quod
             fuit
             concessum
             &
             Abridge
             per
             Fitzb.
             tit
             .
             Assiss
             .
             27.
             
          
           
             Com.
             57
             b.
             
          
           
             Com.
             St.
             well
             372.
             b.
             
          
           
             The
             vse
             of
             generall
             Rules
             and
             the
             observations
             of
             their
             specialls
             .
          
           
             Question
             .
          
           
             Answere
             1.
             
          
           
             2
             
          
           
             3
             
          
           
             4
             
          
           
             Arist.
             l.
             3.
             
             Pol.
             c.
             7
             
          
           
             Cic.
             1.
             
             Offic.
             
          
           
             Iohane●
             Corasius
             de
             a●e
             〈◊〉
             lib.
             1.
             cap
             20.
             
          
           
             33.
             
             Hen.
             8.
             48.
             b.
             n.
             1.
             
             Dyer
             .
          
           
             9.
             
             Hen
             4.
             8.
             a.
             
          
           
             3
             
          
           
             4
             
          
           
             9.
             
             Hen.
             4.
             8.
             a.
             
          
           
             Stamf.
             155.
             
               a.
               cap.
            
             62.
             
          
           
             Stamf.
             98.
             b.
             22.
             
             Ed.
             4.
             39.
             b.
             
          
           
             11.
             
             Hen.
             4.
             69.
             
               a.
               Culpepper
            
             .
          
           
             7.
             
             Hen.
             4.
             35.
             b.
             
          
           
             M.
             T.
             Cicero
             pro
             Ceci●a
             .
          
           
             Com.
             Colthurst
             .
          
           
             14.
             
             Hen.
             7.
             3.
             b.
             
          
           
             20
             Hen.
             7.
             13.
             b.
             
          
           
             1.
             
             Hen.
             7.
             4.
             b.
             
          
           
             49.
             
             Ed.
             3.
             5.
             a.
             50
             Assis.
             p.
             1.
             9.
             
             Eliz.
             262.
             
          
           
             25.
             
             Ed.
             3.
             48.
             a.
             b.
             Com.
             Walsingh
             .
          
           
             Bracton
             li.
             1.
             cap.
             1.
             
             〈◊〉
             .
             3.
             
          
           
             Math.
             Gribal
             dus
             deratione
             study
             Juris
             lib.
             1.
             cap.
             4.
             
          
        
         
           Notes for div A20578-e27980
           
             ☞
             Suretie
             to
             keepe
             the
             Peace
             .
          
           
             ☞
             Action
             of
             the
             Case
             ,
             for
             Slaunder
             ,
             Batterie
             ,
             &c.
             
          
           
             ☞
             Appeale
             of
             Murther
             giuen
             to
             the
             next
             of
             kinne
             .
          
           
             ☞
             Manslaughter
             ,
             and
             When
             a
             forfeiture
             of
             Goods
             ,
             and
             When
             not
             .
          
           
             ☞
             Felon
             :
             de
             Se.
             
          
           
             ☞
             Felony
             by
             mischance
             .
          
           
             ☞
             Deodand
             .
          
           
             ☞
             Cutting
             out
             of
             Tongues
             and
             putting
             out
             of
             Eyes
             ,
             made
             Felonie
             .
          
           
             ☞
             The
             Office
             of
             the
             Constable
             .
          
           
             ☞
             2.
             
             High
             Constables
             for
             euery
             hundred
             .
          
           
             First
             ,
             High
             Constables
             .
          
           
             2ly
             ,
             Pettie
             Constables
             .
          
           
             1.
             
             Pettie
             Constable
             for
             euery
             village
             .
          
           
             ☞
             The
             Kings
             Bench
             first
             instituted
             ,
             and
             in
             what
             matters
             they
             anci
             ancuntly
             had
             Inrisatction
             in
             .
          
           
             ☞
             Court
             of
             Marshalsee
             erected
             ,
             and
             its
             Jurisaiction
             within
             12.
             miles
             of
             the
             chiefe
             Tunnel
             of
             the
             King
             ,
             which
             is
             the
             full
             extent
             of
             the
             Virge
             .
          
           
             Sheriffes
             Tourne
             instituted
             vpon
             the
             diuision
             of
             England
             into
             Counties
             ,
             the
             charge
             of
             this
             Court
             was
             committed
             to
             the
             Earle
             of
             the
             same
             Countie
             ,
             this
             was
             likewise
             called
             
               Curia
               Visus
               fra
               .
               pleg
            
             .
          
           
             ☞
             Subdiuision
             of
             the
             Countie
             Court
             into
             Hundreds
             .
          
           
             The
             charge
             of
             the
             Countie
             taken
             from
             the
             Earles
             ,
             and
             committed
             yearely
             to
             such
             persons
             as
             it
             pleased
             the
             King.
             
          
           
             The
             Sheriffe
             is
             Judge
             of
             all
             Hundred
             Courts
             not
             giuen
             away
             from
             the
             Crowns
             .
          
           
             ☞
             County
             Court
             kept
             monethly
             by
             the
             Sheriffe
             .
          
           
             ☞
             The
             Office
             of
             the
             Sheriffe
             .
          
           
             ☞
             Hundred
             Courts
             to
             whom
             they
             were
             at
             first
             granted
             .
          
           
             ☞
             Lord
             of
             the
             Hundred
             to
             appoint
             two
             High
             Constables
             .
          
           
             Of
             what
             matters
             they
             enquire
             of
             in
             leets
             and
             Law
             dayes
             .
          
           
             ☞
             Conseruators
             of
             the
             Peace
             called
             by
             the
             Kings
             writ
             for
             terme
             of
             their
             lines
             ,
             or
             at
             the
             Kings
             pleasure
             .
          
