THE LAWYERS LIGHT: OR, A due direction for the study of the Law; for  
Method.  
Choice of Books modern.  
Selection of Authors of more antiquity.  
Application of either.  
Accommodation of diverse other useful requisits.  
All tending to the speedy and more easy attaining of the knowledge of the Common Law of this Kingdom.  
With necessary cautions against certain abuses or oversights, aswell in the Practitioner as Student.  
Written by the Reverend and learned professor thereof, I D.  
To which is annexed for the affinity of the Subject, another Treatise, called  
The Use of the Law.  
¶ Imprinted at London for Benjamin Fisher, and are to be sold at his shop in Aldersgate street, at the sign of the Talbot. 1629.   

TO THE READER.  
Courteous Reader,  
I Present unto you here two children, the one whereof hath an Author unknown; The other a Father deceased; Both Infants; both Orphans; and both so like, as if they were Gemini horoscope uno. The Law enjoins you to keep them; and their descent deserves it: If you keep, and cherish them in their infancy, the Law by whose letters of commendations they are committed to your tuition, will keep and preserve you and yours, your persons, goods, and good names from violence, depredation, and detraction, unto posterity. Case them in what fashion you please: And put them into what liveries 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; Indeed they were intended for general good. For he that will calculate their Nativity, shall by a true judicial find in either a plentiful promise of public profit and fundamental fabric both of the study and use of the Laws of this Realm. It is a duty we owe to the known Author though deceased, and a charity to the Author whose modesty conceals his name, to communicate to the general what was so collated in their particular, and so legaterily provided for their common behoof; 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 public is committed; we do now publish and commend to all Students in the Laws, and others which shall desire to enable their judgements in this kind.   

In praise of the work.  

AS after pain in digging of the Mould,  
Long time is spent in severing the Oar  
From the mixed earth; at length refined Gold  
Is by the Artist wrought, by which his store  
Is much increased and the common good.  
So by this Book if rightly understood  
And prised at full worth, the Reader may  
Observe the Author's labour, who hath drawn  
From the deep Mass of Law, an easy way  
To make the Student perfect; and doth pawn  
His credit on't, Perusers may be bold  
To show it for he knows the Touch will hold.   
W. T.   

Another.  

When Critics shall but view the Title, they  
Will carp at this great Enterprise, and say,  
It was too boldly done, thus to comprise  
In a small Volume, Law, and a true size  
To set upon it; but the learned will  
Excuse his little Book, and praise his skill,  
His aim being only to instruct the youth,  
Not to control the judge, or wrong the truth:  
For he well knows, Cases with time may change,  
And that prove common which before was strange.   
I. S.   

THE TABLE.  

NOtes collected out of diverse Authors. Fol. 5  
Grounds borrowed out of Logic. 7  
Grounds borrowed out of natural Philosophy. 9  
Grounds borrowed out of Moral Philosophy. ibid.  
Grounds borrowed out of the Civil Law. 10  
Grounds borrowed out of the Cannon Law. 12  
Grounds derived from the use, custom and conversation of men. 13  
Proverbial Grounds. 14  
Maxims appliable only to one title. 15  
The diverse kinds of Grounds which do concern one title. 16  
Formal causes and Grounds of the Law. 42  
Notes collected touching the verity of Principles. 43  
Notes collected touching the difference between primary and secondary principles. 45  
The first sort of secondary rules grounded upon intendment. 48  
Notes touching the definition, division, and necessary consequents of secondary principles. 49  
The second sort of secondary rules grounded upon intendment. 59  
The second principal kind of contingent propositions. 57  
The triple use of equity in the Laws. 62  
Notes collected out of Authors touching exceptions of rules, and from whence they spring. 63  
Exceptions ministered by equity. 77  
The use of general rules, and the observations of their specials. 89  
Notes collected out of Authors touching the observation of general propositions. ibid.  
Notes of Authors touching the observation of collection of grounds, and rules by inference. 104    

ARISTOTLE in the first book of his Topickes expressing the means, whereby in every faculty or science Intellectual, resting upon discourse of reason, Men might abound in matter apt for Argumentation, and might be furnished with copy of Reason fit for the proof or disproof of things called into debate, in such the sciences by them professed, expresseth a fowrefold observation,  
1. Quarum una (as he saith) est in propositionibus 
Arist. Top. lib. 1. cap. 12. 13. 14.  eligendis.  
2. Altera in distinguendo quot modis quicquid dicatur.  
3. Tertia in differentijs inveniendis.  
4. Quarta in similitudinis cognition & scientia.  
All which are notable instruments of knowledge, greatly profitable, yea necessary for the obtaining of all such sciences as do depend upon reason: and so consequently much available to be observed in the study of the Laws of this Land, which are grounded upon the depth of Reason, and invested 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 four 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 observation, and collection of all received Principles, Propositions, Sentences, Assertions, Axioms and Reasons, importing either certainty of truth, or likelihood of probability.  
Wherein first Aristotle giveth precepts to collect them, and then after giveth counsel, so to digest them, as that they may at all times be ready for our use.  
Wherefore hereof intending an ample discourse, it shall be requisite to follow the ordinary and best Method, by Definition, Division, and the due speculation of their Causes, whereby may be manifested what they are, of how many kinds they are, the diverse manners of collection of them; and lastly, the end, scope, and use, whereunto they tend, and the profit ensuing by observation of the same.  
That first therefore the names, by which in our Law they have usually been called, might be made manifest before their nature be discovered (Primò enim de nomine conveniat) it may with little labour easily appear, that sundry are the titles or names given in the volumes of Reports and other writings of the Law, unto such propositions as do remain as reasons of resolved cases.  
Sometimes they have been called Grounds, See 
Grounds.  in the 30. Hen. 8. 44. b. Dyer numero 30. it is said, Est une altar Ground in tenure in Chief. S. Il. do't este immediate deal Roy; et il convient comencer, et prend son original creation per le Roy mesme, et per nul de ses subjects. So likewise speaks Reed. 5. Hen. 7. 23. b. Est bone Ground in Trespass, Discontinuance 
Uide 12. H. 7. 13. a. Davers Com. 121. b. Stamford.  verse un est Discontinuance verse touts, with infinite such other.  
Sometime they have been called Maxims; for 
Maxims.  so saith Fortescue in 34, Hen. 6. 33. a. Est un Maxime en nostre Ley, Queen in chacun action personal, le Non-sute deal an sera le Nonsutte de ambidoux, fore prize in tiels cases que sont except per statut. Likewise saith Knightley 19 Hen. 8. 38. a. Dyer numero 51. Est un Maxim, Que un action sera touts foits conceive ou le plus meliour trial, et notice del fait poit este conus; et specialment lou de tort est personal, with diverse such like.  
Sometimes they are called Principles, for so in the 
Principles.  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 
Vide Com. 345. a.  sera pris plus fortment verse luy.  
Sometimes they have been called Eruditions. In 
Eruditions. Vide 14. Hen. 8. 28. a. Pollard 24. Hen 8. 40 Dyer. nu 66.  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, justices 
3 Ed. 4. 7 a. Lit. Vide 33. Hen. 6. 54. a. 44. Ed. 3. 34. b.  Il est une Common Erudition, Que in cel County lou le tort commence, l'action sera porte.  
Moreover, sometimes for their firmness they 
Law's positive.  have been called Laws Positive, for so speaketh Belknap. 2. Rich. 2. Fitzh. Account 45. Il est ley positive, Que home navera damages in breve d'accompt.  
Sometimes they are invested by the title of Law it 
Laws.  self; 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; 
Vide 9 Hen. 4. 59 b. Paston.  et puis son plee est troue encounter lay, i'll naver unque advantage de son protestation. Of which manner speech there are manifold examples.  
So that be they named Grounds, Maxims, Principles, Eruditions, Laws Positive, Laws, Rules or Propositions, or by whatsoever other name they be called, let us now seek the nature of them by their Definitions.  
Paulus the ancient Roman Lawyer thus defines a Principle or Rule of law: Regula juris, rem quae est, 
Li. 1. F. de Reg. juris.  breviter enarrat. etc.  
If we do respect the original thereof together 
〈◊〉. Colth. 17. b.  with the effect it yieldeth; Morgan in the Commentaries of Plowden, thus defineth it: A maxim 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, Do only respect the manner of the Collecting of them, from particular cases or circumstances do thus affirm: Regula juris est multorum 
Prateus de Reg: juris lib. 6.  specialium per generalem conclusionem brevis comprehensio. Or as joachimus Hopperus in his first 
joach. Hopp. de juris arte 371. a.  book de juris arte, though disagreeing in words, yet one in the sense with the former; Regulae juris sunt quaedam coniectiones tantum, & breviaria ex pluribus speciebus in unum per commune aliquod collecta. Another of them in this manner, Regula est sententia 
Sim. Shardius Lexic. juris Regul.  generalis, quae ex plurium legum ment à juris consultis notata atque animadversa, paucis verbis summam earum consentionem & tanquam harmoniam complectitur.  
Matheus Gribaldus in his first book de ratione 
Matheus Gribaldus l. 1. c. 7. de ratione studij juris.  studij cap. 7 saith, Regulae juris nihil aliud sunt quam breves & compendiosae sententiae ex pervagatis definitionibus perstrictae, quò & minori labore discantur, & faciliùs diutiúsque memoria teneantur.  

Notes collected out of Authors.  
Regula juris est plurium conpendiosa narratio, & 
Paulus lib. F. de regula juris.  quasi causae coniectio.  
Nec absimile est quod Grammatici dicunt, eam esse multorum similium collectionem.  
In summa autem est, ac si quis, praedictis cum verbis 
Antony's Masae de exercitio jurispr. lib. 1.  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 quam plurium rerum & specierum 
joach. Hopperus de jurit arte l. 2. so. 469. a.  in unam quasi summam coniectio.  
But binding ourselves to no prescript rules of Art, for the better understanding of the same, we may describe a Rule or Ground of Law thus: A Ground, 
Definition,  Rule, or Principle, of the Law of England is a conclusion either of the Law of Nature, or derived from some general Custom used within the Realm, containing in a short Sum, the reason and direction of many particular and special occurrences.  
As touching the division thereof, we shall better 
Division.  observe 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 
De causis. Arist 11. Met. c. 4. T. 23.  etiam ea quae extrinsecus sumuntur: ut id quod motum affert & efficiens est.  
Causarum quatuor sunt genera. 
Arist. l. 2. Dem. c. 11. To. 11.   
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 
Ant. Masae de exercitio jurisperitorum l. 1. p 38. b.  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, etc.  

All causes of every thing are either   

Internal or external.   

Internal are the causes   

Material   

Formal.   

The external causes are the   

Efficient   

Final.   
As touching the Material cause, matter, or subject 
Material cause  wherein these grounds are conversant, the same are all those things, whereof debate may rise between parties judicially: which are as well divine as humane. Insomuch as juris prudentia, or the knowledge of the Law, is Divinarum humanarúmque 
Blacton lib. 1. cap. 4. § 4.  rerum scientia. And hence proceedeth it, that all Grounds or Rules of the Law of England in respect of their matter which they do concern, are either such as are not restrained to any one proper or peculiar title of the Law, but as occasion serveth, are appliable unto every 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 Natural reason, or drawn and derived from the same, do not only serve as directions and Principles of the Law, but are likewise as Positions and Axioms to be observed throughout all man's life and conversation; having their original from those Arts that are necessary and behooveful for maintenance of humane society.  
And first of all concerning the Art of Logic; 
Grounds borrowed out of Logic.  from thence the learned of our Laws have received many Principles, as well out of that part which concerneth the Invention of Arguments, as of that which teacheth the disposing, framing and the judgement of the same.   

From the first part these may serve for example.  
Idem non potest esse Agens & Patiens. 
14. H. 831. a. b. 28. b. 8. 10. b. n. 37. Dyer. Com. 213. b. Com. 323. b.   
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. 
9 Hen. 7. 24. a.   
Turpis est pars quae cum toto non convenit. With 
Com. 161. a.  many such like, etc.   

From the judicial parts of Logic, these and diverse others.  
Qui negat confusè, negat confusè & distributiuè. 
2. Rich. 3. 7. a.   
But how that saying may be understood, 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) Moreover Brian borroweth the Sophister's verse, and maketh it a Ground to try whether an issue tendered be an express Negative or no, in 11. Hen. 7. 23. a.  
Prae contradic. post contrar. Prae postque Subalter.  
This likewise is derived thence, Negativum nihil implicat.   

Out of natural Philosophy these with diverse other are deducted, that follow.  
VISUS unita sortior. 
Grounds borrowed out of natural Philosophy.   
Est naturae vis maxima.  
Vltra posse non est esse. 
Com. 307. a. Com. 307. a. Com. 72. b. Com. 268 a. Com. 294. a 8. Ed. 4. 10. a.   
Sublata Causa tollitur effectus.  
Vltra scire non est esse with many other of like quality.   

Out of Moral Pihlosophie.  
FRom whence, as from a Fountain, all Laws 
Grounds borrowed out of Motrall Philosophy.  do flow, we do observe these few following for an example; As  
Qui sentit Commodum, sentire debet & onus. 
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. Come 160. b. Com. 370. b.   
Volenti non fit Iniuria.  
Sic utere tuo ut alienum non laedas.  
Fraus & dolus nemini patrocinantur.  
Agentes & Consentientes pari poena plectuntur.  
Summum Ius Summa Iniuria.  
Vix ulla Lex fieri potest quae omnibus commoda sit: sed si maiori parti prospiciat, utilis est.  
A vero non declinabit justus. 
Com. 48. b.   
Quod tibi fieri non vis, alterine feceris, with many more such like.   

Out of the Civil Laws there are also very many Axioms and Rules.  
Which are likewise borrowed and 
Grounds borrowed out of the Civil Law.  usually frequented in our Law. For sith all Laws are derived from the Law of Nature, and do concur and agree in the principles of Nature and Reason: And sith the Civil Laws, being the Laws of the Empire, do bewray the great wisdom whereby the Roman estate, in the time it most flourished, was governed: Sith likewise the Law of this Land hath always followed best and most approved Reason (which is also a type of humane wisdom) it doth ensue of necessity, that great Conformity must be between them. Which Conformity may be made apparent partly by these (among some thousand Axioms and Conclusions of Reason) following.  
Qui tacet consentire videtur.  
Vigilantibus & non dormientibus Iura subveniunt. 
Com. 357. b. 5. Hen 3. 222.   
Quod initio non valet, tractu temporis non Convalescit.  
Quando duo Iura in uno Concurrunt, aequum est 
Com. 168. a.  ac si esset in duabus.  
In aequali iure, mclior est Conditio possidentis. 
Com. 296 b.   
Optima Legum Interpres est Consuetudo. 
Com. 336. b.   
Frustra Legis auxilium petet, qui in Legem peccat.  
Ignorantia facti excusat. 14 Hen. 8. 27. b.  
Modus Legem dat donationi. 
Com. 251. a.   
Non est regula quin fallat. 
Com. 182. b. 1. Hen 3. 33. 〈◊〉.   
Modus & Connentio vincunt Legem.  
With others in manner infinite, written and published in the Latin 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 usual in the Civil Laws, and there published in the Latin-tongue, whereof also these following may serve for example.  
Nul prendra benefit de sontort demesne. 
L. verum. §. tempus: fitz. pro soc. L. sedes de rescript. L. bona fides ff. de Reg. juris.   
Nemo ex dolo suo proprio relevetur aut auxilium capiet.  
Homo ne sera double charge pro une mesme duty.  
Bona fides non patitur idem ab eodem bis exigi.  
Auxy moult authorities & voys que home ad a fair un fait auxy mult auctorities & voys add cesty a qui le fait est fait a ceo dessoluer. 1. Hen. 7. 16. a.  
Nihil est magis Rationi consentaneum quam eodem 
L. nihil ff: de Regul juris. 13. Hen. 8. 16. 〈◊〉. in fine.  modo unum quodque dissoluere quo constatum est.  
Le Common wealth sera prefer devant private wealth.  
Vttlitas Publica privatorum Commodis ante-ferenda. L: 1. §. fin. & cap. col.  
Le ley in cheseun act ad respect all comencement: 
Com. 260. a. Hall's case.   
Origo rerum attendenda.  
Imagination de mente de fair tort, sans de Act 
Com. 259. b. Hall's Case  sait, nest punishable in nostre Leg.  
Affectus non punitur nisi sequatur effectus. Prateus 
Com. 160. b. Throgm. Case.  Lib. 3. c. 4.  
Intent direct done plum tossed quam parols.  
Proferent is intentio & voluntas magis quam verborum locutio examinetur. Prateus lib. 3. cap. 3.  
Quant diuers choses sont fait a un mesme instant, 
Com. 504. b.  & lune ne poet prender effect sans l'auter; le common ley adiudger ceo depreceder & ensuer, que aptment: do't 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 juris 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 observe the same: Yea many times when as no ground or Rule is expressed in our Law, but that we may only Collect Cases Concurrent upon some Conformity of Reason: We shall find in the Civil Laws a Proposition or Rule which shall most aptly and most fitly express the same Reason in such shortness of speech, as nothing shall seem more sufficient in that respect. And unto the which Propositions such as are or may be framed by us in the French, cannot in excellency be worthily Compared.  
As touching the Canon Law. Forasmuch as the 
Grounds borrowed out of the Canon Law.  studies both of the same and of the Civil Law, are in sort conjoined by the professors of both what may be said of the one, in this respect, may likewise be verified of the other: Which aswell by view of the title De Regulis juris in Sexto Decretalium, as also in diverse other titles of the same Law, especially in such as are most usual for matters of debate in this Realm, as are those of excommunication, Marriage, Divorce, Legacies, Tithes, and such like will at large appear.  
Finally many Grounds and Rules of the Laws 
Grounds derived from use, Custom, and Conversation of men.  of this Realm are derived from Common use, Custom, and Conversation among men, Collected out of the general Disposition, nature and condition of humane kind: which Grounds are of two natures. The one observed out of Human actions, the other out of usual and ordinary speech.  
(Principia externa propriè vocamus ea quae in Communi hominum vita versantur & ab experientibus & prudentibus animaduertuntur. joh. Hopper: de juris arte.  
Haec non tam ex ipsa hominis natura quam foris adveniunt, debent que non ex ment hominis aut animo, sed ex Communibus vitae moribus longo usu & tractatione colligi. Ibidem Haec sunt igitur illa quae dico externa Principia, quae ex communibus vitae usibus & 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. 
Com. 5: 5. a. Paramour. Manxel. 6. a. b.   
Le inclination de touts homes est de faire ou parler choses pour lour gain & inent pour lour perde: Et deceux que voilent gabber, de gabber pur advantage. Est le propeitie de nature de preseruer luy mesme. 
Com. 261. a. Hallsc●s. 8. Hen. 6. 19 b. Per. Martin.   
Quant home est party, ilne poet esse judge indifferent a luy mesme.  
With many other of like quality, which the intendment of the Law deriveth and collecteth out of the usual Condition nature, and quality of things upon the probability and likelihood of occurrences often or for the most part happening and falling out.  
Axioms or Propositions of the second sort, are 
Proverbial Grounds. Proverbium vulgò interpretatur probatum verbum, cum dicatur quasi Commune omxium verbum. Proverbia verò citata, instar iurium baberi tradium est. L. solent. F. de officio Procurat. Sim. Sbardius Lexicon juris. Com. 280. a.  drawn from the phrase of speech, and deduced from the ordinary manner of Conference by talk among men most usual in all places, As are the Common and ordinary Proverbs and Proverbial assertions, and such like; the which, as well by reason of their ordinary and often use in talk; as also for their probability and likelihood of truth, have been sometime used as Axioms, Principles, and Grounds of the Law; and are to be found confirmed with many Cases, having been used as reasons in the same: Whereof these few ensuing may serve for example.  
Da tua dum tua sunt; post mortem, tunc tua non sunt.  
Qui ambulat in tenebris, nescit quò vadit. 
Com. 173. a.   
Necessitas non habet Legem. 
Com. 18. b.   
As good never the whit as never the better. 
29. Eliz 356. a.   
Let him that is cold blow the coal. 
14. Hen. 8. 23. a.   
One to beat the bush and another to take the birds.  
With many other such like speeches, which although they are of small moment, being every where ordinary; yet nevertheless for the perspicuity and plainenesle, they have heretofore, at some times, in Law arguments been used, and fitly applied in debate of cases (although not ad probandum, yet ad illustrandum) and so likewise may at any time hereafter, upon like occasion offered, without blame be frequented.  
Although these general Positions, Maxims and Rules proposed, and such like, cannot be properly reduced (as is aforesaid) under any one peculiar title of the Law extant in any abridgement, table, or directory; yet nevertheless may they be brought under general titles or common places, to be framed of purpose, As hereafter in place more convenient shall be declared.  
And thus much therefore of general Grounds or Maxims.  
Now followeth to speak of such as are to be reduced 
Maxims appliable only to one title.  under one particular title, tractate or matter of the Law, serving to no other use, but only do concern the said special matter, and cannot be transferred thence, neither may properly serve any other than their native place, unto the which they are wholly and alonely to be referred: As for example.   

Under Grantes these.  
Quandoaliquis quid concedit, & id etiam concedere 
T. E. 1. Fitzb. Grantes. 36. Ass. p. 3.  videtur, sine quo res concessa esse non potest.  
Grant sera prise plus fort vers le Grauntour etc.   

Under 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 party 
17. Ed. 4. 1. a.  soit agree.   

Under Prerogative these and such others.  
Nuslum tempus occurrit Regi. Com. 243. a. 261. a. 321. a.  
Le Roy ad auxy un Prerogative en le forme de brefs 
Vide 18. Ed. 3. 2. a.  port per luy, different de Ceaux que common person ad, etc.   

Under Deeds these.  
Fiunt al aliquando Donationes in scriptis, sicut in 
Bracton lib. 2. c. 16 fol 33. b. 14. Hen 8. 22. b. Brudnel. Vide Litt. 18: 21. Hen. 7. 37. b.  chartis, ad perpetuam memoriam, propter brevem hominum vitam & ut faciliùs probari posit Donatio.  
Chooses incident que per leur mesme ne potent estre grant sans fat, uncors ils passeroni oue le principal a qui sont incident sans fait. With diverse other in every title of the Law of like effect.  
These special Grounds are of diverse sorts: for 
The diverse kinds of Grounds which do concern one title.  some concern the very nature and essence of the title: some the consequents and incidents annexed thereunto. Those which do concern the nature of the thing, do flow from some of the causes thereof, as the Material, the Formal, the Efficient, or the Final. Some from the general notion; others from the special difference; and some do proceed from the effect. Those which do proceed of the consequents, concern either the Incidents inherent and inseparable, or the adjuncts and such like.  
Which Grounds so drawn, if they be orderly disposed with all their subdivisions, 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 Pleas of the Crown, and others of like form.  
But in this place not intending to combine any 
Arbitrement.  such Grounds as do concern one title or matter, or thereof to endeavour to draw a type of any perfect treatise, it shall be sufficient at this present, for example only, to express that which is here meant, by the disposing of some few Grounds of the title of Arbitrement, according to the observation above mentioned, that thereby might be conceived, 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 certain obtaining of knowledge in observing this, or the like course to this hereafter following.  
First although we find not an Arbitrement to be defined in any report of our Laws; yet nevertheless Rastall in the small treatise of the Terms of the Law, thereof yieldeth this description.  
Arbitrement est un award, determination, ou 
Arbitrement Quid.  judgement, quell plusiors font all request de deux parties almenis, pur, & sur ascum debt, trespass, on outer controversy ewe perenter les dits parties. But more artificially it may be described out of the Civil Law thus:  
Arbitrium est Arbitri sententia sive judicium inter controvertentes; privato consensu, non autem publica interveniente authoritate, datum.  
Out of the books of Reports of the Laws of this Land this full description may be drawn.  
An Award is a judgement 8. Edw. 4. 1. 8. Edw. 4. 10. a. 21. Edw. 4. 39 a. given by such person or persons as are elected by the parties unto the controversy, 9 Edw. 4. 43. b. Fairfax. 16. Edw. 4. 9 a. for the ending and pacifying the said controversy. 8. Edw. 4. 10. a. 19 Hen. 6. 37. b. Askewe. according to the compromise and submission. 19 Edw. 4. 1. a. and agreeable to reason and good conscience. 19 Hen. 6. 37. a.  
Touching the Etymology or notation of the 
The Etymology.  names thereof, it seemeth to be called an Arbitrement, because the judges elected therein, may determine the controversy, not according to the Law, but Ex boni viri Arbitrio. Or else perhaps because the parties to the controversy have submitted themselves to the judgement of the Arbitrators, not by compulsary means, and coercion of the Law, but Ex libero Arbitrio suo, of his own accord. It is called an Award of the French word Agarder, which signifies to decide or judge. It is in the Saxon or old English sometime called a Loveday, for the quiet and tranquillity that should ensue thereof, and for the ending of the cause which is wrought thereby.  
The Material cause whereabout it is conversant, 
The Material cause.  is the controversy, which  
1 First may be either action, suit, quarrel, or demand; and the  
2 Second that, concerning duty or demand, either personal, real or mixed, or every of them.  
The Formal cause is, the form and manner of the 
The formal cause.  Award, or the yielding up of their judgement, according to reason, intent and good meaning.  
The Immediate efficient cause, is the Arbitrator 
The efficient cause.  or Arbitrators.  
The Mediate efficient cause, is the compromise or submission, and the parties at variance, being also parties to the submission. Wherefore for the more brevity we will discourse of every of these last recited, when we shall discover the power of the Arbitrator.  
The final cause, is both to appease 
The final cause.   
1 First the debate and variance so risen between the parties, and compremitted; and also to reduce  
2 Secondly that which was before uncertain, unto a certainty.  
So that by these you see, that those five things which are found to be incident to every Award, viz.  
1 First matter de controversy.  
2 Submission.  
3 Parties all submission.  
4 Arbitrators and  
5 Tender sur del judgement, spoken of in 4. Eliz. Dyer 217. a. are here reduced into a methodical consideration of the causes of every Award, seeing indeed, they and no other are the very causes of the same.  
The Genus or general notion of the former description, 
Genus.  is, that it is a judgement.  
The special difference whereby it is distinguished 
Differentia.  from other judgements, and expressed in the said description, is, that it is given by judges elected by the parties, and not by coercion of the Law.  
The effect is, when it concerneth any payment of 
The effect.  money, to alter, change and make the controversy transire in rem iudicatam, and thereupon to give action for the sum awarded.  
If it do determine any collateral or other matter 
2  then payment of money to be made or done, then is it not compulsary to constrain the parties to perform it; but every of them is restored to his former action. Except the compromise or submission be by deed; and so therein it resteth wholly upon that security by bond, covenant, stature, or recognizance, by the which the parties comprimitted themselves.  
The Adjunct, is the performance thereof and the 
The Adjunct.  manner how, which whether the Award be performed or not, it maketh nothing to the nature and substance of the Award itself. But nevertheless such performance of the Award is a requisite consequent annexed to the consideration of the nature of an Award.  
These the general causes of an Award thus considered; next followeth the consideration of the Grounds that flow from every of them.  
From the Material Cause which is the Controversy, 
Material cause  these Grounds or Rules are deduced.  
In Real matters quo Concern frank tenement, 
Real Matters  Arbitrement ne lia, le title, ne done ceo. 14. Hen. 4. 19 a.  
In matters of Realty which Concern freehold, an Arbitrement doth neither give title nor bind the right.  
In Real Actions, un Arbitrement nest plea. 
Real Actions Mixed Actions.   
In Mixed Actions, Arbitrement nest plea; Si non que le Comprimise soit per fait. 19 Hen. 6. 37. 6. Newton.  
In Personal Actions sur Personal torts, Arbitrement 
Personal Actions.  est Plea, comment que le submission ne soit per fait. 14. Hen. 4. 24. b. Ravish guard. 
Real Chattels   
In Controversy concernant le propertie de Real Chattels, un Arbitrement transfer property de ceo accordant all agard 21. Hen. 7. 29. b. 
Personal Chattels.   
In Chattels Personal, Arbitrement transfer property.  
In Personal duty ground sur speciality, Arbitrement 
Personal duty.  nest available. 3. Hen. 4, 1. b. 8 Hen, 5. 3. b. 
Matters de Record.   
In Controversy ground Sir matter de Record, Arbitrement ne sera regard. 6. Hen. 4. 6. a. 8. Hen. 5. 3. b. 4. Hen. 6. 17. b. 
Duty in certain.   
Arbitrement do't este de Duty inent certain. 6. Hen. 4. 6. a. 2. Hen. 5. Fitzh. 23. 4. Hen. 6. 17. b. 10. Hen. 7. 4. a. 
Dett.   
Controversy 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 altar chose mice en Conprimise 
Debt.  Arbitrement sera bone. 2. Hen. 6. Fitzh. Arbitrement 23. 4. Hen. 6. 17. b. 10. Hen. 7. 4. a.  
debt sur Contract sans speciality, per le resolution 
Dett.  de ascuns livers poet ester mice en Arbitrement. 45. Ed. 3. 16. a. 6. Hen. 4. 6. a 4. Hen. 6. 18. a.  
These with diverse other grounds, do proceed, as we have said, from the Material Cause or Controversy.  
There resteth now to speak of such as do proceed 
Formal Cause.  from the Formal Cause.  
Every Award, as touching the form thereof, aught to have these four qualities.  
1. First that it be not of a thing impossible to be performed by the parties.  
2. Secondly, that it doc not ordain matter unlawful 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 understanding.   