           
             ☞
             Conseruators
             of
             the
             Peace
             &
             what
             their
             Office
             was
             .
          
           
             ☞
             Conseruators
             of
             the
             Peace
             by
             vertue
             of
             their
             Office.
             
          
           
             ☞
             Justices
             of
             Peace
             ordained
             in
             lieu
             of
             Conseruators
             .
             Power
             of
             placing
             and
             displacing
             Iustic
             .
             of
             Peace
             by
             vse
             deligated
             frō
             the
             K.
             to
             the
             Chanchellor
             .
          
           
             ☞
             The
             power
             of
             the
             Iust.
             of
             Peace
             ,
             to
             fine
             the
             Offenders
             to
             the
             Crowne
             ,
             &
             not
             to
             recompence
             the
             partie
             grieued
             .
          
           
             Parle
             Statut.
             17.
             
             R.
             2.
             
             Cap.
             10.
             &
             v
             Dier
             69.
             b.
             Ils
             ount
             poiar
             d'inquier
             de
             murder
             car
             co
             Felon
             .
          
           
             ☞
             Authority
             of
             the
             Justices
             of
             the
             Peace
             ,
             through
             whō
             runne
             all
             the
             Countie
             seruices
             vnto
             the
             Crowne
             .
          
           
             ☞
             Beating
             ,
             killing
             ,
             burning
             of
             Houses
             .
          
           
             Attachments
             for
             suretie
             of
             the
             Peace
             .
          
           
             Recognizance
             of
             the
             Peace
             deliuered
             by
             the
             Justices
             at
             their
             Sessions
             .
          
           
             ☞
             Quarter
             Sessions
             held
             by
             the
             Iustices
             of
             the
             Peace
             .
          
           
             The
             authoritie
             of
             Iustices
             of
             the
             Peace
             out
             of
             their
             Sessions
             .
          
           
             ☞
             Iudges
             of
             Assize
             come
             in
             place
             of
             the
             ancient
             Iudges
             in
             Eyre
             about
             the
             time
             of
             R.
             2.
             
          
           
             1.
             
             Kings
             Bench.
             
          
           
             2.
             
             Marshals
             Court
             
          
           
             3.
             
             Countie
             Courts
             .
          
           
             4.
             
             Sheriffes
             Torns
             .
          
           
             5.
             
             Hundred
             Leets
             and
             Lawdayes
             ,
             All
             which
             dealt
             onely
             in
             Crowne
             matters
             ,
             but
             the
             Iustice
             in
             Eyre
             dealt
             in
             priuat
             titles
             of
             lands
             or
             goods
             ,
             and
             in
             all
             Treasons
             and
             Felonies
             ,
             of
             whom
             there
             were
             12.
             in
             number
             ,
             the
             whole
             Realme
             ,
             being
             diuided
             into
             six
             Circuits
             .
          
           
             The
             authoritie
             of
             Tournes
             ,
             leets
             .
             Hundreds
             ,
             and
             Law-dayes
             ,
             as
             it
             was
             confirmed
             to
             some
             special
             causes
             touching
             the
             publike
             good
             .
          
           
             England
             diuided
             into
             six
             Circuits
             ,
             and
             two
             learned
             men
             in
             the
             Lawes
             ,
             assigned
             by
             the
             Kings
             Commission
             to
             ride
             twice
             a
             yeare
             through
             those
             Shires
             alotted
             to
             that
             Circuit
             ,
             for
             their
             try
             all
             of
             priuate
             titles
             to
             lands
             and
             goods
             ,
             and
             all
             Treasons
             and
             Felonies
             ,
             which
             the
             Countie
             Courts
             meddle
             not
             in
             .
          
           
             ☞
             The
             authority
             translated
             by
             Parliament
             to
             Iustices
             of
             Assize
             .
          
           
             ☞
             The
             authority
             of
             the
             Iustices
             of
             Assizes
             much
             lessened
             ,
             by
             the
             Court
             of
             Common
             Pleas
             ,
             erected
             in
             H.
             3.
             time
             .
          
           
             The
             Iustices
             of
             Assize
             haue
             at
             this
             day
             5.
             
             Comissions
             by
             which
             they
             ist
             .
          
           
             1
             Oyer
             and
             Termin
             .
             2
             Goale
             Deliuery
             .
             3
             To
             take
             Assizes
             .
             4
             To
             take
             Nisi
             Pr.
             5
             Of
             the
             Peace
             .
          
           
             ☞
             Oyer
             and
             Terminer
             in
             which
             the
             Judges
             are
             of
             the
             Quorum
             ,
             and
             this
             is
             the
             largest
             Commission
             they
             haue
             .
          
           
             ☞
             Goale
             deliuery
             directed
             onely
             to
             the
             Iudges
             themselues
             ,
             and
             the
             Clearke
             of
             the
             Assize
             .
          
           
             The
             mannerof
             the
             proceedings
             of
             the
             Justices
             of
             Circuits
             in
             their
             Circuits
             .
          
           
             The
             course
             now
             in
             vse
             with
             the
             Iudges
             for
             the
             execution
             of
             the
             Commission
             of
             Goale
             deliuery
             .
          
           
             ☞
             Book
             allowed
             to
             Clergic
             for
             the
             scarcitie
             of
             them
             to
             bee
             disposed
             in
             Religious
             Houses
             .
          
           
             ☞
             Concerning
             the
             allowing
             of
             the
             Clergie
             to
             the
             Prisoner
             .
             Clergie
             allowed
             in
             all
             offences
             except
             Treason
             and
             Robbing
             of
             Churches
             ,
             and
             now
             taken
             away
             by
             many
             Statutes
             .
          