As touching the first.  
1. Arbitrement ne doiet este de chose ou matter 
Impossible.  impossible. 8. Edw: 4. 1. b. Moyle. 8. Edw. 4. 10. a. Yeluerton. 19 Edw. 4. 1. a. Needle. 9 Hen. 7. 16. b. Keble.  
2. Arbitrement ne doiet este de chose encounter ley. 
Encounter Ley.  19 Edw. 4. 1 a. Needle. 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 remembered, being generali, containeth therein many special Rules under it; whereof some do follow.  
Arbitrement doiet este tiel que les parties poient performer 
Satisfaction.  sans le assistance de ascunes auters quenx ils ne poient compela ceo fair & 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 
Assistance des auters.  tiels estrangers a ceo performer, le Agard est assets bone. 17. Edw. 4. 5. b.  
Arbitrement g'le party fair vn judicial Act est 
judicial Act.  bone, comment que il ne poiet ceo perform 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 etc.  
Chascune Arbitrement que ne import satisfaction deal 
Satisfaction.  tort que est mice in compromise, 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 General: Wherefore it shall be expedient to divide it by the particular Circumstances of cases unto more especial propositions, together with their several Exceptions to be set down in manner following.  
Arbiterment in tiel manner, que pur ceo que un des 
Redeliverie desbiens.  parties ad les Chatells delauter, que il eux redelivera, 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 
Redeliverie des biens.  deliver poet aver ascun benefit, per tiel delivery 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 un party avera un parte del 
Parte del Chose.  chose compromise, & Sir que le controversy fat, & l'auter party l'auter parte est void. 45. Edw. 3. 16. a. 10. Hen. 4. fitzh. Arbiterment. 19  
Arbitrement que le partie paiera part de sadett, 
Part del Chose  est void. 45. Edw 3. 16. a.  
Arbitrement sur matter de debt, sils agard que le parties indebted payera plus que il doit in recompense 
Plus que il doit.  del dit dett ceo est void. 9 Hen. 7. 16. b. Keble.  
Arbitrement que cesty que est Suppose daver fait 
Gager de Ley.  trespass, faira de ceo son Ley, et sur ceo sera discharge, nest satisfaction all altar, 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 
Entermariage.  9 Edw. 4. 44. a. Chock.  
Arbitrement que un des parties que est in arrearages 
Accomptera  in account accomptera all altar, ceo nest satisfaction. 30 Hen. 6 Fitzh. Arbitrement. 27.  
Arbitrement que les parties fera act a tiel iour, & devant que le agard est perfect, le iour est pass till 
jour pass.  agard nest bone. 8. Edw. 4. 11. a. 8. Edw. 4. 22. a.  
Arbitrement que refer le feasance deal chose ou altar matter a tiel chose que nest in Rerum natura; tiel 
Non in Rerum Natura.  Arbitrement est void. 21. Edw. 4. 40. a. 9 Edw. 4. 44. a. 39 Hen. 6. 10. a.  
Having thus showed the Circumstances of certain Arbitrements, which have been taken to be against reason, sounding to no satisfaction, and therefore void: Now resteth to be showed certain Circumstances, in Arbitrements agreeable unto Reason, 
Reasonable.  and imparting satisfaction, and therefore deemed good.  
Arbitrement do't este equal in respect d' Ambideux 
Equal.  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 diverse dune parties, & dauter eux submit all 
Enter ascunes Parties.  agard, & le Arbitrement est, que lune de lune partie paiera a un auter de lauter party tant, Sans rien parler des auters; ceo est bone agard, pur ceo que poet este que le auters naveront cause daver ascun chose. 22. Edw. 4. 25. b.  
Arbitrement pur ceo que les torts fait per les parties 
Quit.  chescun a lauter sont equal seront quit Chescun verse 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 une des parties sera quit verse lauter, 
Quit.  et que cesty altar 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 all altar quart de rind, 
Petit. Recompense.  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 un des parties paiera 
Grenider value que le tort.  grenider sum in value que le tort est que il ad fait, uncore le agard est bone, & ceo gist in discretion des Arbitrators. 8. Edw. 4. 21. Chock.  
Arbitrement, que chescun release a lauter, est. 
Release.  bone. 9 Edw. 4. 44. b. Danby.  
Arbitrement que lune release tout son droit in tiel 
Release.  terre est bone satisfaction. Si cesty a que le release sera fait soit in possession del terre etc. Et ceo appiert per le agard. 9 Edw. 4. 44. b. 21. Edw. 4 40. b.  
Arbitrement que lune party done all altar tell chose, comment que le party nad tell chose vn core est le agard 
Doue● ceo que il nad.  bone, et il doit provide ceo. 19 Edw. 4. 1. a. Needle. 9 Hen. 7. 16. a.  
Arbitrement bone in part, et void in part. 19 
Bone parte  Edw. 4. 1. a.  
Arbitratours' poient ordain act deste fait in lour 
Security del Agard.  agard pur le meliour security del performance de ceo, come obligation. 8. Hen. 6. 18. b. Newton. 19 Hen. 4. 1. a. Chock.  
Chescune Arbitrement do't este plain, et certain 
Certain.  in sense. 8. Edw. 4. 11. a. Pigot.  
Arbitrement est chose entier. 18. Edw. 4. 23. a. Brian. 
Entire.   
Thus much touching the Matter and form of Arbitrements and the Axioms, Grounds and Rules deduced from the same: Wherein we have not expressed every Rule that might be found in the books or collected thence, tending hereunto Neither are these Axioms or Propositions here put down, furnished with all those cases, that mighe be thereunto applied. For, not intending to express the type of any treatise of this title; but only a Methodical Abstract or Directory, that which is here exemplified in part may be sufficient to express our meaning before declared. But to proceed.  
The Efficient Causes, and the Rules drawn from 
Efficient Cause.  the same do: come next to consideration.  
The first whereof is the arbitrator. Of whom the Author of the Institutions of the Canon Law 
johannes Paulus Lancelottus. Arbitrator Quid.  giveth this description. Arbitri dicuntur proprie, qui (nullam potestatem habentes ex lege) consensu Litiganttum in judices eliguntur: in quos compromittitur, ut eorum sententiae stetur.  
Out of the books of the Common Law, a description of an arbitrator may be thus Collected.  
Vne Arbitratour est judge private, 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 billing. Et de arbitrate et adiudge selonque lour bone intent. 19 Hen. 0. 37. a. Paston.  
Since in the Award itself, the Law requireth such qualities, there hath not been made many nor scarce any question, who may be an arbitrator and who not: Neither (considering what hath been said touching the form of an Award) should it be greatly necessary. Therefore we will proceed respecting in the arbitrator these three things.  
1. First his Ordinance, from whom it is.  
2. His Authority, what it is.  
3. His Duty wherein it Consisteth.  
Touching his Ordinance, he is ordained by these 
Ordinance.  two things.  
1. First by the Election of the parties. 20. Hen. 6, 41, a.  
2. By his own undertaking of the Charge. 8. Edw. 4, 10, a.  
billing.  
Touching his Authority, what it is. 
Authority   
1. First it is derived from the Submission; and extendeth no further.  
2. Thereby he is a judge between the parties.  
3. And therefore he cannot transfer his authority over to any other.  
Touching his Duty, it consisteth in these three. 
Duty.   
1. First to hear the grief of the party.  
2. To judge according to equity.  
3. To notify their Award.  
First therefore concerning the election of the Arbitratours by the parties to the Controversy 
Election of the arbitrator.  (which ought likewise to be parties to the Submission) there is first of all to be considered, what persons may by the Law submit themselves to an 
Queux persons poient eux submitter all agarde.  Award made by others, and what persons cannot.  
And therefore,  
Si une des parties submit luy a une Arbitrement 
Deputy.  dune part, et Depute del altar part in nosme del dit altar party: Arbitrement Sur ceo fait per enter eux, semble bon. 4. Eliz. 217. a. 60.  
Le Baron poet luy mesme submit all agard pur luy 
Baron & feme.  et sa feme pur chattells des queux il addle disposicon in droit, et per reason de sa fem, et ceo Liera la feme. 21. Hen. 7. 29. b.  
Si enfant submit luy al une agard, il sera lye de ceo 
Enfant.  performer cy bien come home de plein age. 13. Hen. 4, 12, a. 10. Hen. 6. 14. a.  
Si diverse dune part ont fait tort a un altar, & cesti 
Ascuns des parties.  a qui le tort est fait, et un de les auters submit eux all agard, de cest agard fait les auters nient parties all submission averon advantage in extinguishment del tort. 7. Hen. 4. 31. b. 20. Hen. 6. 12. a. 20. Hen. 6. 41. a.  
Si diverse del une part submit eux mesmes all agard 
joint et several.  the certain persons, & diverse del altar part: Les Arbitratours ont power de fair agarde pur matters enter eux jointment, & issint pur matter enter eux severalment. 2. Rich. 3. 18. b. vide 21. Hen. 7. 29. b. Com. Dalton. 289. b.  
Si diverse del une part & de altar submit eux al agard 
Ascunes des parties.  del une, que fait agard perenter ascunes dune party, & ascunes deal altar 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 do submit themselves unto an Award, and which make an election of the Arbitratours. Now followeth 
Undertaking the Award.  that somewhat be also said as touching the undertaking of the charge of the said award.  
Si le arbitrator protest, que il ne voile meddle 
Deal parcel.  ave tout ceo que est commit a luy ou conteyne en le submission ou sil fait agard tantum del parcel, 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 
parcel.  que le dit gard soit deliver devant tiel iour: une Arbitrement de parcel nest bone 4 Eliz. 217. 60. 7. 8. Eliz. 243. b. 52.  
Mes uncore, si le submission soit que ils estoieront all 
parcel.  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 been said of the taking upon them of the charge of the Arbitrement.  
Now resteth it likewise to speak of the Authority of the Arbitrators themselves: which is, as before is declared, grounded upon the submission.  
The submission or compromise therefore out of the Civil Law, is thus defined.  
Compromissum est simultanea illa partium promissio, 
Compromise on submission.  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 covenant.  
Which obligation is either of Record, as a Recognizance, or by deed between the parties.  
And this Submission by writing, or by word is either absolute, or conditional, so that the Award be delivered by a certain day, or such like.  
Wherefore inasmuch as the authority of the arbitrator is deduced from the submission, it followeth that,  
Le Arbitrement que est fait de chose inent contain 
Nient contain in submission.  in le submission, est void, 7, Hen. 6, 40, b. 19, Hen. 6, 38, b. Forsc. 9, Ed. 4, 44, a. Chock. 19, Ed. 4, 1, a. Needle. 7, 8, Eliz. 242, b, 52.  
Mes si le submission est de choose personales Arbitrators 
Nient contain in le submission.  poient agard, que un des parties fera act que est de chose real in satisfaction deal personal tort. 9, Ed. 4, 44, a, Brian.  
Si le submission soit de chose real, les arbitratours 
Real.  poient agard satisfaction deste fait de chose personal, 9, Ed. 4, 44, a, Brial.  
Si les arbitratours agard, que un des parties fera 
Estrangler.  act all estranger, come feoffment, 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 
Incident.  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.  
Upon this authority given to the Arbitrators by the submission, to deal in manner as aforesaid, in things touching the same submission.  
It ensueth also secundarily, that  
Le Arbitrator est un judge perenter les parties, 19, 
judge.  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 judge cannot transfer that his judicial authority to any other.  
And therefore,  
Si le Arbitrement soit, que les parties estoiera all Arbitrement 
Estranger.  don 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 devent 
Estranger.  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 
Estranger.  le Agard dune altar devant 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 
Advice.  per le Agard sera fait per le advice & counseil d'une altar 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 Advice 
Adul●.  deal arbitrator mesme apres le Agard rendu sur tel Agard nest bone, 19, Ed. 4, 1, a, Chock.  
Si les parties eux submit all Agard de certain persons, 
Vmpier.  & sil ne poient agree, donque all ordinance don altar come umpire si les Arbitratours font agard de parcel, umpire ne fera agard del altar parcel remnans, 39, Hen. 6, 10, a, b.  
Mes si le submission soit tiel que le umpier fera Agard 
Vmpier.  del tout ou part, donque il poit fair Agard de cest part, ovesque que les Arbitratours navont 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 
Duty.  & mre lour grieues.  
1 Et le Arbitratour doit eux oir.  
2 Et solonque ceo adjudge, ou auterment il nest bone judge, 8, Ed. 4, 10, a, billing.  
Those which affect the Method of Ramus (that is to begin with the efficient cause, as here, with arbitrator) rather then that which is usually prosecuted by the Interpreters of Aristotle (namely to begin first with the matter and form, which we hitherunto have endeavoured to follow) may here add to, the second part of the duty of an arbitrator (that is, to that which hath been here said of this judicial Authority and judgement) as much as hath been before, first of all, showed by us, touching the Material and Formal causes and the Grounds and Rules incident thereupon.  
But nevertheless, 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 provided for and ordained by the submission itself; or else it is left and permitted to the discretion of the arbitrator.  
If it be provided 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 certain day or time, or else without limitation of any time.  
As concerning therefore the delivery of the Award, their is to be noted; that where such provision is made of notification by the submission, that then;  
Arbitrement nest Arbitrement devant que il soit 
Pronounce.  pronounce. 8. Edw. 4. 21. b. Chock.  
Lou per le submission est ordaine ou provide condicionalment, 
Delivery de Agard  que le agard soit deliver, ceo nest ascun Arbitrement in ley devant que il soit deliver in fait. 8 Edw. 4. 11. Yeluerton. 8. Edw. 4. 21. a. Chock. vide. 1. Hen. 7. 5. a. 37. Hen. 8. Browne, Conditions 46.  
Mes si le submission soit que le agard sera delivere 
Delivery.  all parties etc. devant un iour hoc petentibus, mes nul certaine iour limit quand doit este deliver les parties doient prender notice del agarda lour peril. 8. Edw. 4. 1. 8. 21. etc.  
Si diverse d'un party & diverse de altar party submit 
Delivery.  eux all Arbitrement de un altar, provise, que il soit deliver all parties, ou a un de eux: ne besoign all arbitrator a deliver ceo a ambideux del un party ou a un de chacuns party: mes suffist si soit deliver all aseun des dits parties 4. 5. Eliz. 218. b. 5.  
Si le submission soit que le Arbitrement sera deliver 
Delivery.  Devant 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 deliver 
County et lieu del delivery.  ceo poet este fait in un County, & deliver in altar County. 5. Hen. 7. 7. a.  
Si le submission soit per fait, & le temps pas in que 
Temps.  le Arbitrement do't este fait, les parties ne poient proroge le temps ouster pur fair le agard sans novel submission a tell extent. 49 Edw. 3. 9 a.  
Mes si le submission soit sans fait, les parties poient 
Temps.  prorogue le temps que fnt done pur fair le agard. 49 Ed. 3. 9 Fitzh. agard. 22.  
Si les Arbitratours font lour agard per enter les 
Temps.  parties un iour, ils ne poient fair altar agard per enter les parties un auter iour, comment 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 un temps, et 
Temps.  part all altar, comment 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 
Temps.  mesmes, & agree sur un chose un iour, & de aute chose altar iour, & in le fine fair une entire agard de tout: Et ceo est bone. 47. Edw. 3. 21. a. 39 Hen. 6. 12. a. Danby.  
Si Arbitratours agard un chose de une part, & 
Temps.  devant que ils poient agree de lour agard del remnant, le temps done par le submission expire; tout lour agard est void. 39 Hen. 6. 12. a Prisot.  
But if there be by the submission no order taken for the Delivery or Publication of the Award;  
Then  
In honesty & Conscience le Arbitratour est tenus 
Notice.  de fair notice all parties de ceo. vide. 8. Edw. 4. 10. a. billing. vide. 8. Edw. 4. 2. a. b. Markham.  
Mes in rigore juris l'arbitrement mesme est intent 
Notice.  chose Notorious. 8. Edw. 4. 1. b. Chock. 8. Edw. 4. 21. b. Chock.  
Et per ceo.  
Parties all Arbitrement sont tenus de prender notice deal agard a lour peril. 8. Edw. 4. 1. 8. 21. 18. 
Notice.  Edw. 4. 18. a. 1. Hen. 7. 5. a.  
Coment que les Parties ne sont daver Notice done a 
Notice.  eux de L'arbitrement, uncore si les Arbitratonrs agard que un des parties fera act que depend sur altar primes deste faite del altar party, de ceo il aver notice 8. Edw. 4. 21. b. 20. Edw. 4. 8. b. Sulliard.  
Hitherto hath been said of such matters where the Arbitratours have executed their Authority without control of the parties: But if, before any Award made, their Authority shall be Lawfully Countermanded. Then doth there remain in this place to be considered.  
1. Whether such Countermands 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 parts 
Country 〈◊〉  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 donor Notice all 
Countermand.  Arbitratours deal dit discharge. 8. Edw. 4. 10. b. Markham 8. Edw. 4. 12. a. Lakyn.  
Mes si diverse d'vn part & divers d'auter party 
Countermand.  eux submit all Arbitrement sans fait, un del une parte ne poet discharge le Arbitratour sans les auters son Compagnons de mesme le party. 28 Hen. 6. b.  
Mes si le submission soit per fait un des parties ne 
Countermand.  poit Countremaund les Arbitratours. 49 Edw. 3. Fitzh. Arbitrement 22. nient in le liver a large. 5. Edw. 4. 3. b. 8. Edw. 4. 11. b. Pigott.  
The last cause of the four before remembered 
Regule a causa finali.  being the Final Cause (that is) the end and scope wherefore men do submit themselves unto the Arbitrement and Award of any person, consisteth upon two things.  
1. Chacun Arbitrement est a fair final determination & de appeaser le strifes, debates & variances 
Final determination.  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 incertain 
A reducer incertainetie all certainty.  a une aertainetie & nemy a reducer un certainty in altar certainty 6. Hen. 4. 6 a. Hankford. 4. Hen. 6. 17. b. Weston. 10. Hen. 7. 4. a.  
Thus much hath been said as touching the Causes.  
Now as concerning the Genus or General Notion in the former definition of an Arbitrement, It is to be considered, That  
Chescun Arbitrement est un judgement. 8. Edw. 
judgement.  4. 1. b. Fairefax. 8. Edw. 4. 10. a. jeney. 21. Edw. 4 39 a. Vavasour.  
Because the special difference used in the said former definition of an Award, was this, That it was given by judges elected by the parties and not by Compulsary jurisdiction of the Court, thereof ensueth, that  
Il est diversity lou home est judge per authority 
Intent deal Arbitrator.  del ley, & per Election del party mesme: Car Iudge de Record ne donor judgement verse les parties, sinonque ils sont appells devant eux per process del ley: Mes autrement est don arbitrator que est judge per enter les parties. 8. Ed. 4. 2. a. Illing sworth.  
Of this also ensueth, that whereas every judgement of Record shall be executed literally, according to the warrant issuing out of the Record, upon and for the executing of the said judgement; Yet nevertheless.  
Chescune Arbitrement doit este expound et intent 
Intent.  accordant all 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: 
Intent.  donque les parties ceo performera accordant eux parols in tiel sense 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 Controversy transit in rem 
Transition in rem judicatam.  judicatam. 49. Edw. 3. 3. a. Hanmer. 20. Hen. 6. 41. a. Paston. 9 Edw. 4. 51. a. Danby. 6. Hen. 7. 11. b. Hussey. Come fogassa. 6. a.  
Et pur ceo  
Lou le party port action pur le tort a luy fait, est 
I●rnient venu par pay se money.  bone Plea que il eux submit all 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 monster 
jour de payment  que il tender les deniers al iour, & que il est uncore priest. 8. Hen. 6. 25. b. Martin. 16. Edw. 4. 8. b. Pigot. 
Vncore priest.   
Car,  
Arbitrement per que les Arbitratours agard, que 
Dene action.  un 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 brevium H. 121. que. 6. Hen. 7. 11. b. Hussey. 9 Edw. 4. 51. Danby.  
Et si les parties ne perform L'arbitrement, le parte 
Restore all primer action.  est restore a son primer action. 49. Edw. 3. 3. a.  
Mes uncore est a son Election de aver Brief de debt 
Restore all primer action.  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 
Determine.  ousterment determine 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 un des parties 
Double Action.  paieratant des deniers, Et chacun de eux est, oblige all altar pur estoier all agard le party avera action sur le agard, & auxy le fait si agard ne soit perform. 21. Edw. 4. 41. b. 33. Hen. 6. 2 b.  
Si le submission soit per paroll & Arbitrement soit que un des parties fairont un collateral act, altar que 
Collateral matter.  payment des deniers, ceo ne done action, & si ne soit execute in fait et satisfy, 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 un 
Collateral matter.  Collateral act soit agard deste fait; si ceo ne soit perform, le obligacion sera forfeit. 9 Edw. 4. 44. a.  
Thus much touching the effects of an Award.  
A Consequent thereof is, the Performance; wherein we are to Consider, That.  
Les Parties doient faire tout ceo que in eux est ceo 
Performance.  perform. 21. Edw. 4. 39 b. Fairfax.  
Si per le Arbitrement soit agard que un act sera 
Assistance.  fait le quel home poit performer, in deux manners lun voy per luy mesme, et per l'auter voy il doit aver l'aide d'un altar person: le party doit ceo performer per tel meanes que il solement poit fair sans aid de l'auter. 21. Edw. 4. 40. b: Hussey.  
Arbitrement ne doit este perform in part, et in part 
Parte.  ne my. 6. Hen. 7. 10. b.  
Mes Coment que Arbitrement ne poet este fait per 
Parte.  les Arbitraetours, part a une temps, et part a altar temps: uncore ceo poit este perform part a un temps et part all altar. 8. Edw. 4. 10. b. Fairfax.  
Les parties averont Reasonable temps a eux allow 
Temps.  pur le performer, D'un agard, si nul temps soit limit. 20. Edw. 4. 8. b. 21. Edw. 4. 41. a. b. etc.  
Si le act que les Arbitratours agard que l'un party 
Primer Act.  performera, ne poit este perform, denant altar Act primes fait per lauter party, si cest partie ne fait le primer act, l'auter est excuse. 5. Edw. 4. 7. a.  
Arbitrement que l'un party patera money, & l'auter 
Tout 〈◊〉 〈◊〉  fera Relcas; ceo sera fait a un 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 perform son part  chacun doit perform son part de soubs le peril de L'obligation. 21. Hen. 7. 28. b. Reed.  
Si Obligation soit fait pur estoier all Arbitrement 
Void Award Quaere.  comment que le Arbitrement soit void in Ley, uncore ceo doit este perform, auterment le Obligation sera forfeit 22. Hen. 8. 46. b. Port. per Cur.  
Mes si action soit port sur tel void Agard, le Action 
Void agard.  ne sera maintain. 22. Hen. 6. 46. b. Port.  
Si le matter Contenus in le agard, & le matter 
Ane●ment.  contenus in le submissior. de que les Arbitratours doient agarder, differt in parols, ou in circumstance, les parties all Arbitrement ne seront receive in suit sur ceo de auerrer que tout est une. 7. 8. Eliz. 242. b. 52.  
Thus much hath been spoken concerning Arbitrements, their Causes, Effects, and Consequents.  
There resteth to accomplish our intended Method, that we add somewhat touching that wherewith an Arbitrement is compared, matched and resembled in the Book Cases.  
Wherefore know you that,  
Chacun Accord resemble un Arbitrement. 
Paria. Differentia.   
Vncore Chacun Accord doit este satisfy oue Recompense; et Accord ne done Action; leu deal altar part Arbitrement pur que les parties sont adiudge de paier deniers, done action; & ne besoique dests pledc, execute come devant 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 far forth for example sake, have 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 books of the Law concerning the same, and furnishing both these and them with as many Cases as might be applied thereunto; the same Cases being put at large under every of their Rules, to demonstrate that in particular, which the Rule includeth in general, the enterprise would prove (as I think) some show of a Treatise, concerning this Title.  
Which being no hard thing to accomplish, thereby would appear that it were neither impossible neither unprofitable, nor altogether unpleasant, to reduce every title of the Law particularly to a Method; and so consequently, the whole body thereof into a perfect shape, which now seemeth wholly without Conformity, and altogether dismembered.  
Wherefore now, as touching the Material Cause of Rules and Grounds, thus much said, may suffice.   