           
             1.
             
             In
             Treason
             .
          
           
             2.
             
             In
             Burgiarie
             .
          
           
             3.
             
             Roberie
             .
          
           
             4.
             
             Purse
             cutting
             .
          
           
             5.
             
             Horse-stealing
             .
             and
             in
             diuers
             other
             offences
             particularized
             in
             seuerall
             Statutes
             .
          
           
             By
             the
             Stat.
             of
             18.
             
             Eliz.
             the
             Iudges
             are
             appointed
             to
             allow
             Clergie
             ,
             and
             to
             see
             them
             burned
             in
             the
             hand
             ,
             &
             to
             discharge
             the
             Prisoners
             without
             deliuering
             them
             to
             the
             Bishop
             .
          
           
             ☞
             4.
             
             Commission
             is
             to
             take
             Nisi
             Prius
             and
             this
             is
             directed
             to
             the
             two
             Iudges
             and
             the
             Clerks
             of
             the
             Assize
             .
          
           
             Nisi
             Prius
             .
          
           
             Uen
             fac
             .
             pr.
             24.
             
             Free-holders
             .
          
           
             *
             Distringas
             .
          
           
             The
             manner
             of
             proceeding
             of
             Iustices
             of
             Circuits
             in
             their
             circuits
             .
          
           
             The
             course
             the
             Iudges
             bold
             is
             their
             Circuits
             in
             the
             execution
             of
             their
             Commissiō
             concerning
             the
             taking
             of
             Nisi
             prius
             .
          
           
             Postea
             .
          
           
             ☞
             5.
             
             Commission
             as
             a
             Commission
             of
             the
             Peace
             .
          
           
             The
             Justices
             of
             the
             Peace
             and
             the
             Sheriffe
             are
             to
             attend
             the
             Judges
             in
             their
             Countie
             .
          
           
             ☞
             Ospropertie
             of
             Lands
             to
             bee
             gained
             by
             Entrie
             .
          
           
             All
             Lands
             in
             England
             were
             the
             Conquerours
             and
             apprepriated
             to
             him
             vpon
             the
             Conquest
             of
             England
             ,
             and
             held
             of
             him
             except
             ,
             1.
             
             Religious
             and
             Church-lands
             .
             2.
             
             The
             lands
             of
             the
             men
             of
             Kent
             .
          
           
             Land
             left
             by
             the
             Sea
             belongeth
             to
             the
             King.
             
          
           
             Occupancie
             .
          
           
             ☞
             Propertie
             of
             Lands
             by
             discent
             .
          
           
             Of
             discent
             3.
             rules
             .
          
           
             Brother
             or
             Sister
             of
             the
             halfe
             bloud
             shall
             not
             inherit
             to
             his
             Brother
             or
             Sister
             but
             only
             as
             a
             child
             to
             his
             Parents
             .
          
           
             Discent
             .
          
           
             Customes
             of
             certains
             places
             .
          
           
             Euery
             Heire
             hauing
             land
             is
             bound
             by
             the
             binding
             Acts
             of
             his
             Aneestors
             if
             he
             be
             named
             .
          
           
             Dier
             .
             114.
             
             Plowden
             .
          
           
             Dier
             .
             149.
             
             Plowden
             .
             Dauy
             and
             Pepps
             case
             .
          
           
             Heire
             charged
             for
             his
             false
             plea.
             
          
           
             ☞
             Propertie
             of
             Lands
             by
             Escheat
             .
          
           
             Two
             causes
             of
             Escheat
             .
             First
             .
             Bastardy
             .
             Second
             Attainter
             of
             treason
             ,
             selome
             .
          
           
             ☞
             Treason
             .
          
           
             Attainder
             of
             treason
             the
             King
             though
             the
             lands
             be
             not
             holden
             of
             him
             otherwise
             in
             attainder
             of
             Felonie
             ,
             &c.
             for
             there
             the
             King
             shall
             haue
             but
             
               Annum
               diem
               &
               vastum
            
             .
          
           
             ☞
             In
             Escheat
             two
             things
             are
             to
             bee
             obserued
             .
          
           
             1.
             
             The
             tenure
             .
          
           
             2.
             
             The
             manner
             of
             the
             Attainder
             ,
             all
             lands
             are
             holden
             of
             the
             Crowne
             immediatly
             or
             mediately
             by
             Mesne
             Lords
             ,
             the
             Reason
             .
          
           
             Concerning
             the
             tenure
             of
             Lands
             .
          
           
             ☞
             The
             Conqueror
             by
             right
             of
             Conquest
             got
             all
             the
             Lands
             of
             the
             realme
             into
             his
             hands
             ,
             &
             as
             he
             gaue
             it
             hee
             still
             Cap.
             first
             instituted
             refer●●drents
             and
             seruices
             Knights
             seruice
             ,
             in
             
          
           
             The
             reseruations
             in
             Knights
             seruice
             tenure
             was
             4.
             
          
           
             1.
             
             Marriage
             of
             the
             wards
             male
             and
             female
             .
          
           
             2.
             
             Horse
             for
             Seru.
             
          
           
             3.
             
             Homage
             &
             ●al
             .
          
           
             4.
             
             Primer
             Seisni
             .
          
           
             ☞
             The
             police
             of
             the
             Conquerour
             in
             the
             reseruation
             of
             seruices
             constituted
             i●●●ure
             particulars
             ,
             was
             to
             haue
             the
             marriage
             of
             his
             Wards
             both
             Male
             and
             Female
             .
          
           
             Interest
             of
             marriage
             goeth
             employed
             in
             euery
             tenure
             by
             Knights
             seruice
             .
          
           
             ☞
             Reseruation
             that
             his
             tenant
             shold
             keepe
             a
             horse
             of
             Seruice
             ,
             and
             serue
             vpon
             him
             himselfe
             ,
             when
             the
             King
             went
             to
             warres
             ,
             which
             is
             a
             part
             of
             that
             seruice
             called
             Knights
             seruice
             .
          
           
             ☞
             3.
             
             Institution
             of
             the
             Conquerour
             was
             that
             his
             tenant
             ;
             by
             Knights
             seruice
             vow
             vnto
             loyeltie
             ,
             Which
             he
             called
             Homage
             ,
             and
             make
             vnto
             him
             oath
             of
             his
             faith
             which
             was
             called
             Fea
             tie
             .
          
           
             Ayd
             money
             to
             make
             the
             Kings
             eldest
             son
             a
             Knight
             ,
             or
             to
             marry
             his
             eldest
             Daughter
             is
             likewise
             due
             to
             his
             Maiestie
             from
             euery
             one
             of
             his
             Tenants
             in
             Knights
             seruice
             ,
             that
             hold
             by
             a
             whole
             feo
             20
             1.
             and
             from
             euery
             Tenant
             in
             Soccage
             if
             his
             land
             be
             worth
             10.
             pounds
             
               per
               ann
            
             .
             20.
             5.
             vide
             N.
             3.
             fol.
             82.
             
          
           
             1.
             
             Homage
             .
          
           
             2.
             
             Fcaltie
             .
          
           
             ☞
             4.
             
             Institution
             was
             for
             Recognizon
             of
             the
             Kings
             bountie
             to
             bee
             payd
             by
             euery
             heire
             vpon
             the
             death
             of
             his
             a
             ancestor
             ,
             which
             is
             one
             yeares
             profit
             of
             the
             Lands
             ,
             called
             ,
             
               Primer
               seissin
            
             .
          
           
             Escuage
             was
             likewise
             due
             vnto
             the
             King
             from
             his
             Tenant
             by
             Knights
             seruice
             ,
             when
             his
             Maiestre
             made
             a
             voyage
             royall
             to
             warre
             against
             another
             Nation
             ,
             those
             of
             his
             Tenants
             that
             did
             not
             attend
             him
             there
             for
             40.
             dayes
             with
             Horse
             and
             furniture
             fit
             for
             seruice
             ,
             were
             to
             bee
             assessed
             in
             a
             certaine
             sum
             ne
             by
             act
             of
             Parliament
             ,
             to
             bee
             payed
             vnto
             his
             Maiesty
             ,
             which
             assessement
             is
             called
             Escuage
             .
          
           
             ☞
             Knights
             Seruice
             in
             Capite
             ,
             is
             a
             Tenure
             
               de
               persona
               Regis
            
             .
          
           
             Tenants
             by
             Grand
             Serjantie
             ,
             Were
             to
             pay
             reliefe
             at
             the
             full
             age
             of
             euery
             heire
             ,
             which
             was
             one
             years
             value
             of
             the
             lands
             so
             held
             
               vltra
               Repriss
            
             .
          
           
             Grand
             Serjantie
             .
             Pettie
             Serjantie
             .
          
           
             The
             institution
             of
             Soccage
             in
             Capite
             and
             What
             it
             is
             now
             turned
             into
             monies
             reuts
             .
          
           
             Antient
             Demeasne
             Texure
             ,
             What
             ?
          
           
             ☞
             Office
             of
             Alienation
             .
          
           
             A●ence
             of
             alienation
             is
             the
             third
             part
             of
             one
             yeres
             value
             of
             the
             land
             moderately
             rated
             .
          
           
             ☞
             Aid
             ,
             a
             summe
             of
             mony
             ratably
             leauied
             according
             to
             the
             proportion
             of
             the
             Lands
             .
          
           
             Euery
             Tenant
             by
             Knights
             Seruice
             in
             Capite
             ,
             had
             to
             make
             the
             Kings
             eldest
             Son
             a
             Knight
             ,
             or
             tomarry
             his
             Eldest
             daughter
             .
          
           
             Tenants
             by
             Soccage
             in
             Cap.
             must
             sue
             liuerie
             and
             pay
             Primer
             Seisin
             ,
             and
             not
             to
             bee
             in
             Ward
             for
             bodie
             or
             Land.
             
          
           
             ☞
             How
             Mannors
             were
             at
             first
             created
             .
             Mannors
             created
             by
             great
             men
             in
             imitation
             of
             the
             policie
             of
             the
             King
             in
             the
             institutions
             of
             tenures
             .
          
           
             Knights
             seruice
             tenure
             reserued
             to
             common
             persons
             .
          
           
             Knights
             Seruice
             Tenure
             created
             by
             the
             Lord
             is
             not
             a
             Tenure
             by
             Knights
             seruice
             of
             the
             person
             of
             the
             Lord
             ,
             but
             of
             his
             Mannor
             .
          
           
             Reliefe
             is
             5
             l.
             to
             bee
             paid
             by
             euery
             Tenant
             by
             Knights
             seruice
             to
             his
             Lord
             vpon
             his
             entrance
             respectiuely
             for
             euery
             Knights
             fee
             descended
             .
          
           
             Soccage
             Tenure
             reserued
             by
             the
             Lord.
             
          
           
             ☞
             Reliefe
             of
             Tennant
             in
             Soccage
             one
             yeares
             rent
             and
             no
             wardship
             or
             other
             profit
             vpon
             the
             dying
             of
             the
             Tenant
             .
          
           
             Ayd
             mony
             and
             Esctiage
             mony
             is
             likewise
             due
             vnto
             the
             Lords
             of
             their
             Tenants
             ,
             ride
             N.
             3.
             fol.
             82.
             and
             83.
             