Formal Causes and Grounds of the Law.  
THe divisions of Grounds of the Law, as touching and concerning the form, are in sort 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 words, there are to be regarded these two qualities.  
1. First, Verity and  
2. Secondly Amplitude or Generality.  
Verity of Propositions or Grounds consisteth of two sorts: For they import either a necessary or known truth which cannot be impugned: Or Contingent Verity or Probability, which may sometimes notwithstanding their show of truth, be impeached of falsehood, and so be subject unto many exceptions:  
The former of these are called primary Conclusions of Reason. And the later Secondary Principles.  
1. Those of the first sort are such general assertions of the Law, as are imprinted in the mind of every Man, and discerned by the light of very Nature itself: which, as most certain and undoubted, need no Confirmation or fortification, but of themselves are most sufficiently known to be true and not impugnable: which the Philosophers do call, Primò & per se cognita; Communes animi Conceptiones & Notitiae, familiar to the Conceit of every person.   

Notes Collected touching the Verity of Principles.  
PRincipiorum. Alia sunt necessaria, Alia in rebus 
Arist. lib. Dem. cap. 25. T. 43.  contingentibus cernuntur. Axioma verum, est, quando pronunciat ut Res est.  

Axioma verum est, aut  


Contingens: 
Peter Ramus li. 2. dial. cap. 3.   
Necessitans.     
Necessarium Axioma, quando Semper verum est; 
Peter Ramus ibidem.  nec falsum esse potest. Vnde Aristoteles, Vera quidem sunt & perspicua ea, quae non ab aliis sed à 
Arist. Top. lib. 1. cap. 1.  seipsis fidem habent.   

De primis Principijs.  
PRincipia nihil aliud sunt quam Propositiones immediatae.  
Ego propria cuisque generis Principia appello, 
Arist. lib. 1. dem. cap. 8. T. 24.  quae, quod sint, Demonstratione probari non possunt: (Name, 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 
Arist. lib. 1. dem. cap. 2. T. 5.  Principium demonstrationis Propositio, quae ob id immediata dicitur, quoniam nulla est alia prior per quam ipsa Confirmari possit.  
Primaria principia dicuntur universalia quaedam 
10. Coras. de Arte juris. lib. Cap. 24.  juris pronunciata, quae omnibus hominibus ita sunt impressa naturaliter et infixa, ut, velut indubitata et notissima, non alia egeant Demonstratione, aut certè levi aliqua probatione Confirmentur.  
Vnde et Communes animi Conceptiones et Notitiae 
Ibidem.  appellantur quod suapte vi & perspicua sit et evidens 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 again to be remembered in this behalf, 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 universal Manner proposed, and with not a few in special set forth, As in Grants, as afore hath been declared.  
Quando aliquis quid Concedit, et id etiam concedit sine quo res concessa esse non potest.  
In Testaments.  
Testamentum est morte confirmatum. 
Com. Griesbr. 180. b.   
In Rents.  
Chacun Rent est issuant horse de terre.  
With exceeding many other of like nature to be found in every title or Tractate of the Law. The manifest truth and great Reason of which said Grounds is evident to every person of any judgement, and need no proof for demonstration and establishing of them.  
2 Secondary Principles, are certain Axioms, Rules, and Grounds of the Law, which are not so well known by the light of nature, as by other means: and which although they need no great proof to be confirmed; because they comprehend great probability; yet many times are they, at the first show, not yielded unto without due consideration: and are peculiarly known, for the most part, to such only as profess the study and speculation of Laws.  
Probable they are said to be, because, although 
Probabilia sunt qua probant, autoribus, aut plurimis aut certe sapientibus atque iis vel omnibus vel plurimis vel iis quo rum spectata est & perspecta sapientia.  the manifest truth of them be unknown, yet nevertheless they appear to many, and especially to wise men, to be true.  
And of this sort in the Laws of the Realm there are so many found, that some men have affirmed, that all the Law of the Realm is the Law of Reason: because they are derived out of the general Customs, and Maxims, or Principles of the Law of Nature 
Arist. Top. l. 2. c. 1. Doctor and Student l. 1. c. 5. fol. 1 c. a.  or Primary conclusions.  
And for the knowledge of these Propositions there is a greater difficulty; and therefore therein dependeth much the manner and form of Arguments in the Laws of England.   

Notes collected touching the difference between primary and Secondary Principles.  
PRincipia immediata quae in demonstrationibus 
Arist. l. 1. c. 2. T. 5.  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 Velure certe in plurimis rebus inesse videntur.  
The former sort Aristotle seemeth to call, as afore showed, Pronunciata, the other Propositiones.  
And although in the Law of the Realm, they are indifferently called, without distinction, Rules, Principles, Grounds, Maxims, Eruditions, and such like: yet the judgement of Massaeus herein is worthy observation.  
Accursius videtur non parum aberravisse à vero, 
Ant. Massaeus l. 1. de exercitio juris peritorum.  cum idem significare voluerit Principia, Maximas, & Regulas; cum (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, cum 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.  
He seemeth to attribute the name of Principles, Axioms, and Maxims to the first sort, and the name of Rules to the second.  
Of the secondary Principles or Rules there are two kinds. Some deduced and drawn from the usual and ordinary disposition of things (as hath been before declared) and by the observation of humane nature dispersed in the minds of men, collected by long observation: Whereof some are altogether upheld in the Law upon common presumption, and entendment: Others do rest upon discourse of Reason deducted in Argument. But of the former, some are such, as although they are but probable, and import no certain truth, and therefore may notwithstanding be sometimes untrue: yet nevertheless for the great likelihood of them in humane actions, and the better to frame a conformity, through the whole body of the Law, the said Laws permit no allegation to impugn them, or any speech or averment to impeach their credit.   

The first sort of Secondary Rules grounded upon entendment.  
OThers there are also that depend upon entendment: But of the former kind, this is one, grounded upon natural affection.  
La ley ne voit presume que ascun voit lede son heir, 
Com. Sharington & Pledal.  ou auter que est procheni de son sanck, mes que il voit plus test advance luy.  
Which Ground, upon the presumption of natural affection, is not such, as that it soundeth always true; (for in diverse persons nature worketh diversely) Wherefore although this assertion show how every man should be affected, notwithstanding it is no proof that all men are so affected. And yet nevertheless this strong entendment of Law, doth not permit any thing to impeach the same; and will not suffer any person bound by collateral warranty (the reason whereof floweth herehence) to traverse such affection, although there be never so pregnant proof to encounter the same.   

Notes touching the Definition, Division, and necessary Consequents of Secondary Principles.  
IVris Praecepta secundaria sunt certa quaedom Axiomata 
johannes Corassus de turis arte cap. 26. lib. 1.  & Definitiones seu Regulae, quae non tam naturâ quam 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 iis assentiantur, opus est.  
See the manner and means how they are inferred by discourse out of the general Customs or Principles of Reason, and the example thereof used by the Author of the Dialogues of the Doctor and Student.  
Presumption or Entendment of Law, whereupon certain of the secondary Rules are grounded (as before is showed) are in two sorts: for species presumptionum sunt duae: una, quae legitimis probationibus regulariter refutari potest, quam communem licebit 
joach. Hopp. de iuris arte lib. 2. sol. 466.  appellare: altera quae reprobari non potest, quae & specialis rectè fortasse dicetur. Certè magno Reip. bono constituuntur huiusmodi praesumptiones: nec potest 
Ibidem.  fieri ut sine praesumptionibus ulla certa iura aut ullae certae leges describantur.  
Secondary Principles are grounded either upon Entendment of Law, of which sort some are such as do admit of no proof to encounter them, and rest upon Entendment, but yetadmit proof to the contrary. Or discourse ofreason.  
So likewise the Law upon like common presumption conceived of the acts and behaviour of men, intendeth this Principle.  
Nul bome sans cause voile fair act a prejudice ley 
Com. Mauxel. 6. a.  mesme.  
And hereupon the Law presumeth that eucry assertion and allegation proceeding from any person which soundeth to his prejudice and hurt, is so undoubtedly true, as that there shall not be suffered any travers or denial of the same. Wherefore if in a Praecipe quod reddat brought of twenty acres of land against one, and he, before the Stature of Conjunction feoffatis, had pleaded joint-tenancy with another of deed; or sithence the said Statute, if he had pleaded joint-tenancy by Fine with another; although the Piea be utterly false, yet shall not the demandant have any answer or travers thereunto; because that when the demandant by his Writ hath admitted him Tenant of the whole; and he saith that he was joyntenant with another; this other, if he be false, may stop the Tenant by this Record; To say the contrary of his affirmation, and thereby may gain the Moiety of the land, against him that hath so pleaded. And therefore, for that, that men are not wont to tell untruths in disadvantage of themselves; and that the saying hereof if it were not true, will greatly be to the prejudice and hurt of him that affirmed it; thereupon the Law presumeth, that it was true indeed; and will in no wise admit the travers against the same, or give the demandant ability to impugn 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 give an impeachable credit. And hereof also this rule of Law is drawn.  
Matters de Record import in eux (per presumption delley, pur lour hautnesse) credit. 
Com. Ludford 491. b.   
And therefore none shall be permitted to say, that the King's Patent under the great seal was made or delivered at any other time then that wherein it beareth Date. No more than 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 averment that it was antedated, or that it was delivered or acknowledged after the date, is an averment tending to the discredit of the great seal, or of the justice of Officer of Record which recorded the Recognizance, or the Statute Merchant, or such like.  
In the dealings and affairs of Men, one Man may affirm a thing which another may deny. But 
Lambert's justice of peace. lib. 1. cap. 13.  if a Record once say the word, no man shall be received to aver; speak against it; or impugn the same: No though such Record contain manifest and known falsehood, tending to the mischief and overthrow of any person.  
And therefore whereas certain persons were 
38. Ass. 21.  Outlawed in the King's bench, in the time of Shared justice, and their goods forfeit, and their names likewise certified into the Exchequour with an Abstract of their goods, It happened so that the name of one (by misprision of the Clerk) was, among the rest certified likewise into the Exchequour, as outlawed and that he had goods to the value of six pounds, whereas indeed the same man was not outlawed. And thereupon a writ iussued to the Sheriff of that County, where the said goods were supposed to be, to seize the same to the use of the King, who returned that a Nobleman had seized the same goods; And thereupon issued forth another Writ out of the Exchequour, to cause him to answer the same goods so seized by him, who upon the Return of the second writ, alleged, that the party whose goods he had seized, was not utlawed: And Greene, one of the justices of the King's bench came into the Exchequer with the person who was supposed outlawed, and there testified that he was not outlawed; but showed, that that which was certified was done altogether by the misprision of the Clerk: Where Skipwith returned him this answer. That although all the justices would now record the Contrary, that they could not be permitted nor any Credit might be given thereunto, whenas there was a Record extant, and not Reversed testifying the same Out-lawry: yea the Law so mightily upholdeth the intended Credit of a Record, that it preferreth the same before the oaths of men, sounding to the Contrary, and in respect thereof, will not permit a verdict to be received, which might impeach the same.  
And therefore whereas one brought a writ of waist 
9 Hen. 6. 56. b.  and assigned the waist in diverse particular things, and moreover in a Message and Tenants in Wood-Church; where amongst other wastes assigued, the Plaintiff showed, that the Defendant had done and permitted waste in the Hall of the said Messnage, etc. The Defendant pleaded in this Action, that Woodchurch was a Hamlet of A. and no Town of itself. Which Plea includeth a Confession of the waist to have been done in such manner as was declared. And upon this plea, the parties were at issue; with the which the jury were charged: And further it was given them in charge, that if they found that Woodchurch was a Town of itself, and no Hamlet of A: as the Plaintiff had supposed, that then they should assign damages severally for every waste Committed. The jury at length found, that Woodchurch was a Hamlet of itself, and assessed damages for certain of the particular wastes supposed severally, as they ought. And as touching the waist supposed to be done in the said Hall, they said there was no such Message. The judges rejected their verdict, because it was contrary to that which was employed by the Plea of the Defendant of Record: and so enforced the jury to give damages for a waist: which (indeed) was not done contrary to the Conscience of the juries; notwithstanding that some of them made protestation, that in so doing they might be perjured: Which wholly was done only to uphold the Credit of the Record; and that the verdict (of Record) might not be contrary, to that which was employed by the Plea of the parties.  
Moreover, there is a Rule of Law wholly grounded upon Entendment which is this.  
Livery deal fait sera intent in le lieu cu le date fut.  
The delivery of a Deed shall be intended to be where it beareth date.  
Which Rule the Law upholdeth for certain truth, (although in very deed it may be at sometimes untrue) And therefore will not permit any proof 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 
31. Hen. 6. Com. Fogassa. 7. b.  alleged in Fogassa his Case, may be produced; which was in this manner. An Action of Debt was brought upon a Deed; The Defendant denied the same; whereupon the parties were at issue; And the witnesses produced to prove the Deed were examined where the Deed was delivered: who answered: At York; which was in another County then where the said Deed bare Date; And hereupon the Desendant Demurred: And after upon Consideration, judgement was given against the Plaintiff in overthrow of the Action founded upon that Deed; which cannot be intended to be delivered else where then at the place where it beareth Date.  
Many Examples may be further produced to like effect, to prove that diverse Rules there are received in the Law which upon presumption and Common Entendment, to eschew some notable mischief or inconvenience, are so holden for Truth, that in no wise they shall be encountered; although indeed, as occasion may fall out, they do contain manifest and apparent falsehood. But these already in that respect alleged may abundantly suffice for example.  
Of like nature also there are in the Law other 
The Second sort of Secondary Rules grounded upon Entendment.  kind of Rules or principles; which although, they do concern contingent matters; and therefore may sometimes be impeached, and found untrue; Yet do they carry a kind of Credit also upon Presumption or Entendment of Law, although not so vehement as the former.  
Wherefore although the Law doth receive them Prima fancy, and at the first show, as likely, and giveth Credit unto the Assertion contained in them, Yet Nevertheless doth it admit proof to the Contrary, and so suffereth such Presumption or Entendment, which upholdeth such Rules, to be impeached, and controlled by a Contrary trial by pregnant proof, and so doth permit any Averment to be made against the same. For Example: It is a Rule in Law that a Verdict sera intenda touts 
20. Hen. 7. 11 b. Coningsby.  foits uray tanque il est reverses pur ceo que il est issint troue perferment de 12. homes.  
A verdict shall be intended always true, till it be reversed, for that it is so found by the oath of twelve men.  
And hereupon it is agreed for Law, That if a 
5 Hen. 7. 22. b.  judgement be given erroneously, the party grieved thereby shall not only, have his writ of Error to redress the same, but also a supersedeas to Countermand Execution thereupon. But if judgement be given upon a verdict although the same verdict be untrue, and the party grieved do bring his writ of Attaint, Yet nevertheless he shall not in that case have 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 severity 33. Hen. 8. 196. Brooks case. 4 Edw. 6. Com. 49.  
If a Writ of Conspiracy be brought against one, 
20. Hen. 7. 11. b. Coningsby.  for that he gave evidence before the justice of Peace at their Sessions, concerning the suspicion of a Felony supposed to be done by the Plaintiff, upon which Evidence, the Plaintiff was indicted of the said Felony; and after found Not guilty by a lurie of twelve Men; It is no plea in this writ of Conspiracy, for the Desendant to say, that the Plaintiff was guilty of the Felony, For that were to encounter the Verdict; which shall be intended true.  
And although the Law do give Credit, to all verdicts; Yet doth it not foreclose the party grieved thereby, but permitteth him to impugn it, and to impeach it of falsehood, if he can, by his writ of Attainct.  
Also there is a Rule in the Law, That  
Feesimple ou altar estate certain convey a un sera 
Com. Wrotsley. 193. b.  intent de continuer in le person in que il est repose, toats foits durant mesme l'estate.  
An estate of inheritance or other estate certain conucied to a man, shall be intended to continue in the person wherein it was reposed always during the Continuance of the said estate.  
Although this for Law be Prima fancy intended true; yet nevertheless thereunto this must be added viz.  
Sine soit mre Comment auterment ceo est divest.  
If it be not showed otherwise how it is devised.  
By thus much said, it is sufficiently made manifest, that some propositions, Rules and Grounds of the Law are intended true; but yet proof is allowed to encounter the same.  
So hither to hath been spoken of the Verity of Propositions; whereof some are indeed and nature manifest true, and grounded on necessary Reason; and other some are true also, but upon matter contingent. Contingent verity was said to be of too kinds. The one grounded on common Presumption and intendment of the Laws, which like wise was subdivided into two branches. Some of them such as do not admit any Contradiction to impugn them; For the certain supposed truth (though indeed not always found, in them, yet always deemed by them) alloweth no control; The other sort of Rules resting upon intendment, are such as are Prima fancy supposed true, but yet no otherwise supposed true then till the contrary be proved, and they impeached of falsehood: Of both which there hath been showed sufficient examples.  
Now therefore in order followeth the second 
The second principal kind of Contingent Propositions.  principal part of Contingent Propositions or Grounds framed upon observation of Nature, and disposition of things, collected and drawn by discourse of Reason, because it cannot be equally evident to every Man's capacity. And for as much as the said Discourse and manner of Reasoning, through the weakness of Man's understanding, and difficulty of the matter, may fail and be oftentimes deceived in some Circumstances which may and daily do occur through the variety of particular matter, which again (in Reason) may offer a Contrary resolution; Therefore are those Grounds not universally true, but subject to many and manifold Exceptions. And yet nevertheless true in all such Cases as are not comprehended under those Restraints or Exceptions. Of which kind 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 convalescit.  
4. Quando duo Iura in uno Concurrunt, aequum est ac si esset in diversis.  
Every of which many other of the like nature; though they be of themselves, upon the first view of great Probability; yet nevertheless, being with more earnest Consideration pondered, are found not so firm as they seem, but are subject to some controlment, and to be impeached with sundry 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 Loyal pur ascun de enter in le terre del altar 
12. Hen. 3. 2. b. Eliot.  sans son licence.  
It is not lawful to enter in another man's ground without Licence.  
Descent de Estate dinheritance in terr, toll le entry de ceste que droit ad.  
The descent of an estate of inheritance in Lands taketh away his entry which hath right.  
But these few shall suffice in this place for an Example.  
Wherefore for as much as the Mind of Man is beautified with two faculties or powers in quality different, though flowing from that which is in Nature indivisible; whereof the one we now call for distinction sake (Capacity) and the other (Discourse).  
By the former of which we apprehend, as with the in ward eye, the natural light and resplendency of many primary Propositions, and known Motions; whose clearness and evidence causeth every one to yield thereto their consent.  
And by the later we do Collect, reason, argue, and infer of those former Motions and Resolutions, certain Secondary Propositions descended and derived from the first, as branches from the Root, or Rivers from the Fountain; which by how much the more they are drawn from their sping, by so much the more (by reason of the variety of interposed Circumstances) they are oftentimes obscured and made less clear and evident.  
And sith that every Science is not of like Certainty, by reason of the variable condition of the subject 
Ethice verò supponitur quasi morali scientiae, qui tractat de moribus.  whereupon it is imploved; so that rightly of Moral Philosophy (consisting wholly of man's changeable and inconstant conversation, and from whence indeed, the knowledge of all Laws are in 
Bract. l. r. c. 1. 4. b.  a generality derived, and thereto to be referred) said, the Philosopher Aristotle right well in excuse of his 
Arist. Ethic. l. 1. c. 3.  purposed Method in the delivery of the same, That Doctrina discernens honesta & turpia, tantis dubitationum fluctibus concutitur, ut multis lege tantum & opinion, 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 fail in some particular case: whence springeth this often used assertion, Non est Regula quin fallat: And therefore the Ordainers and Interpreters of Law, respect rather those things which may often happen; and not every particular circumstance, for the which though they would, they should not be able by any positive Law to make provision.  
By reason whereof they do permit, the Rules, Axioms, and Propositions of the common Law, upon discourse and disputation of reason, to be restrained by exceptions; which are grounded upon 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, certain exceptions are framed, which do not only knit and conjoin one Rule in reason to another, but by means of their equity, temper the rigour of the Law, which upon some certain circumstances in every of the said Rules might happen and fall out: Et omnia benè coaequiparat, as saith Bracton. 
Bracton. l. c. 5.   
And therefore the Author of the Dialogues between the Doctor and Student describeth equity 
Lib. 1. cap. 16.  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 general Rules of the Law of man, when they by reason of their generality, would in any particular case, judge against the Law of God, or the Law of Reason: The which exception is secretly understood in every general Rule of every positive Law. And a little after, in the same place affirmeth, That equity followeth the Law in all particular cases, where right and justice requireth, notwithstanding that the general Rule of the Law be to the contrary.  
And the exception so framed upon any Rule or Ground to the which it is annexed, doth not impeach the credit of the said Ground; but being included 
L. quaesit F. de sando instructio.  therein, as aforesaid, Format Regulam in omnibus casibus non exceptis.  
But lest some men might think, that whatsoeever is spoken in the said Dialogues touching equity might be only understood of that equity which either enlargeth or restraineth statute Laws (and of which Mr. Plowden in his Appendix unto 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 Axioms, Grounds, or Rules, with their exceptions, there put for example, and which do tend to the purpose and proof of that whereof we now speak.  
And because that those said Rules there mentioned are last of all here for example before proposed, it shall be requisite first of all to furnish every of them with examples.  
But yet for the better understanding of that which is behooveful to be known concerning equity in General, we are to note that every Rule with his exceptions or (to speak otherwise in words) every received difference in the Law (being indeed nothing but a Rule or Ground and his exceptions) doth either flow from equity, or else result of the combining of two Rules together, as before hath been declared.  
The use therefore of equity is triple in our Law: 
The triple use of equity in the Laws.  For  
1 Either it keepeth the common Law in conformity by means here mentioned.  
2 Or it expoundeth the Statute Law.  
3 Or thirdly giveth remedy in the Court of Conscience in cases of extremity which otherwise by the Laws are least unredressed.  
Wherefore as all men endued with the right use of reason, and conversant in the knowledge of any Law, must of necessity confess, that every Law doth stand upon permanent Rules, as of Iron not to be bend or broken upon this or that occasion, or to be infringed upon this or that occurrence (for else there need no Court of Law, but all should be one with the Court of Conscience, and have their proceedings framed according to the Arbitrary conceit of the justice) So likewise nevertheless, upon every circumstance of time, person, place, and the manner of doing, there falleth out such matter of equity, that if Law should be pursued according to the settled Rules thereof, Summum Ius (as Cicero saith) would prove Summa iniuria: wherefore Law without equity were rigour. And yet again, of the other side, if all Laws should change and be controlled as often in every case as equity would require, than should there be (as aforesaid) no Law certain. And therefore it standeth with good reason, that the common Law in some cases, should allow and follow equity, as far forth as the constancy of the Law would permit, and for the better conformity of one Rule thereof with another: which common Law again in other cases should refuse equity for the better avoiding of confusion.   