          
           
             Uillenage
             or
             Tenure
             by
             Coppie
             of
             Court
             Roll.
             
          
           
             ☞
             Court
             Baron
             with
             the
             vse
             of
             it
             .
          
           
             Suit
             to
             the
             Court
             of
             the
             Lord
             incident
             to
             the
             Tenure
             of
             the
             Free-holders
             .
          
           
             ☞
             What
             attainders
             shall
             giue
             the
             Escheat
             to
             the
             Lord.
             Attainders
             ,
             1.
             
             By
             iudgement
             .
             2.
             
             By
             verdict
             confession
             .
             3.
             
             By
             outlary
             giue
             the
             Lands
             to
             the
             Lord.
             
          
           
             ☞
             Of
             an
             Attainder
             by
             Out
             .
             lawrie
             .
          
           
             ☞
             Prayer
             of
             Clergie
             .
          
           
             ☞
             He
             that
             standeth
             mute
             forfeiteth
             no
             Lands
             ,
             except
             for
             Treason
             .
          
           
             ☞
             Hee
             that
             killeth
             himselfe
             forfeiteth
             but
             his
             Chattels
             .
          
           
             ☞
             Flying
             for
             Felony
             ,
             a
             forfeiture
             of
             Goods
             .
          
           
             ☞
             He
             that
             yeeldeth
             his
             body
             vpon
             the
             Exigent
             for
             Felonie
             forseiteth
             his
             goods
             .
          
           
             ☞
             Lands
             entailed
             ,
             Escheat
             to
             the
             King
             for
             Treason
             .
          
           
             ☞
             Tenant
             for
             life
             committeth
             Treason
             or
             Felonie
             ,
             there
             shall
             be
             no
             Escheat
             to
             the
             Lord.
             
          
           
             ☞
             The
             wife
             looseth
             no
             power
             not-Withstanding
             the
             hus
             band
             be
             attainted
             of
             Felonie
             .
          
           
             ☞
             Attainder
             in
             Felorie
             or
             Treason
             by
             verdict
             ,
             confession
             ,
             or
             outlary
             ,
             forfeiteth
             all
             they
             had
             from
             the
             time
             of
             the
             offence
             committed
             .
          
           
             Of
             the
             Relation
             of
             Attainders
             ,
             as
             to
             the
             Forfeiture
             of
             Lands
             and
             goods
             ,
             with
             the
             diuersity
             .
          
           
             And
             so
             it
             is
             vpon
             an
             attainder
             of
             outlawrie
             ,
             otherwise
             it
             is
             in
             the
             attainder
             by
             verdict
             ,
             confession
             ,
             and
             outlawrie
             as
             to
             their
             relation
             for
             the
             forfeiture
             of
             goods
             and
             Chattels
             .
          
           
             The
             Kings
             Officers
             vpon
             the
             apprehension
             of
             a
             Felon
             are
             to
             sesze
             his
             goods
             and
             Chattels
             .
          
           
             ☞
             A
             person
             attainted
             may
             purchase
             but
             it
             shall
             be
             to
             the
             Kings
             vse
             .
          
           
             ☞
             There
             can
             be
             no
             restitution
             in
             Bloud
             .
             Without
             Act
             of
             Parliament
             but
             a
             pardon
             enableth
             a
             man
             to
             purchase
             and
             the
             heire
             begotten
             after
             shall
             inherit
             those
             Lands
             .
          
           
             ☞
             Propertie
             of
             Land
             by
             conueyance
             diuided
             into
             1.
             
             Estates
             in
             Fees.
             2.
             
             In
             Tayle
             .
             3
             For
             Life
             .
             4.
             
             For
             Yeeres
             .
          
           
             Lease
             Paroll
             .
          
           
             Lease
             by
             writing
             .
             Pole
             or
             indented
             .
          
           
             A
             rent
             need
             not
             to
             be
             reserued
             .
          
           
             Lease
             for
             yeares
             they
             goe
             to
             the
             Executors
             and
             not
             to
             the
             Heires
             :
          
           
             Leases
             are
             to
             bee
             forfeited
             by
             attainder
             .
             1.
             
             In
             Treason
             .
             2.
             
             Felonie
             .
             3.
             
             Premunire
             .
             4.
             
             By
             killing
             himselfe
             .
             5.
             
             For
             flying
             .
             6.
             
             Standing
             out
             or
             mute
             ,
             or
             refusing
             to
             bee
             tryed
             by
             the
             Country
             .
             7.
             
             By
             Conuiction
             .
             8.
             
             Pettie
             larcerie
             .
             9.
             
             Going
             beyond
             the
             Sea
             without
             License
             .
          
           
             By
             what
             means
             they
             are
             forfeitable
             .
          
           
             ☞
             Extents
             vpon
             Stat.
             Staple
             ,
             Marchant
             ,
             Elegit
             ,
             Wardship
             of
             Bodie
             and
             Lands
             are
             Chattels
             and
             forfeitable
             in
             the
             same
             manner
             as
             leases
             for
             yeares
             are
             .
          
           
             ☞
             Lease
             for
             life
             is
             not
             forfeitable
             by
             out
             lawry
             except
             in
             cases
             of
             Eclonie
             or
             Premunire
             and
             then
             to
             the
             King
             and
             not
             to
             the
             Lord
             by
             Eseheat
             and
             it
             is
             not
             forfeited
             by
             any
             of
             the
             meanes
             before
             mentioned
             of
             of
             leases
             for
             yeares
             .
          
           
             What
             Liuerie
             of
             Seisien
             is
             ,
             and
             how
             it
             is
             requistie
             to
             euery
             Estate
             for
             life
             .
          