Notes collected out of Authors touching exceptions of Rules, and from whence they spring.  
Equity therefore in all the use thereof, and in every of the threefold before mentioned observations hath a double Office, Effect, or Function.  
Sometimes it doth amplify.  
Sometimes again (when reason will) it doth diminsh or extenuate.  
A description of the former is that which Bracton 
Lib. 1. c. 4. §. 5.  yieldeth, Aequitas est rerum convenientia quae in paribus causis paria desiderat iura, & omnia bene coaequiperat, & dicitur aequitas quasi aequalitas. 
Com. 467   
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 prius usitata non fuerint 
Bracton lib. 1. cap. 2. 〈◊〉. 7.  in regno; si tamen similia evenerint, per simile iudicientur; cum bona sit occasio à similibus procedere ad similia.  
And therefore these cases differing never so much in circumstance, so that they do concur in reason, should be ruled after one and the self same manner. For, Vbi est eadem ratio, idem ius statuendum est. But hereof we shall hereafter have more ample occasion to speak, when we take in hand the last of Aristotle's, before remembered, observations; namely Similitudinum collectionem, or cognitionem.  
This equity moreover in Satutes enlargeth the letter to cases not comprehended within the words; if nevertheless they do stand in equal mischief.  
Lastly in all cases of mischief, for redress whereof Positive Law or ordinary Rules of Law are defective; equity extendeth forth her hand in the Court of Conscience to help therein the said defect of the Laws.  
The second kind of equity doth again of the other side restrain the ample or general rules of the common Laws by ministering exceptions, in like manner as is before remembered.  
And in statute Law it doth also limit the overlarge letter, drawing it wholly to, and keeping it within the bounds of the intent & meaning of the makers.  
In the Court of Conscience it giveth likewise comfort, considereth all the circumstances of the fact, and is as it were tempered with the sweetness of mercy, and mitigateth the rigour of the common Law; and leaving the inflexible stiff Iron rule, taketh in hand the Leaden Lesbian rule: which being rightly swayed in cases of extremity, and herein, enjoining the common Law of her straight proceeding, issueth this sentence full of comfort to the afflicted, Nullus recedat à Cancellaria sine remedio. 
4. Hen. 7.   
Wherefore if the same equity be used in such cases only as are of extremity (as indeed it should) it causeth the Chancellor, into whose hand the managing thereof within this Realm is committed to be in high estimation of honour: so that In eius 
Cicero in Orat. pro Murena.  sort 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 been spoken of equity, upon the occasion of speech of exceptions which do restrain Rules and Axioms, that the original fountain from whence such exceptions do spring, might the better and more manifestly be conceived.  
And therefore thus much thereof sufficeth, reserving the rest to his due and native place.  
Now we will proceed with the first example published in the said Dialogues of the Doctor and Student, concerning the exceptions attributed and annexed unto Maxims, Rules and Grounds.  
There is saith he a general prohibition in the Laws of England; That  
It is not lawful for any man to enter into possession 
The Ground.  or freehold of another without authority of the owner, or of the Law.  
This Ground may be proved by many particular cases and authorities: for the Law of property would that every man's own should be private and peculiar unto himself; and therefore it is said, That  
Nest loyal all un de enter en mon terre sauns mov 
12. Hen. 8. 2. b. eliot.  licence.  
Lou mes beasts sont damage fesant in altar terr, 
21. Hen. 7. 27. b. Kingsoul. Reed  ie en puis enter pur eux enchaser horse ains convient a moy primerment a tender amends.  
If my beasts be damage fesant in another's ground, I may not enter and drive them out, but I ought first to tender an amends.  
Si home ad merisme gisant sur laterr d'un altar, 
21. Hen. 7. 13. b. Reed.  il ne poit iustifier le entry in le terr a veyer ceosi soit in bon plight.  
If one have his timber lying on another's ground, he cannot justify his entry to see his timber in good case.  
Si maison soit lease a moy et ieo mit mon biens en 
13. Hen. 7. 9 b.  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 be leased to me wherein I put my goods where they lie till the lease be expired, I cannot now enter into the house to take them.  
Si ieo mit mon chival in voster stable & vous ne voiles ceo deliver a moy, et ico enter et enfrend vostre 
14. Hen. 8. 1. b. Brudnel.  stable, ieo sera puny pur l'entry, et le enfreinder del stable, mes nemy pur le prisel del chival.  
If I put my horse into your stable, and you will not deliver him unto me; if I enter and break your stable, I shall be punished for entering and breaking the stable, but not for taking my horse.  
Si ieo command un a deliver a vous certain beasts 
18 Ed. 4. 25. a.  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 comment que vous demurs horse deal Park.  
If I command one to deliver you certain cattle out of my Park, it is not lawful for you to enter into my Park with him whom I commanded to deliver them: for you may receive them though you stay without the Park.  
Si ieo bail biens all home, ieo ne puis justifier l'entry 
9 Ed 4. 35. a. 21. Hen. 7. 13.  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 deliver my goods unto a man, I cannot justify the entering into his house to take them etc.  
Si le vicont ad fierifacias pur levier deniers recovers 
8. Ed. 4. 4. a.  verse ascun, uncore si per force de ceo il ne voile enter et detraser le meason de cesti verse que le recovery fat, il sera de ceo puny pur cest entry en trespass.  
If the Sheriff hath a fierifacias, to levy money recovered, if by force thereof he enter, and break the house of the debtor, he is subject to an action of trespass.  
Si un Vicar ad offerings in un Chapel de quel Chapel 
2. Hen. 4. 24. a.  le franktennant est in moy; il ne poiet ceo iustifiera l'entry et debruser de ma Chapel pur eux prender horse.  
If a Priest have offerings in a Chapel, the freehold of which is in me, he cannot justify the entry and breaking the Chapel to take out his offting.  
Si home eant in sa Garren demesn spring un Feasant, 
38. Ed. 3. 10. b.  et lessa sa falcon voler a ceo que vola in le Garren d'un altar home, et la prist le Feasant, nest loyal pur le owner del falcon, pur enter in le altar Garren, et de la emporter.  
If a man spring a Pheasant in his own Warren, and let his falcon fly at her, and she flies into another's Warren and there taketh the Pheasant, he that oweth the Hawk cannot enter into the others ground to take her.  
Having proved the former ground with these sufficient former authorities, let us now descend unto the examination of such exceptions of the said proposition, as may exemplify our former speeches; whereof some certain being orderly delivered and confirmed with some authorities of book cases, I hold it sufficient so to make manifest our meaning at this present; leaving a more exact consideration thereof to more fit place and opportunity.  
We are therefore to conceive that there is an infallible rule of Law, That  
Le Common wealth est deste prefer devant ascun private wealth.  
The Common wealth is to be preferred before any private wealth.  
By reason whereof lest contradiction between the said proposed rule and this now in hand should ensue upon 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 understanding of the aforesaid rule proposed, namely, That  
Home poit justify son entre en le franktenement ou 
The first Exception.  sur le possession de un auter si soit pur le benefit deal Common wealth.  
A man may justify his entry into another's freehold, if it be for the good and benefit of the Common wealth.  
And therefore these cases following depending thereupon are produced to prove & manifest the same.  
Si ieo vine in vostre terre, et occide un Fox, un Grace, ou un Otter, pur cest entry ieo ne sera my puny, 
12. Hen. 8. 10. a. Brooke.  pur ceo que sont beasts encounter le Common profit.  
If I come into your ground to kill a Fox, Grace, 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. 
13. Hen. 8. 16. b. Shellye.   
For the good of the Commonwealth an house shall be pulled down if the next be fired.  
Et Suburbs deal City seront plucked down in temps de Guerr, pur ceo que ceo est pur le common 
8. Edw. 4. 35. b. Littleton.  wealth: Et choose que est pur le common wealth chascune poit fair sans aver action.  
And the suburbs of a City 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 another's action.  
Home iustifiera son entry in altar terr in tempore 
21. Hen. 7. b, Ringsmil.  de Guerr pur fair Bulwark in defence del Realm, Et ceux choses sont iustifiible & loyal pur maintenance del commonwealth.  
A man may justify his going into another man's ground in time of war to make a Bulwark in defence of the Realm etc.  
Pur felony, ou pur suspicion de felony home poit de 
13. Edw. 4. 9 a.  bruser meason pur prender le fellow, car il est pur le Common wealth pur prender eux.  
For felony or suspicion thereof a man may break a house to take the Felon; For it is the good of the Commonwealth, to have him taken: With such like.  
Moreover because there is another Rule of Law, That  
Nul prendra benefit de son tort demesme.  
No man shall take benefit of his own wrong.  
And sometimes it falleth out that men, through malice to have others in danger, would not stick to lay a train to entrap them to the intent, that they might, by some colour, for their further vexation, prosecute suit against them; To uphold the Conformity of Law upon 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 un torcious Entry est 
The second Exception.  fait sur son Possession, il nauera de ceo Remedy: mes le party que ad issent enter; sur le matter disclose poit aid luy mesme & justify tiel Entry.  
If a Man be the cause that a wrongful Act or Entry be made upon his possession, he shall have no remedy for it, but the party who hath entered may disclose the matter to justify his entry.  
Home add un Molyn, & l'cau courge per le terr d'une 
9 Edw. 4. 35. a. b.  altar all dit Molyn, le Tenant del terre mice stakes deins le dit eaw sur que il edify un 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 Trespass pur Entry en la dit terr & enracer la meason tout cest matter pur auoider le dit Nusance fut plead per le defendant & tenus bon justification.  
A Man hath a Mill, and the water running to it cometh through another's ground, and he fasteneth stakes upon 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 entereth unto the others ground and breaketh down the stakes, and thereby the house falleth; If the other bring an Action of trespass against him, for this, he may show that he did it, to avoid wrong done to himself, and justify the deed.  
Home aver pris les beasts de I S. & eux impound 
20. Hen. 6. 28. a.  in sa terre, & vint un pur Repleuy mesme les beasts, Et pur ceo que cest que ad eux destraine ne voilet suffer les beasts dests Replevy, il oue ears & sagitts, sagitta al cesti que vint pur eux repliuy eaut in le porte de mesme le close lou ills fuere impound, pur que il pur doubt enfrenit le close in altar lieu, et enchase horse les auers que fueront impound, Et pur cost entry et infrenider del Close, le Pleintise port trespass, Et sur tout cest matter disclose ceo semble bone justification.  
A Man having taken I. S. his goods, and impounded them in his own ground, a Replevin was brought for those dattle, and he that destraind them would not suffer any Repleavin to be made, but standing in the gate of the Close where the dattle were impounded, shot at him that came to make the Replevin, whereupon he broke the Close in another place, and drew forth the said beasts: For which breaking the Plaintiffs Close, he brought an Action of trespass; but upon this matter disclosed it was taken for a good justification.  
In Travers, le defendant dit, que par ceo que le Plaintiff 
21. Hen. 6. 39 b.  violet aver le defendant in son danger, i'll Command un son sruant de chaser les beasts de defendant inles blees deal Plaintiff mesme, et le defendant cy haste wenit que il avoit notecede ceo, il enter en le dit terre le Plaintiff, et eux enchase horse: Et ceo fuit tenus bon Pleanient amountant all general issue. 
9 Edw. 4. 35. a. Littleton.   
In an Action of trespass, the Defendant said, that because the Plaintiff would have the defendant within his Danger, he Commanded one of his servants to drive the Defendants beasts into the Plaintiffs Corn, And the Defendant soon as he had notice thereof, entered into the Plaintiffs Close and drove them out; This was taken for a good Plea, and not amounting to the general issue.  
In travers pur entry in le close etc. Deal Plaintiff 
37. Hen. 6. 37. a. b.  le defendant iustifiera, pur ceo que le Defendant fuit Chivauchant en le roial chimin que gisott pres le meason del Plaintiff, quand il vint la encounter la dite mese, la vient le Plaintiff oue Ark et sagitts et fist un assault sur le defendant, pur que il avoid son Chival, et sua in la dit mese, et ouster in le dit close; Et puis revint in le dit chimin. Et ceo fuit tenus bon justification, si il voile add 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 mess full overt all temps: per que le defendant issint dist accordant.  
In an Action of Traverse for entering into the Plaintiffs close, the Defendant justified, for that he riding in the king's high way, which lay near to the Plaintiffs house, the Plaintiff set upon the Defendant, when he came near against the Plalntifes house, and assaulted him with bow and Arrows, Whereupon he forsook his horse and fled into the house, and so through it into his Close, and after returned into the high way; And this was taken for a good justification, if he had showed further that the highway was in the same town where the house was, and showed in what town the house was, and that the door of the house was open etc.  
Moreover where there is a ground or rule of Law, as hath been often before remembered, That  
Quando aliquis quid concedit, et id concedere videtur sine quo res concessa esse non potest.  
Hereof ensueth a third Exception to be annexed unto the said former Ground in this manner.  
Si home ad interest ou authority derive de ascun 
The Third Exception.  person, owner, et possessor del soil: 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 lafoy interest ou authority, la son entry est imply in la dit interest ou authority: Et pur tel cause son entry la serra justifiable.  
Le Abbe de Hyde fait lease d'un ferm rendant Rent 
Com. Kidw. & Braved. 71. d.  a son Monastery vient al mains le Roy Hen. 8, per le statute de Dissolutions, que puis ceo grant ouster all 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 navera enint trauers pur tel entry.  
Si A: Soit tenus a B: in un obligation the 20. l. 
Com. Kidw. & Praud. 71. b.  pur payer a luy 10 l. a tel iour la intant que nul lien est express pur le payment. A: est tenus a querer B. inquocum que lieu 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 all dit home: Mes in lauter Case 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: i'll ensuit ex consequenti que il ne puniera luy pur ceo chose a que luy mesme fut priuy et agreement.  
Si ieo enfeoff G. et face litre d'attorney a. C. a deliver seisnia G: pur le venider sur la terre et pur 
18. Edw. 4. 25. b.  l'entry fait per G. de prender la livery, G. ne sera punish in trespass 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 fodder in son terre, et de faire un trenche de tiel sont ou spring iusques a mon 
9 Ed. 4 25. a. 13 Hen 8. 15. b. Englefeild.  place, si puis le Pipe est estopp ou enfreint issent que l'eaw issue horse, ieo ne poi fodder in son terre pur mender le Pipe, Car ceo ne fut grant a moy etc. 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 tell gront a ceo discourer et d'amender.  
Intravers pur entry en un meason le defend aut 
9 Hen. 6. 23. b.  dit que long temps devant le trespas que A. fut seisi del dit meason in fee, & que ceo est in tel ville & devisable per testament, per que le dit A: device le dit maison a un fem in tail, & que sil deuy sans issue que son Executor ceo vendroit, & fait le defendant son Executor & devy 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 repair all intent de seavoir a quel value le reuercion fut a vender, & ceo fut tenus bone justification.  
In Travers pur Entry in meason et prisel del biens 
2. Hen. 6. 15. b. 16. a.  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 testator pur administer et trovant shays del dit meason overt il enter et prist les biens, et ceo fut tenus bon Plea per tout le Court.  
By reason also that there is a Rule of Law. That  
Le possession del terre de chescun home est subject all jurisdiction deal ley.  
Thereof also this Exception following holdeth likewise place in restraint of the said former general Rule or Ground, that is to say,  
Lou le ley done all ascun authority de enter in altar 
The fourth exception.  ter ou sur le possession del altar, il iustifiera son entry.  
Si ieo suis scisi de terre in fee sur bon et indefesible title, et un estrange demand cest terre per precipe vers 
Com. Mauxel 13. a.  un auter estranger, et sur ceo le viscount per force del praecipe vient sur la terre ove sommoners, et summon luy vers que le precipe est pert, et puis le demandant recover vers luy per default ou per issue try sur certain point, et perforce de Haberi factas seisniam le vic vient arere & missed cesty que ad recover 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 jurisdiction del Roy & says ministers.  
Si home fait lease pur vie, & un villain purchase 
Littleton Villeinage.  le reversion, semble a Litt. que le signor del villain poit maintenant vener all terre et clayme mesme le reversion, 
Com. Mauxel 13. a.  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 
Com. Mauxel 13. a.  signior del vilein poit vener all dit Elglise, et claime le dit advowson, et pur ccole incumbent ne punishera luy per tiel vener all dit Elglise.  
Intravers le defendant plead que il fut seisy del 
11. Hen. 4. 75. b.  meason et terre et ceo lease all plaintiff pur term 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 deal maison fuit overt, & demand judgement et ceo sut tenus bonbarr; a que le Plaintiff replica que il la demur encounter le volunt le Plaintife uniour et un nuict, etc.  
Hitherunto have we expressed certain exceptions of the fore specified Grounds which are derived from the reason of some other Grounds and Rules of the Law, and which reason would should be added, as restraints unto the said former Rule of Law first remembered for conformities sake, and that the Law no way be impeached of contrarieties. Now resteth also that we deliver some few other exceptions unto the said general Rule drawn likewise from the fountain of equity; which are such as do ensue.  
Sith it were void of all reason and conscience 
Exceptions ministered by equity.  that a man should punish a wrong done unto him, by the which he either sustaineth little or no detriment or damage, or at leastwise more benefit than he sustains prejudice: Therefore this exception unto the said general Rule, is among other likewise allowed for law. That.  
Loa le party sur que possession home fait tortions 
The fist exception.  entry est plus benefit per tiel entry que preiudice la home bien iustifiera la dit tortions entry.  
Which the cases following do likewise at large sufficiently confirm.  
Si ieo sue in peril deste murder in mon close, ou in 
12. Hen. 8. 2. b. Pollard.  mon meason, il est loial a chescun de enfrender mon meison ou close pur moy auder, pur ceo que est pur mon benefit.  
Si ieo voy vostre beasts demesne in vostre corn, 
13. Hen. 8. 15. b. Norwich.  et ieo eux enchase horse, teo ne sera my puny pur ceo que fut pur vostre advantage, et vous aves inter est in les beastes Mes si ieo chase les beastes d'un estranger hors de vostre corn, ieo seray puny pur ceo; car vous puisses aver remedy pur ceo; seil: per distress.  
Si ieo voy le Chimney de mon vic in urant, pur saver 
21. Hen. 7. 27. b. Palms.  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 travers de Parco fracto, le defendant justify le 
20. Hen 6. 37. a.  trauers pur ceoque fut controversy perenter luy, & le seigneur de Huntingdon Plaintiff pur le overtune d'un gorce, et pur ceo que le dit signeur fut in le dit Park hunting, il enter pur les ports eant overt a monstrer a luy ses evidences concernant le dit gorce et ceo fut tenus per tout le Court bone justification.  
Again, the like equity doth minister one other exception of the like quality; for it were unconscionable and unreasonable that a man should be punished for a wrongful entry, whereas he is compelled so to do, and cannot without his great prejudice eschew the same: And therefore it is holden for Law, That  
Si home enter sur le possession de un altar, lou il ne 
The sixth exception.  poit auterment fair sans son grand prejudice, ceo ne sera deem tiel entry de que il sera puny.  
Si home ad Querck crescent in midds de trois 
13. Hen. 8. 16. b. Browne.  maisons, et il descoupa ceo, et le Querckeschet in terr d'un altar, si il justify in travers il covient de alleager que il ne auterment puit fair.  
Home de coupa thorns que cress inson terr et ils 
6. Ed. 4. 7. b.  eschaont in terr don altar, & il enter & eux prender horse, sil ne poit in altar manner fair, ceo luy excusera.  
Si home chase avers per le chymin, et les beasts happont 
Doctor and Student. ver. 10. Ed. 4. 7. b. 22 Ed. 4. 8. b. 6. Ed. 4. 7. b.  the escaper in les blees de son vicin, & cesty que eux enchase enter freshment in le terr de eux enchaser horse, pur ceo que ils ne ferront ascun damage, il iustifiera tiel son entry intravers.  
And thus much hath been said touching the first Ground proposed in the said Dialogues of the said Doctor and Student, which hath been proved in particular with cases, and thereunto have been annexed certain exceptions which have likewise been fortified with book cases and authorities whereby the former assertions have not only been exemplified, but also thereby it doth plainly appear, That almost every disposition in the Laws, de qualitate or de iure is in conference of Maxims, and resteth between the Rule and the exception, which is either ministered by reason of equity, or upon some other Rule or Axiom. So that every difference showed between cases, is nothing else but the Rule and his exceptions; the effect whereof briefly is set forth by Morgan, who saith: That  
Maxims ne doient este impugn, mes touts temps 
Com. Colib. 27. a.  admit mes les maims per reason poient este confer et compare l'un oue leauter, comment que ils ne variont: Ou per reason poit este discuss quel chose est plus precheni all Maxim ou mean perenter les Maxims & quel nemy: mes le Maxims neunque poient este impeach ne impugn, mes touts ditsdoient este obserue et tenus come firm Principles de eux mesmes.  
For the better understanding whereof, we may note that all matters of debate which may be referred to the controversies or questions de qualitate or de iure, as hath been said, have either commonly a Maxim of the one part, and a Maxim of the other; or several reasons of each part derived from sundry Maxims; or else that there is a Maxim of the one part, and there is equity and reason which doth minister an exception to that Maxim or general Rule: So that all disceptation herein is, as hath been said, in conference or comparing of Maxims and Principles together discoursing, which thing is directly under the reason of the said Maxim; 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 use of these Maxims may be made manifest and apparent.  
Now resteth moreover to prosecute the second Axiom or Principle proposed in the said Dialogues, namely, that which followeth there in the seaventeenth chapter of his first book, that is to say:  
It is not lawful for any man to enter upon a descent. 
The second Ground.   
Which ground being expounded by Littleton in his chapter of descents to extend only to descents of an estate of inheritance and freehold, and not of a reversion or remainder, all which followeth after in the said chapter, are nothing but cases of exceptions unto the said grounds, as it is evident unto every one that considereth the same, and therefore shall it here be needless long to insist thereupon. Nevertheless it shall be expedient to show some exceptions thereunto, especially some certain, of such of them as being exceptions unto the said Rule, are again restrained with other exceptions. Because there is a Rule of Law, that  
Laches ou folly ne sera impute a un enfant de luy 
First exception Littleton Garranty 279.  prejudice.  
Therefore lest contrariety might happen in consequence of reason between the said Rule of descents, and this Rule last remembered: there is ministered by the means of this later Rule, an exception unto the said former ground namely, that  
If an infant have right of entry, he may enter upon 
Littleton descents cas. 402. 20. Hen. 6. 28. b.  a descent.  
This exception, although it doth import great probability of truth, yet is the same like unto the Ground in this respect, namely, that it is also subject to be restrained with another exception, viz.  
If an infant, or such privileged or excepted person have a right of entry, and a descent of those lands is had to one that hath a more ancient right; the party having such ancient right, shall be remitted: and both the right and entry of the infant taken away.  
And this exception ensueth of another general Rule of Law, which is, That  
An ancient right shall always be preferred before an other mean right or title.  
The said exception upon exception grounded upon the last remembered Rule, may be plainly proved by this case.  
If Tenant in Tail do discontinue and after do 
11. Ed. 4. 1. b.  disseise his discontinuee, and during that disseisein the discontinuee dieth, his heir within age; and after the Tenant in tail doth die seized; and this land descendeth unto the issue in tail, the heir of the discontinuee being still within age; This is a remitter, and the entry of the heir of the discontinuee is tolled, notwithstanding that the Ground and Principle is, that the laches of the enfant shall not prejudice the enfant. And the cause is the ancient right the issue had.  
Moreover the former General Rule touching descents 
The second exception.  that toll entries, hath among other, also this, exception.  
A descent had during the Coverture, shall not 
Litt. fol. 59 cas. 403.  toll the entry of the woman or her heirs after the Coverture dissolved. 
9 Hen 7. 24. a. 2. Ed 4. 24. a. 7. Ed. 4. 7b. 20 Hen, 628, b.   
But because there is a General Rule of Law, That None shall be favoured in any Act wherein folly may be imputed to him.  
From whence is derived also this more special Rule or Ground.  
Coverture shall not aid a woman where the taking 
Com. z●ueb. 366. a.  of a Husband which respecteth not her benefit 
42. Ed. 3. 12. b. 9 Hen. 7. 24. a.  may be imputed to her folly.  
Hereof ensueth this exception upon exception to the said former remembered Rule, That  
where folly may be imputed to the woman for 
41. Ed. 3. 12. b. 9 Hen 7. 24 a. Litt fol. 95. cas. 404.  taking of such a Husband as will be heedless of her benefit, there a descent, during the coverture, shall bind the woman and her heirs. 
3. 4. Phil. Mar. 144. n. 57   
Much more might be said of like effect, but this for example sake shall suffice.  
Now resteth briefly to say something touching the first proposed Latin Rules: Of which the form was this,  
Sublata causa tollitur effectus. 
Com. 72. b. Com. 268 a. Com. 294. a.   
This Rule is not absolutely true; for the Philosopher from whence it is borrowed, doth understand it, De causis internis, non de externis.  
The Civil Lawyers do restraineit in this manner 
Prataus.  Haec autem Gnosis sine Regula, de causa finali, non de causa impulsiva intelligitur.  
The common Law of the Realm, 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 
Prataeus l. 7. c. 3. fol. 911.  & tacens pro consentiente habetur.  
The third Rule was this,  
Quod initeo non valet, id tractu temporis non convalescit.  
Which Ground may be confirmed with many cases, yet is the same Ground restrained with this exception, because That  
Habet locum in his tantum quae statim debent valere, 
Decius.  & nullam suspentionem habent.  
If a man make a lease for life of land unto I. S. and 
37. Hen. 8. Brooke.  after doth make a lease for years unto I. N. of the 
Leasses 48. Com. Smith & Stapleton 433. a. Com. Greisbrooke 422. a.  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 than the term in the second lease: yet if the first lease die, or surrender afore the second be expired, the residue of the term is good.  
If the father devose his land unto his daughter and 
5. Ed. 4. 6. Per Billing quod fuit concessum & Abridge per Fitzb. tit. Assiss. 27.  heir apparent, and after leaving his wife enceinct, or w th' child with a son, upon the death of the father this device unto the daughter is void, for that she is his heir; but after, when the son is borne, it is good.  
The fourth Rule of the said Latin rules before set down, was this,  
Quando duo iura in uno concurrunt, aequum est ac si esset in duobus.  
This Rule hath exception grounded upon another Rule, that is, That Vigilantibus & non dormientibus iura subi eniunt. 
Com. 57 b.  Or to the same effect; V●icuiou: sua mora nocet.  
And therefore  
In causes de negligence on laches diverse droits concurrant in un person ne seront deem si come ils sussent in diverse persons.  
Where, if Tenant pur altar vie be, the remainder 
Com. St. well 372. b.  for life over to another, the remainder in see to the right heirs of the Tenant pur altar vie, If the said Tenant pur altar vie be disseised, and the disseisor levy a fine with proclamations, and the five years do pass, and after Cesti que vie dyeth; and after also dyeth he in remainder for life; he which was Tenant pur altar vie shall not have other five years after the death of the Tenant for life in remainder to pursue his right for the see simple.  
Upon like reason, if a Bishop be seized of an Aduowson in the right of his Bishopric, and the Church become void, and six months do pass; the Bishop shall not have other six months as Ordinary, the same Church being in his Diocese, as he should have if the same Church were of the Patronage of another person, although he be in one respect Patron, and in another Ordinary.  
Hitherto have we entertained discourse as touching the verity of Axioms, Rules, and Grounds; which, as hath been showed, is either necessary or contingent.  
Contingent verity was divided into two branches; the one resting upon the entendment of Law; the other being derived from the disposition and nature of humane things, by debate and discourse of reason.  
Of the first sort there are two kinds; for some propositions there are, although of themselves but only probable, yet nevertheless are supposed of such certainty, that no averment shall be received to enounter the same. Othersome, although they be by the Law intended true, Prima fancy, yet nevertheless the same Law alloweth an averment, and admitteth proof to impeach the same.  
Those moreover which rest upon discourse of reason, are subject to diverse exceptions, the material cause whereof is, the infinite variety of circumstances that in all humane actions do happen.  
The form and nature of the exception is perceived and known by this effect following; in that it restraineth the ground unto which it is connexed.  
The efficient causes are two, viz. Equity or some other Ground of the Law importing contrariety. And the end thereof is conformity and coherency of Law agreeable unto justices whose minister the Law is.  
Moreover as occasion hath been offered in the declaration of the causes from whom Exceptions of Rules do spring, there hath been showed the use 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 speak of the second principal part, concerning the form of Axioms, namely, generality: The consideration whereof, bringeth to memory, that God in his most excellen work, of the frame of transitory things, though he hath furnished the world with unspeakable variety, thereby making manifest unto all humane creatures, to their great astonishment, his incomprehensible wisdom, his omnipotent power, & his unsearchable providence, yet, being the God of order, not of confusion, hath admitted no infiniteness in nature (howsoever otherwise it seem to our weak capacities) but hath continued the innumerable variety of particular things under certain specialls; those specialls under generals; and those generals again under causes more general, lincking and conjoining one thing to another, as by a chain, even until we ascend unto himself, the first chief and principal cause of all good things. And this is that which Plato out of Homer, was wont to call jupiters' golden Chain.  
The eye whereby we do see and view, and the in ward hand whereby we do reach and apprehend these things, is man's understanding, which is wholly employed about universality as about his proper object, by means whereof, in all things rational, being discovered by the use of reason, man's understanding for the attaining of knowledge proceedeth from the effect to the cause, and again from the cause to the effect; that is from the particular to the special, and from the special to the general; and so to the more general, even to a principal and primary position or notion, which needeth no further proof, but is of itself known and apparent. And so again from such chief and primary Principles and propositions to more special and peculiar Assertions, descending even to every particular matter.  
But that, of this which hath been said, some example might be showed, especially in this matter, which we now have 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 have been derived from the observation of the nature of things, which though it be subject to manifold exceptions, yet nevertheless as a general Rule, the same is verified in many special Axioms; and they again diversely subdivided 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 altar matter cy haut.  
3 Cesty que est charge for'rs que pur parol, poet este discharge pur parol.  
Of which general Propositions there can be made no better Reason than by the commemoration of the said first aforeshewed general Rule.  
Moreover, the first of the last above remembered comprehendeth under the generality thereof certain other more special 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 altar matter 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 recovery, home ne sera discharge mes per matter cy hout: ou a tiel effect. 6. Hen. 4. 6 a.  
Under the second Rule or Ground before proposed touching a discharge where the party is charged by matter of specialty; those special Rules following are likewise comprehended.  
In nul casehome ne poit avoid single obligation, sans altar 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 saint specialty. 5. Hen. 7. 33. b. 33. Hen. 8. 51. a. Dyer.  
The first rule of these last remembered Grounds, namely, touching obligations, is again divided into diverse 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 deliver l'obligation all obliger come acquittance, & puis ceo prift de luy, & commence suit 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 Covenants, may likewise be divided into other more particular assertions: but to avoid tediousness, these already showed abundantly manifest our meaning, and therefore may suffice:  
The use of this kind of observation of the generality 
The use of general Rules and the observations of their specialls.  of Rules and Propositions is manifold.  
First, things proposed in the generality are best known and most familiar to our conceit, sith they be the proper object of our understanding, as before is declared.  
Secondly, they do better adhere and stick in memory, sith Intellective memory is (as the understanding is) employed about universal and general things.  
Thirdly, universal Propositions are the precepts of Art, and therefore they are called perpetual and and eternal: for no Art, Science, Method, or certain knowledge can or may consist of particularities: for the orderly proceeding of every Art, Methodically handled, is from the due regard had of the general, to descend unto the specialls contained underneath the same: wherefore it ensueth hereof, that general Propositions are the most speedy instruments of knowledge: for experience, which wholly is gotten by the observation of particular things (being deprived of speculation) is slow, blind, doubtful, and deceivable, and truly called the mistress offooles.   

Notes collected out of Authors touching the observation of general Propositions.  
IF perchance upon occasion of some former speeches here published touching the universality of Grounds, there be demanded this question.  
Why the Laws of England at the first and 
Question.  from time to time, had not been published after this Method of general and special Rules with their exceptions.  
I answer thereunto, that many ancient writers 
Answer 1.  attempted that kind of writing, and accomplished the same according to their several and sundry gifts more or less perfect each then other: As by the treatises of Glanvile, Braction, Britton, and others appeareth.  
Secondly I say that forasmuch as daily new questions 
2  came in debate whereof before had been 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 governed by an unwritten Law, not left in any other monument, then in the mind of man; and thence to be deduced by disceptation & discourse of reason: and that when occasion should be offered, and not before.  
Thirdly, it is more convenient and profitable to 
3  the state of the common wealth to frame Law upon deliberation and debate of reason, by men skilful and learned in that faculty, when present occasion is offered to use the same, by a case then falling out and requiring judicial determination: for than is it likely, with much more care, industry and diligence to be looked unto; and much more time of deliberation is there taken for the mature decision thereof, then otherwise upon the establishing of any positive Law, might be imparted concerning the same.  
Last of all, sith all good Laws require perspicuity 
4  and plainness; and that in generality, for the most part, lurketh obscurity; therefore there is nothing of more force and effect touching the making and framing of a good Law, than the present occasion offered, sith thereby it brought to light, that which otherwise would not as much (many times) as be thought upon, and giveth occasion to dispute that which none would have thought ever should have come in question. And therefore not without due consideration among the Romans, Disputationes fori, and with us Demurrers have ever been allowed as originals of Law.  
As touching the manifestation of Rules, all are affirmative or negative: wherein though the affirmative be, for many causes, the more worthy; yet such negation as implieth affirmation (and therefore called pregnant) is not without some use in the setting down and delivering of exceptions and general Rules. And thus much touching the form of Rules, Grounds, and Axioms.  
The efficient cause of Rules, Grounds, and Axioms is the light of natural reason tried and sifted upon disputation and argument. And hence is it, that the Law (as hath been before declared) is called reason; not for that every man can comprehend the same; but it is artificial reason; the reason of such, as by their wisdom, learning, and long experience are skilful in the affairs of men, and know what is fit and convenient to be held and observed for the appeasing of controversies and debates among men, still having an eye and due regard of justice, and a consideration of the common wealth wherein they live; for well saith Aristotle, Hoc qu dem perspicuum est, leges pro ratione Reipub. esse 
Arist. l. 3. Pol. c. 7  scrilendas. And of this reason that we speak of, Tully hath a noteable saying. Ratio est societatis humanae 
Cic. 1. Offic.  vinculum, 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 itself delivered 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 Axioms.  
Inasmuch then as Primaria efficiens causa iuris, 
Iohane● Corasius de a●e 〈◊〉 lib. 1. cap 20.  est natura & ratio civilis, ex quibus potissimum leges emanant, & veluti scaturiunt. The same nature and reason are likewise the principal and original efficient cause of the Rules, Axioms, Grounds, and Propositions of the Law; I mean Civilis ratio, that is reason respecting justice and the common wealth.  
This reason hath in the written works of the Laws of this Land, either been plainly published and expressed in the books of Law, upon deceptation of cases in debate, and left unto 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 expressly published in words, but left nevertheless employed and inclined in the cases so decided, and therein doth as it were lie hidden; and yet nevertheless to be easily, with industry collected and inferred upon those Cases decided, and doth necessarily follow upon the resolution of the same, and being thence drawn, may abundantly serve to infinite uses, in the determinating of other doubts? which daily do and may come in debate. Wherefore sith in the Law (as in other Sciences) all arguments and disputation do either consist of express proof and allegation of Authority (which are called inartificial Arguments) or else of application and inference; as well the Rules to be collected upon Inference and application of other Cases, are to be regarded and to be 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 controversy, express proof and pregnant authority can be found; the Lawyer is most beholding to Inference and Application, where with he is instructed and taught, that Cases different in circumstance, may be nevertheless compared each to other in equality of Reason; so that of like Reason, like law might be framed. And by how much Application and inference doth more depend upon wit and Art, than the producing of express Authority; by so much the more it excelleth the same, sith the Allegation of express Authority, resteth wholly upon Industry and Memory in publishing and noting that which he findeth already framed to his hand  
Express Rules, Axioms, Grounds and Positions of the former sort are published in the book of Law, either in the Latin tongue, as are the former general Rules first mentioned, and also infinite other of that kind; or else in the French; in which tongue the Reports of forepast Cases are published unto the use of posterity, and wherewith the said books of years and terms (almost in every case therein found) are fully furnished. So that all, though it shall be need esse to make manifest that by Example, which of itself is evident; yet still to pursue the former Method and order hitherunto observed, we shall easily perceive the same in this short case hereafter expressed.  
Vn home avoit a lay et ses heires le nomination del Clerke d'un Esglise a un Abbe, et le Abbe doit presenter ouster le Clerk nominate all ordinary, o'er le Roy ayant les possession del Abbey ad present son Clerke all dit Esglise estant voide sans ascun nomination. Et le opinion del Court fut, que le party que averoit le nomination, avera Quare impedit verse 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 all ascun home. Et Shelley dit que il est Instrument a chacun home: Car per luy chacun Subject ad justice a luy minister.  
The Principles, Maxims, Rules, or Grounds expressed in plain 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 verse L'incumbent sole sans a scun deste nosme Patron.  
3 Le roy ne poit este instrument all ascun home sccome son servant.  
4 Per le Roy chescun subject ad justice a luy minister.  
5 Le roy est instrument a chacun home purminister a luy justice..  
So that the Reasons of every Resolution in any book Case being reduced into short Sentences, Propositions or summary Conclusions are the Grounds Rules, and Principles that we do mean and speak of in this place.  
Such summary Conclusions, corollaries, Reasons, Grounds, or Propositions therefore as afore declared are delivered in the books of Reports in two manners.  
Sometimes without any note or mark that they are Grounds or Rules, but only as laid down 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 mark that they are Grounds, Rules, and Maxims, and are expressly invested with such names, as in the entrance of this treatise hath appeared. And thus much of the Grounds or Positions expressed in the books.  
Now as touching the second sort, which are to be collected, and inferred out of the Cases left reported, we plainly may perceive the notable use of such collection, in reading advisedly the Commentaries of Mr. Plowden, or other the best books of Reports; or diligently observing any notable Argument made at this day in any the Queen's Courts in matter of Demurrer, where we may not think that every case cited or alleged out of the books for proof of the Controversy, is therefore alleged because it hath express matter therein published in plain words, and tending to the resolution of the point in question: but at sometimes, and that most commonly, such proof is produced upon inference, and yet nevertheless, sufficiently pregnant to approve the matter whereunto it is rightly applied: which inference and application proceedeth wholly upon collected Rules and Axioms included in the resolution of those Cases produced although the same be not expressly spoken or published therein.  
Wherefore notwithstanding, the best means of the collection of the said Rules depending only upon Meditation, and resting wholly upon the sagacity, wit, industry, and judgement of the Student, (because every man's several conceit is in itself sundry) may best be referred unto the Student himself: yet nevertheless, shall it not be amiss here to manifest such direction therein as may be observed with some fruit.  
1 First, after the Case read, let us consider with ourselves, and meditate in our minds, to what several purposes the same case may be applied, and what matter, or several matters the resolution of the said Case can confirm. Which when we have considered of, it shall be good for our memory to commit them to writing, in manner, and according to this example following.  
Fut move si Tenant in tail d'un Manor, a que vilains' 
33. Hen. 8. 48. b. n. 1. Dyer.  sons regardant, en feoft un des vilains d'un acre per cel del Manor, et devy, comment que le Manor descend all issue in tail, uncore il ne poit seiser son villain tanque le aer● soit recover.  
Upon meditation had of this Case, what it will prove, these Propositions or Rules following may easily be collected.  
1 Lou home ad forsque un action all principal chose lafoy il naver benefit deal accessary, tanque il ad per recovery continue le principal.  
And because here the whole principal is not discontinued, but only one Acre, thereof may be collected, That  
2 Regardancy ou Apendancy nest solement all tout le Manor, mes chacun acre del demeans.  
Moreover, because the principal in this Case, viz. the Acre discontinued, cannot be recontinued without suit to be attempted against the Villain; it followeth in Reason, that he shall not be enfranchised thereby: Whence also this Axiom is to be confirmed or proved, That  
3 Necessary suit ewe verse un villain per le signor ne enfranchise le villain.  
Here of hath appeared that although none of these Propositions be expressed in the resolution of the said Case, in the book wherein the same is left reported; yet nevertheless are they necessarily employed in the resolution of the said Case, as before hath been declared.  
But if the Case so read doth consist of many points or several questions sunderly debated, every of them may likewise be sunderly and apart considered of, according to the manner before showed.  
A second means, by Inference to collect, such Rules and propositions as are before declared, is by way of Argument by Syllogism: For supposing the said Case to be denied to be Law which we have read. Let us endeavour to draw the immediate Reasons thereof into a syllogism 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 itself, by such manner of Argument, the Mayor, and first Proposition of the said syllogistical Argument, will be the general Reason of the said Case: the Minor or second Proposition, will be the particular Reason: and the conclusion will be the contracted case itself: Which also will serve as a secondary Rule to determine other Cases of equal Reason called into controversy. 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 clear Law, That  
Si un home fait fine pur un trespas dont il fut indite 
9 Hen 4. 8. a.  son boache sera estopp a dire que il nest my culpable, sil soit eint implead apres.  
But because the same is denied in Hen. 6. wee endeavouring to prove the same by syllogism, shall not only confirm it, but also exemplify our former speeches.  
Maior] Nul sera permit a denier cest iniury pur que il ad fait satisfaction, ou ad suffer punishment.  
Minor] Mes cesty que ad fait fine pur un offence ad fait ascun satisfaction et in ceo ad este puny.  
Conclusio) Il que ad fait un fine pur une trespas ou altar offence sera estopp a ceo denier apres.  
Every of these propositions be eftsoons confirmed not only with the Case before spoken (for as they do prove the Case, being the immediate Reasons thereof; so are they to be proved again by the Case as by their effect) but also with sundry other Authorities found in the books of like effect.  
A third observation of Propositions and Axioms 
3  may be drawn from the consideration of the Titleing words; or words which do yield matter of effect; whereof in the Case last remembered are such as do follow; namely.  
Fine, Estoppel, indictment, Nonculpable, Party, etc.  
And herein is to be meditated and considered what Rules may be derived and collected out of the said Case, and be referred to every of the said Titles: As namely,   