           
             Indorsement
             of
             Liuerie
             vpon
             the
             Backe
             of
             the
             deed
             and
             witnesses
             of
             it
             .
          
           
             Lease
             for
             life
             not
             to
             bee
             sould
             by
             the
             Sheriffe
             for
             debt
             but
             extended
             yearely
             .
          
           
             ☞
             A
             man
             that
             hath
             bona
             Felon
             ,
             by
             Charter
             shall
             not
             haue
             the
             tearme
             if
             leaser
             for
             life
             be
             attainted
             .
          
           
             ☞
             Occupant
             .
          
           
             ☞
             Of
             estate
             tailes
             and
             how
             such
             an
             estate
             may
             be
             limited
             .
          
           
             ☞
             By
             the
             Stat.
             of
             West
             .
             1.
             made
             in
             E.
             1.
             time
             estates
             in
             tayle
             were
             so
             strengthened
             they
             were
             not
             forfeitable
             by
             any
             attainder
             .
          
           
             ☞
             The
             great
             inconuenience
             that
             ensued
             thereof
             .
          
           
             ☞
             The
             prejudice
             the
             Crowne
             received
             thereby
             .
          
           
             The
             Stat.
             4.
             
             H.
             7.
             and
             32.
             
             H.
             8
             to
             bar
             estates
             taile
             by
             fine
             .
          
           
             26.
             
             H.
             8.
             
          
           
             32.
             
             H.
             8.
             
          
           
             33
             H
             8.
             
          
           
             13.
             
             &
             39.
             Eliz
             
          
           
             Ent
             eyles
             two
             priuiledges
             .
             1
             Not
             forfeitable
             for
             Felonie
             .
             2.
             ly
             Not
             extendable
             for
             the
             Debts
             of
             the
             partie
             after
             his
             death
             Proviso
             ,
             not
             to
             put
             away
             the
             Land
             from
             his
             next
             heyre
             .
             If
             he
             do
             to
             forfeit
             his
             owne
             Estate
             ,
             and
             that
             his
             next
             heyre
             must
             enter
             .
          
           
             ☞
             Of
             the
             new
             devise
             called
             a
             Perpetuitie
             ,
             which
             is
             an
             Entayle
             with
             an
             addition
             .
          
           
             These
             Perpetuities
             would
             bring
             in
             all
             the
             former
             inconueniencies
             of
             Estates
             tailes
             
          
           
             The
             inconueniencies
             of
             those
             Perpetuities
             .
          
           
             ☞
             Quere
             whether
             it
             bee
             better
             to
             restraine
             men
             by
             those
             Perpetuities
             from
             alienations
             or
             to
             hazard
             the
             vndoing
             of
             houses
             by
             vnthrifty
             Posteritie
             .
          
           
             ☞
             The
             last
             and
             greatest
             Estate
             in
             Land
             is
             Fee-simple
             .
          
           
             A
             remainder
             cannot
             bee
             limitted
             vpon
             an
             estate
             in
             Fee-simple
             .
          
           
             The
             difference
             betweene
             a
             Remainder
             and
             a
             Revertion
             .
          
           
             A
             Revertion
             cannot
             bee
             granted
             by
             word
             .
          
           
             Atturnement
             must
             be
             had
             to
             the
             grant
             of
             the
             Revertion
             .
          
           
             The
             Tenant
             not
             compellable
             to
             atturn
             but
             where
             the
             Revertion
             is
             granted
             by
             fine
             .
          
           
             ☞
             Lands
             may
             be
             conueyed
             six
             manner
             of
             wayes
             .
             1
             By
             Feofment
             .
             2
             By
             Fine
             .
             3
             By
             Recouerie
             .
             4
             By
             Vse
             .
             5
             By
             Couenant
             .
             6
             By
             Will.
             
          
           
             What
             a
             Feofment
             of
             land
             is
             .
          
           
             ☞
             What
             a
             Fine
             is
             ,
             and
             how
             Lands
             may
             bee
             conueyed
             hereby
             .
          
           
             Fiue
             yeares
             non
             Clayme
             barreth
             not
             .
          
           
             1
             An
             Infant
             .
          
           
             2
             Feme
             Covert
             .
          
           
             3
             Mad.
             man.
             
          
           
             4
             Beyond
             Sea.
             
          
           
             Fine
             is
             a
             Feofment
             of
             Record
             .
          
           
             ☞
             What
             Recoueries
             are
             .
          
           
             Common
             Voucher
             one
             of
             the
             Criers
             of
             the
             Court.
             
          
           
             ☞
             Iudgement
             for
             the
             Demaundant
             against
             the
             Tenant
             in
             taile
             .
          
           
             Iudgement
             for
             the
             Tenant
             to
             recouer
             so
             much
             land
             in
             value
             of
             the
             Common
             voncher
             .
          
           
             ☞
             A
             recouery
             barreth
             an
             Escheat
             taile
             and
             all
             reuersions
             and
             remaindments
             thereupon
             .
          
           
             ☞
             The
             reason
             why
             a
             Common
             Recovery
             barreth
             those
             in
             Remainder
             and
             Reversions
             .
          
           
             ☞
             The
             manie
             incōveniencies
             of
             estates
             in
             tayle
             brought
             in
             these
             Recoveries
             ,
             which
             are
             made
             now
             common
             conveyances
             and
             assurances
             for
             Land.
             
          
           
             Vpon
             Fines
             ,
             Feofments
             ,
             and
             Recoveries
             ,
             the
             estate
             doth
             settle
             according
             to
             the
             intent
             of
             the
             parties
             .
          
           
             ☞
             Bargaines
             Sales
             and
             Covenant
             to
             stand
             seized
             to
             a
             vse
             ,
             are
             all
             grounded
             vpon
             one
             Statute
             .
          
           
             ☞
             What
             a
             vse
             is
             .
          
           
             Before
             27.
             
             H.
             8.
             there
             was
             no
             remedie
             for
             a
             vse
             ,
             but
             in
             Chancerie
             .
          
           
             The
             Stat.
             of
             27.
             
             H.
             8.
             doth
             not
             passe
             Land
             vpon
             the
             payment
             of
             mony
             without
             a
             deed
             indented
             and
             Enrolled
             .
          
           
             The
             Stat.
             of
             27.
             of
             H.
             8.
             extendeth
             not
             into
             Cities
             and
             Corporate
             Townes
             where
             they
             did
             vse
             to
             Enroll
             Deeds
             .
          
           
             ☞
             A
             conueyance
             to
             stand
             seized
             to
             a
             vse
             .
          
           
             Vpon
             an
             agreement
             in
             writing
             to
             stand
             seized
             to
             the
             vse
             of
             any
             of
             his
             kindred
             .
             A
             vse
             may
             be
             created
             and
             the
             estate
             of
             the
             land
             therevpon
             exccuted
             ,
             by
             27.
             
             H.
             8.
             
          
           
             ☞
             A
             Convenant
             to
             stand
             seized
             to
             a
             vse
             needeth
             no
             Enrolment
             as
             a
             Bargaine
             and
             Sale
             to
             ●se
             vse
             doth
             ,
             so
             it
             bee
             to
             the
             vse
             of
             Wife
             ,
             Child
             ,
             or
             Cozen
             ,
             or
             one
             hee
             meaneth
             to
             marry
             .
          
           
             ☞
             Vpon
             a
             Fine
             ,
             Feofment
             or
             Recoverie
             ,
             a
             man
             may
             limit
             the
             vse
             to
             whom
             hee
             listeth
             ,
             without
             Consideration
             of
             bloud
             ,
             or
             money
             .
             Otherwise
             ,
             In
             a
             Bargaine
             and
             Sale
             or
             Covenant
             .
          
           
             ☞
             Of
             the
             continuance
             of
             Land
             by
             will.
             
          
           
             ☞
             The
             not
             disposing
             of
             Lands
             by
             will
             ,
             was
             thought
             to
             bee
             a
             defect
             at
             the
             Common
             Law.
             
          
           
             ☞
             The
             Court
             that
             was
             invented
             before
             the
             Stat.
             of
             32.
             
             H.
             8.
             which
             first
             gaue
             power
             to
             devise
             Lands
             by
             Will
             ,
             which
             was
             a
             Conveyance
             of
             Lands
             to
             Feoffors
             in
             trust
             ,
             to
             such
             persons
             as
             they
             should
             declare
             in
             their
             Will.
             
          
           
             ☞
             The
             inconveniencies
             of
             putting
             Lands
             into
             vse
             .
          
           
             ☞
             The
             frauds
             of
             conueyances
             to
             vse
             by
             degrees
             of
             time
             ,
             as
             they
             encreased
             ,
             were
             remedied
             by
             the
             Statutes
             .
          
           
             
               
                 
                   1.
                   
                   H.
                   8.
                   
                
                 
                   Stat
                   binding
                   Cesty
                   and
                   vse
                   .
                
              
               
                 
                   4.
                   
                   N
                   8.
                   
                
              
               
                 
                   1.
                   
                   R.
                   3.
                   
                
              
               
                 
                   4.
                   
                   H.
                   7.
                   
                
              
               
                 
                   16.
                   
                   H.
                   8.
                   
                
              
            
          
           
             ☞
             27
             H
             8.
             taking
             away
             all
             u'es
             redu●●●
             the
             Law
             to
             the
             ancient
             form
             of
             Conveyances
             of
             Land
             ,
             by
             Feofment
             ,
             Fine
             ,
             and
             Recoverie
             .
          
           
             ☞
             In
             what
             manner
             the
             Stat.
             of
             32.
             
             H.
             8.
             giueth
             power
             to
             dispose
             of
             Lands
             by
             will.
             
          
           
             If
             a
             Man
             bee
             seized
             of
             Capite
             Lands
             and
             Soccage
             ,
             he
             cannot
             devise
             but
             two
             parts
             of
             the
             whole
             .
          
           
             ☞
             The
             third
             part
             must
             descend
             to
             the
             Heire
             to
             answere
             Guardship
             ,
             Livery
             and
             Seizen
             to
             the
             Crowne
             .
          
           
             ☞
             A
             Conueyance
             by
             deuise
             of
             Capite
             Lands
             to
             the
             Wife
             for
             her
             Ioynture
             ,
             or
             to
             his
             Children
             for
             ther
             good
             ,
             or
             to
             pay
             Debts
             is
             void
             for
             a
             third
             part
             ,
             by
             32.
             
             H.
             8.
             
          
           
             ☞
             But
             a
             Conveyance
             by
             Act
             executed
             in
             the
             life
             time
             of
             the
             partie
             of
             such
             Lands
             to
             such
             vses
             is
             not
             void
             ,
             but
             〈◊〉
             pa●
             :
             but
             if
             the
             heire
             〈◊〉
             〈◊〉
             age
             ,
             he
             shal
             ●
             one
             of
             the
             Acres
             to
             be
             in
             Wara
             .
          
           
             Aflictis
             .
             Aflictis
             ne
             .
             Addere
             .
          
           
             ☞
             Entayled
             Lands
             part
             of
             the
             thirds
             .
          
           
             The
             King
             nor
             Lord
             cannot
             intermeddle
             if
             a
             full
             third
             part
             be
             left
             to
             descend
             to
             the
             Heire
             .
          