Under Fynes.  
1 FIne fait pur un offence prove, cesty que fait le fine voluntarunt, deste culpable del dit offence.  
2 Fine fait per un offence causera cesty que fait le offence que il ne ceo denier a apres.   

Under indictment, these.  
SI home soit Convince, d'un offence sur un indictment, que est all suit le Roy, il ne deniera le dit offence, sil soit apres de ceo implede all suit del Party.   

Under Estoppell, these.  
HOme sera estopp per matter de Implication que imply le contrary de son disant de Record.   

Under Non Culpable, these.  
NOn Culpable ne sera plead per ascun lou per implication il ad confess le cause del action.   

Under party, these.  
SI offence soit Commit cy bien al Roy que come all Party condemnation all suit d'vn d'eux, aydera l'auter in son suit.  
A fourth manner of observation is to refer unto 
4  every Ground or Rule so collected, a Rule, more general, so proceeding from the special Rule unto the general Reason, and from that general Reason unto a more general: As out of the said first Case may be drawn this general rule.  
Home ne sera permit a denier ceo que devant il ad 
9 Hen. 4. 8. a.  confess per implication de Record.  
Under which Ground not only, the first proposed Case of 9 Hen. 4. 8. a. may be comprehended; and diverse others of like effect and purpose, and which do concur under the said General Rule; As for example.  
He which is arraigned, after he hath pleaded either 
Stamf. 155. a. cap. 62.  in Bar or in Abatement of the Appeal whereon he was arraigned, may pled over Not guilty 
Stamf. 98. b. 22. Ed. 4. 39 b.  to the felony: Except the Bar or Plea do comprehend such matter as doth acknowledge the felony; as a Release or pardon. But if he do plead any such Plea or Bar; viz. Release, or Pardon in any Appeal or indictment, he cannot pled over Not guilty to the Felony, because thereby he confesseth the Felony by implication.  
If in a Praecipe, the Tenant say that he is Lease 
11. Hen. 4. 69. a. Culpepper.  for life, and pray in aid, the demandant saith he hath fee, which the Tenant denyeth not, and therefore he is owted of the aid: If after he will say he is Tenant for term of life, and vouch, he shall not be thereunto received.  
These Cases with many other may be comprehended under the generality of the last specified Rule, & are one in Reason, not under one immediate Reason, but under this Reason, viz. Home ne sera admit a Contradize ceo que il ad confess de Record.  
Moreover there is another Case, one in effect of Reason, with the former proposed Case, which because it is nevertheless, in circumstance more general, therefore it cannot be comprehended under the last specified Rule, as namely.  
If a man be indicted of Travers, and thereupon 
7. Hen. 4. 35. b.  be found guilty by verdict at the suit of the king; If after, the party against whom the Travers was committed, bring action for the same Travers; the other shall not plead Not guilty thereunto.  
In the former Grounds, and Cases thereupon, the party was concluded by an employed confession; but in this last Case, he is convinced by an open trial or verdict. And whosoever will comprehend both this and the former cases under one Ground or Rule, must make the same more general than 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 convinced of an offence as well by confession, as by verdict; and that as well, by implicature confession, as by express confession: Therefore every of the said former Cases may be concluded and comprehended under the ampleness of this last remembered Ground.  
A special Ground may be reduced unto a Rule or Proposition general, by seeking the Genus or general Notion of every Titling word found in the said special Ground, As for example, the said Proposition before remembered, and which hath been exemplified with Cases, was this.  
Home ne sera permit adenier ceo que devant il ad Confess per implication de Record.  
Upon the word (denier) it may be drawn more general, thus.  
Home ne sera permit de Contrary son act demesne que devant il ad conuz.  
A more general Reason whereof may again be yielded, thus.  
Seroit inconuenient que le ley alloweroit a dize, et a dedize une mesme chose de Record.  
Upon the word (Confession) these Reasons also may be assigned more general than that first ground.  
Confession de un est le plus pregnant proof que poit este encounter luy.  
A reason hereof: For, Le Confession de chacun que concerne luy mesme sera intenduray. For,  
Nul conuoit le offence melious que cesty que ad ceo comit et perpetrat.  
Upon the word (Implication) these general Rules may be proposed.  
Confession per Implication est cy sort oncounter le Party come Confession experss. For,  
Pregnant Implication est equivalent all matter express.  
Upon 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 judicial act ne sera impeach per ascun que est privy a ceo. For,  
Matter de Record est plus haut testimony in ley.  
Under the word (Fine) there was mentioned this Ground or Rule.  
Fine que est fait pur un offence prove home culpable del offence.  
Here hence these Propositions being more general, may be derived.  
Nul per Common presumption voit fair voluntary 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 special Reason, from that to a more general, until we find out the very primary ground of natural Reason, from whence all the other are derived.  
Herein this Caution is to be considered and had in mind, that in collection of Grounds and Principles out of any proposed Case, the same may be Native, and always 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 proof thereunto.  
Furthermore collection of Propositions may be drawn and reduced from all the principal places of Logical Invention.  
1 As from the Causes unto the Effect.  
2 And chose from the Effects unto their Causes.  
3 So likewise from the Consequent unto the Antecedent.  
4 And from the Antecedent to the Consequent.  
5 Moreover a Paris as from the Equal or Like  
6 Amaiors from the more likely unto that which is less probable.  
7 And again, from that which is less Likely or Probable to that which is more Probable.  
8 Finally, from the Contrary to his Contrary: sith that Eadem est ratio & proportio Contrariorum:   