           
             ☞
             The
             manner
             of
             making
             supply
             when
             the
             part
             of
             the
             heire
             is
             not
             a
             full
             third
             .
          
           
             ☞
             The
             Stat.
             giueth
             power
             to
             the
             Testator
             to
             set
             out
             the
             third
             himselfe
             ,
             and
             if
             it
             bee
             not
             a
             third
             part
             ,
             yet
             the
             King
             or
             Lord
             must
             take
             that
             in
             part
             ,
             and
             haue
             a
             supply
             out
             of
             the
             Rent
             
          
           
             ☞
             A
             deed
             of
             guift
             of
             goods
             to
             deceiue
             his
             Creditors
             is
             void
             against
             them
             ,
             but
             good
             against
             the
             Executors
             Admin
             .
             or
             Vender
             of
             the
             partie
             himselfe
             .
          
           
             ☞
             What
             is
             a
             Sale
             
               bona
               fide
            
             and
             what
             not
             ,
             when
             there
             is
             a
             priuate
             reseruation
             of
             trust
             betweene
             the
             parties
             .
          
           
             ☞
             How
             a
             Sale
             in
             Market
             shall
             bee
             a
             barre
             to
             the
             owner
             .
          
           
             ☞
             Of
             Markets
             and
             what
             Markets
             such
             a
             Sale
             ought
             to
             be
             made
             in
             .
          
           
             ☞
             The
             owner
             may
             Seize
             his
             goods
             after
             they
             are
             stolne
             .
          
           
             ☞
             If
             the
             Thiefe
             be
             condemned
             for
             Felonie
             ,
             or
             outlawed
             ,
             or
             forfeit
             the
             stolne
             goods
             to
             the
             Crowne
             ,
             the
             owner
             is
             without
             remedie
             .
          
           
             ☞
             But
             if
             hee
             make
             fresh
             persuit
             hee
             may
             take
             his
             goods
             from
             the
             Thiefe
             .
          
           
             ☞
             Or
             if
             hee
             prosecuted
             the
             law
             against
             the
             Thiefe
             and
             convict
             him
             of
             the
             same
             Felonie
             he
             shall
             haue
             his
             goods
             againe
             ,
             by
             a
             writ
             of
             Restitution
             .
          
           
             ☞
             Executors
             may
             before
             probat
             dispose
             of
             the
             goods
             ,
             but
             not
             bring
             an
             action
             for
             any
             debt
             .
          
           
             ☞
             What
             probat
             .
             of
             the
             Will
             is
             ,
             and
             in
             what
             manner
             it
             is
             made
             .
          
           
             Pij
             Vsus
             .
          
           
             〈◊〉
             
          
           
             ☞
             Where
             the
             Iutestate
             had
             
               Bona
               notabilia
            
             in
             diuers
             Diocesse
             ,
             then
             the
             Archbishop
             of
             that
             Prouince
             where
             bee
             dyed
             is
             to
             commit
             the
             Administration
             .
          
           
             ☞
             Executor
             may
             refuse
             before
             the
             Bishop
             ,
             if
             hee
             haue
             not
             intermedled
             With
             the
             goods
             .
          
           
             ☞
             Executor
             ought
             to
             pay
             ,
             1
             Iudgements
             .
             2
             Stat.
             Recogn
             :
             3
             Debts
             by
             bonds
             and
             bills
             sealed
             .
             4
             Rent
             vnpayed
             .
             5
             Seruants
             wages
             6
             Head
             workmen
             7
             Shop-booke
             and
             Contracts
             by
             word
             .
          
           
             ☞
             Debts
             due
             in
             equall
             degree
             of
             Record
             ,
             the
             Executor
             may
             pay
             which
             of
             them
             hee
             please
             before
             suit
             commenced
             .
          
           
             ☞
             Any
             one
             Executor
             may
             dot
             as
             much
             as
             all
             together
             ,
             but
             if
             a
             debt
             be
             released
             and
             Assets
             wanting
             ,
             he
             shall
             only
             be
             discharged
             .
          
           
             ☞
             Otherwise
             of
             Administrators
             .
          
           
             ☞
             Executor
             dyeth
             making
             his
             Executor
             ,
             the
             second
             Executor
             shall
             be
             Executor
             to
             the
             first
             Testator
             .
          
           
             ☞
             But
             otherwise
             ,
             if
             the
             Administrator
             dye
             making
             his
             Executor
             ,
             or
             if
             Administration
             be
             committed
             of
             his
             goods
             .
             Inboth
             cases
             ,
             the
             Ordinarie
             shall
             commit
             Administration
             of
             the
             goods
             of
             the
             first
             Iutestate
             .
          
           
             ☞
             Executors
             or
             Administrators
             may
             reteyne
             
          
           
             ☞
             Executors
             or
             Administrators
             may
             retaine
             ;
             because
             the
             Executors
             are
             charged
             to
             pay
             some
             debts
             before
             Legacies
             .
          
           
             ☞
             Legacies
             are
             to
             bee
             payed
             before
             debts
             by
             Shopbookes
             ,
             Bils
             vnsealed
             ,
             or
             Contracts
             by
             Word
             .
          
           
             ☞
             Executor
             may
             pay
             which
             Legacie
             hee
             will
             first
             .
          
           
             If
             the
             Executors
             doe
             want
             they
             may
             sell
             any
             Legacie
             to
             pay
             Debts
             .
          
           
             ☞
             When
             a
             will
             is
             made
             and
             no
             Executor
             named
             ,
             Administration
             is
             to
             bee
             committed
             
               Cum
               testamento
               annexo
            
             .