Notes of Authors touching the observation of Collection of Grounds & Rules by Inference.  
THe Reasons and Causes wherefore these Propositions, Rules, and Axioms (as hath been declared first in manner as aforesaid) are not only to be considered, observed and collected, but always to be had, and carefully to be kept in memory, And the end and scope whereto they serve and tend, will manifestly appear, as well by the Observation of the right use of them, and the manifold utility and great help, which riseth by the daily meditation therein, as likewise by the consideration and amendment of some inconsiderate abuses which have crept into the daily handling of them, both in judicial places abroad, and in private exercises at home.  
The necessary use of them therefore consisteth in two parts.  
1 The one serving to the obtaining of the knowledge of the Law.  
2 The other in use and practise of the Law learned by these Propositions and Rules, reducing them, as occasion serveth to public and private behoof.  
The first is Speculative.  
This last Practic.  
As touching the first, the profit hence springing may soon be seen and discovered, if we call to our memory, that no manner faculty whatsoever to be learned by the the light of Reason, can consist or be comprehended by the capacity of man's understansting, except (as before also in part hath appeared) it be furnished with certain Assertions, Precepts, Rules, and Propositions, and the same adorned with these two qualities, Universality and Verity. And as none may worthily take upon him the name of a Divine, which is ignorant of the Principles of his Science; nor any man may well arrogate the title or name of a Philosopher or Physician, who knoweth not the several Rules, whereupon, as upon sundry foundations, the said several faculties are built and erected; so none may be deemed a Lawyer, or admitted, or can give good Advise therein, which knoweth not the Precepts whereon his Art dependeth; or hath not read the determination of former doubts left reported in books, being the greatest part of the written Law in his Land; And thence, not collected Conclusions for the decisions of present and future controversies.  
Moreover seeing the Law of this Land is wholly Rational (as hath been said) wherein, as in all other Sciences, the mind of man holdeth and keepeth the former published proceeding, by apprehension and discourse, collecting primary and Secondary Conclusions and Grounds, it cannot be otherwise, but that the observation of these primary and Secondary Conclusions, must needs be the best, most approved, profitable and speedy means, for the attaining of the right, sound, and infallible knowledge of the said Laws.  
And if there be any way extant, or to be found by man's wisdom, to purge the English Laws, 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 overcharged, so that the coherency, constancy, and conformity thereof, is almost utterly lost, and not without some blemish and reproach of our Nation and Commonwealth, in manner clean abolished; Surely, as to me seemeth, there is likelihood by that way and means to bring the same to pass, or by none. For, by Rules and Exceptions, all Sciences are and have been published, put down and delivered: out of Rules and Exceptions, a method is framed, by which means men may view a perfect plot of the coherence of things: Even as in a large spread tree, from the lowest root to the highest branch; from the most ample and highest General, by many degrees of descent, as in a Pedigree or Genealogy, to the lowest special and particular; which are combined together as it were in a consanguinity of blood and concordancy of nature.  
And yet therewithal perusing the particular differences and degrees of distinction between them, in all the course of humane studies, there is none that doth more commend unto our cogitations the wonderful force of man's wisdom, then doth this discourse which treateth of the Principles, Grounds, Rules, and Originals of Law and justice, being the chain of humane society, without the which it cannot consist; and which, besides the exceeding pleasure that the consideration thereof breedeth in the well affected mind, is able to bring us speedily to ripeness and maturity in that profession. For, Principium est dimidium totius, saith Aristotle.  
Short refined reasons of long perplexed Cases, do, through their soundness, satisfy our judgements, through their brevity and shortness, wonderfully delight the mind, through their pithiness, they may be deemed incomparable treasures, yielding a great show of wit, and wonderfully sharpening our understanding, of infinite use, in all humane affairs, containing much worth in few words, no burden to memory, but once obtained, are ever retained.  
Sith all Sciences do tend to Verity (as hath been before often affirmed, which is the object of the intellectual part of our mind; 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 unfitly said the Poet,  
Foelix qui potuit rerum cognoscere causas.  
Then must the right and due observation of these and such like Principles containing the Causes of things, be a direction to conduct and lead us to the knowledge of that faculty and science, whereof they are Principles. For from hence all artificial Demonstrations are, and have been drawn and deduced.  
To adhere therefore and wholly to respect particular cases, without any observation of the general Rules and Reasons, and to charge the memory with infinite singularities, is utterly to confound the same; a labour of unspeakable toil, and wherein we shall never free us from confusion; but engender in ourselves, that wrong opinion which many have (amiss) entertained, that there is nothing certain in our Laws.  
Finally, if the Law be every man's inheritance borne under the same, as notably (besides our own Laws) saith the Prince of Orators, Tully: Maior 
M. T. Cicero pro Ceci●a.  haereditas venit unicuique nostrum à iure et legibus, quam ab iis 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 men's inheritance should be certain both for the private repose of the people, and public good and quiet of the Common wealth. We must needs think the Law of this Land full of defect, except we think and deem it to be (as indeed it is) certain.  
Who then can, without the consideration of these universal Maxims, Propositions, Rules, and Principles, wherein certainty is alone contained, attain unto the certain knowledge thereof? for as it hath been truly published; Principiorum est unumquodque sibi ipsi fides; Insomuch that cum negantibus ea, non est dsputandum. 10. Eliz. 271. a. Dyer, 26.  
Hitherto hath been spoken what profit the careful consideration and observation of Principles, Rules, and Maxims of the Law of this Realm doth give us, and what assistance we may find 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 manage and practise the same Laws, and to what use this observation therein likewise serveth.  
Two kinds of Arguments are noted by Morgan.  
Ily sont deux principall choses sur que Arguments 
Com. Colthurst.  poient este fait S. nostre Maxims, & reason, lafoy Mere de touts Leyes etc. I think by the later of these, the use of Argumentation upon reasons drawn from the Logical places of invention, are to be understood; As namely to argue and reason in cases of debate, from the causes, effects, parts, consequents, mischiefs, and inconveniences and such like; which aptly may be called natural reason, because all Art therein observed, is but the imitation of nature: which kind or course of Argument, is much used in ancient books, when as there were fewest books of reports extant.  
But by the former of these two specified kinds of Arguments, is meant as manifestly appeareth, the help, Grounds, and Maxims do yield in that kind. For the understanding therefore of the right use thereof, it behooveth to consider, that the same wholly doth consili in the apt and convenient application of the said Rules, unto such particular cases daily falling in debate, as may be comprehended under the generality of the same Rules, and may in every respect berightly reduced thereunto; so that the Rule might serve as a well-grounded reason of the matter called in question.  
To this effect the Author of the Dialogues between the Doctor and Student, after he had at large spoken of the credit and supposed certainty of a Principle or Maxim of the Laws of this Land, addeth further that such Maxims be not only holden for Law, but also other cases like unto them, and all things, that necessariy follow upon the same, are to be reduced to the like Law.  
A second use of the observation of Principles in Argumentation may be this.  
We are taught (as saith Aristotle) and as likewise hath afore been remembered, by the election of Principles to abound in matter fit for Argumentation. Our propositions may be framed as parts of Syllogism, or as antecedent Propositions of Enthymemes, by which form of Arguments, this profit and commodity is reaped, that he which rightly useth the same, in proof or disproof of any proposed matter shall not need to fall into any unnecessary and extravagant matter, or digress from the point that hehath in hand. For if the parts of our argument so to be concluded, do 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 have before showed, that by reducing a case to a Syllogism, we might find some of the principal 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 confirm one case, so likewise establish all other special cases, which shall happen to concur in equal and like reason, or be reducible to, or under, the generality of the said Proposition.  
And although the Lawyer be not tied to this short course of Argument current in schools, yet in whatsoever large discourse of Argument, if this form be respected, though amplified and enlarged with Prosyllogismes, after the manner of Rhetoritians or Orators, it will yield the fruit aforce remembered. There are in our books extant of both, as namely, by Conisby, to prove that a man might grant his lease for years without Deed, useth this plain and express Syllogism; whereof every Proposition being a Ground and Principle in the Law, the conclusion 
14. Hen. 7. 3. b.  necessarily doth follow.  
1 Mayor) Chose que ico poy prender in lease sans fait poiet passer horse de moy sans fait.  
2 Minor) Et un lease de terre pur term d'anus est bon sans fait.  
3 Conclusio) Ergo per mesme le reason il poit passer horse del Lessee, & ceo sans fait.  
Likewise a question grew whether the heir or executor were to have a furnace fixed unto the soil, 
20 Hen. 7. 13. b.  or such chattels as were annexed to the freehold after the death of the Testator, or no; where the Reporter putteth down the opinion of Reed chief justice, Fisher, and Kingsmill, that the executors should not have the same under the frame of this form of Syllogism; whereof every Proposition is a Rule of Law.  
1 Mayor) Ceux choses que ne poient este forfeit per utlary in personal action, ne este attach in Assize ne distrain 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 covering de un lict merisme, ou board annex all franktenant, ou house & fenesters, & auters tiels semblables queux sont annex all franktenement, & sont fait, pur un profit del inheritance, ne poient este forfeit per utlary, ne attach, ne distrain.  
3 Conclusio) Ex consequenti sequitur que executours naveront tiels choses.  
As touching the second sort of Argument by Syllogism, in the Commentaries of Plowden the same is very frequent and usual. And herein to take example out of the first case, because it first cometh to memory, All the said Argument of Griffith in the case of Foggosa, may be reduced into this Syllogism set forth in the entrance thereof.  
Maior) Chascun agreement covient este perfect, plein & compleite.  
Minor) Et le evidence icy ne prove 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, until the end of the argument; where at last it is expressed in this manner.  
Conclusio) Et issint le agreement est imperfect a donor action pur le subsidy per que le agreement intent per le statute nest accomply.  
The Mayor Proposition is amplified with this Prosyllogisme.  
Car agreement concernant personal choses, est un mutual assent des parties, & doit este execute oue un recompense, ou auterment doit este cy certain & sufficient que doit donor action, ou altar remedy pur recompense, & sil issent nest, donquene sera dit agreement mes plus tost un nude communication.  
And this Proposition he proveth by the cases thereafter by him alleged.  
The Minor Proposition of the first Syllogism is there enlarged where he further addeth.  
Et issint in nostre case entant que estatute de an. 1. Regis nunc, cap. 3. etc. until the end of the case.  
The like may be observed in every good and effectual argument; but we stand not upon example.  
A third profit may be considered herein: for manytimes it falleth out, that we perceive a coherence and likeness between diverse and sundry cases, which therefore we know are appliable to our purpose; and yet nevertheless, except we draw the unity of reason so found and considered in the said cases, unto a short sentence, Ground, Rule, or Proposition, wherein they may concur, and do agree; we shall be driven with long circumlocution and many words, to make manifest our meaning in the allegation of the same, especially if the cases do not concur and agree in one mediate reason or likeness, but are upon some conformity further off, to be resembled each to other. As for example.  
Le Roy ne poit arrest un home de suspition de treason 
1. Hen. 7. 4. b.  ou felony, luy mesme, come un subiect poit fair, pur ceo que si il fait tort in ceo pheasant, le party issint injury ne poit aver action envers luy.  
Si home soit in debt a un sur contract sans specialty; 
49. Ed. 3. 5. a. 50 Assis. p. 1. 9 Eliz. 262.  si apres cesty a que le dit est due soit utlaye in action personal, le Roy naver cest dett pur l'utlary a luy forfeit, pur ceo que donque le defendant perderoit le benefit del lay gager que il poit aver in suit de ceo comence verse luy per le Creditor.  
Coment que lestatute de W. 2. cap. 3. done resceit 
25. Ed. 3. 48. a. b. Com. Walsingh.  a cesty in le reversion generalment uncore si le Tenant pur vie soit, ou le Roy ad le reversion; & il estant implede fúit default a pres default, le Roy ne sera receive come common person seroit. Car, sur le resceit, le demandant doit connter vers cesty que est receive, Mes issent ne poit a scun counter verse le Roy, ne luy sure, mes per petition; Et pur ceo, si le Roy seroit resceiue le breve, le demandant abateroit maintenant, et pur cest mischief, all demandant le Roy ne sera resceive: mes son droit sera sabe per altar mean.  
These three cases greatly do differ both in the circumstance of matter, & in the immediate reasons, and yet nevertheless have some resemblance, and a kind of conformity and likeness, between them each to other.  
1 First they all concern the King.  
2 Secondly the King in every of them is restrained from that power or benefit that his subject hath. For  
1 In the first, he cannot arrest one as his subject may.  
2 In the second he shall lose that debt which his subject, in whose right he claimeth it, should recover.  
3 In the third he shall not be received where the subject might.  
And lastly in every of these cases, if the King should be admitted to do as a common person might, the subject in suit with him should sustain great prejudice. For  
1 In the first he should not be permitted to punish the injury done to his person.  
2 In the second he should lose the benefit of waging his Law. And  
3 In the third and last have his Action debated without his default.  
The likeness of which cases cannot so well be conceived without many words, except we reduce unto some general Axiom the unity and resemblance of reason found in them. And therefore this Proposition without more might have sufficed for all.  
Where the subject by reason of some Prerogative that is in the King, should otherwise be put to a prejudice; there the king shall not be allowed that benefit which every of his subjects by law enjoyeth.  
In which general Axiom or Rule, a general reason of all the said several Cases doth equally concur.  
By this observation we may reap likewise a fourth commodity, after this manner. All the Reports do consist of particular Cases Every particular Case hath his several Circumstance. Circumstances are singular, and hardly retained in memory. For, true is that sentence, which Bracton hath borrowed 
Bracton li. 1. cap. 1. 〈◊〉. 3.  out of the Civil Law, Omnia habere in memoria, ct in nulio errare, divinum est potius quam humanum. Wherefore when the Case is out of memory, and the circumstances thereof quite forgot, the Reason yet remaineth, and is had in memory. For, Memoria Intellectiva est universalium, ut 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 
Math. Gribal dus deratione study Juris lib. 1. cap. 4.  sufficiat, sed cursit diligentius inquiratur. So that he which by observation of these Grounds and Principles, remembreth but the reason (as he easily may) shall so sufficiently resolve all doubts of like degree, as if he had remembered the express Cases from which the same Reason is deduced. Although in argument, I confess not only the General Reasons, but likewise the special Cases are as proofs produced and alleged.  
Lastly, sith the chosen and collected Propositions and Principles in manner as aforesaid, for our better use behooveth to be committed to writing; we may easily without great trouble, by disposing of them orderly, frame a Directory, in manner either of a methodical Treause, or of an Alphabetical Table, fit and convement both for the speedy finding of that we would seek, and the ready having 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, Axioms, Grounds, and Maxims: and of the scope and end whereunto they tend in managing of our Laws, as well for the behoof of the Student, and for the use of the Practiser. And now remaineth that a few words be said to forewarn both, of certain abuses ordinarily bred herein.  
1 The first Abuse is, that neither the Ground often times produced doth come near the Reason of the Case, in question; nor the Cases alleged to prove and fortify that Ground, do directly confirm the same. A fault very usual in public exercises; and may be redressed if we do call to mind that any Case alleged ought not to be wrested to prove the Rule or Ground alleged; but the Rule, Ground, or Principle ought to be the very immediate or secondary reason of the Cases whence, it is drawn, and which Cases are brought to confirm the same, in such sort that all the Cases alleged do concur in equality of reason, likeness, and proportion; and in full proof of the Principle so produced. And that the Ground or Principle be a reason of the question in variance, to subvert or confirm the same. Wherein also let this be weighed, that a few Principles cannot sufficiently serve to supply all occasions in that behalf, but the same must be drawn and deduced of all Causes, Titles, and matters in the Law fit for argument and ves.  
2 A second principal oversight is this. Many to prove their opinion in the controversy proposed, frame their reason rightly from some notable Ground, and known Principle or Rule, which though it be well applied, yet not regarding the manifold Exceptions whereunto the same Principle is subject, they do set it forth so general, that it giveth their adversary some cause of challenge and cavil thereunto, by objecting some instance or cases upon exception of the said Rule: and thereby doth not only seem to enfeeble the same, in showing the fallacies thereof; but sometime in show, 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 needless use of them. For sometimes the obscurity of the Cause, may require some other manner of argument, drawn from places of invention, which may content and satisfy the mind of the hearers much better. And sometimes the clearness of the matter itself, needeth not such preparation of proof and confirmation of those Principles and Rules. For than is the most and best of them, when that both Propositions and Cases to confirm the same, have great coherence with the question; when both the circumstance of the Case in question, and the cause of doubt, do give occasion to use them; so that which thereby is affirmed, may rightly be reducible to the purpose.  
4 Finally, it sometimes falleth out to be a fault overmuch to abound in well doing. Omne Nimium vertitur in vitium, saith the Proverb; for sundry times it happeneth, that it is very convenient and direct to the matter to make argument upon a well applied 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 endeavour herein deserveth high commendations: yet more convenient were it, that their pains were less. For to what purpose behooveth it, to heap Case upon Case, as it were one on the neck of another, Pelion upon Ossa? Whereas many probable reasons, though confirmed with few good Cases, breed greater contentation to the hearer, by reason of the several proof made thereby then many Cases.   
FINIS.   

THE USE OF THE LAW.  
Provided for Preservation OF  

Our  


Persons.  
Goods, and  
Good Names.     
According to the Practice OF The Laws and Customs of this Land.  
LONDON.  
Printed for BEN: FISHER, and are to be sold at his Shop without Aldersgate, at the Sign of the Talbot. 1629.   

A Table of the Contents of this ensuing Treatise.  

Folio.  
WHat the use of the Law principally consisteth in, Fol. 1.  
Surety to keep the Peace, fol. ibid.  
Action of the case, for Slander, Battery, etc. fol. 2.  
Appeal of Murder given to the next of kin, 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 felony. fol. 4.  
The Office of the Constable, fol. ibid.  
Two high Constables for every Hundred, and One petty Constable for every Village, fol. 5.  
The Kings-Bench first instituted, and in what matters they anciently had jurisdiction in, fol. 6.  
The Court of marshalsea erected, and its jurisdiction within 12. miles of the chief tunnel of the King, which is the full extent of the Verge, fol. 7.  
Sheriff's turn instituted upon the Division of England into Counties, the charge of this Court was committed to the Earl of the same County, fol. 7.  
Subdivision of the County Court into Hundreds, fol. 8.  
The charge of the County taken from the Earls, and committed yearly to such persons as it pleased the King. fol. ibid.  
The Sheriff is judge of all Hundred Courts not given away from the Crown, fol. 9  
County Court kept monthly by the Sheriff, fol. ib.  
The Office of the Sheriff, 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 inquire of in Leets and Law days, fol. 11  
conservators of the Peace and what their Office was, fol. 12  
conservators of the Peace by virtue of their Office, fol. 13  
justices of Peace ordained in lieu of conservators. Power of placing and displacing of justices of Peace by use deligated from the King to the Chancellor, fol. ibid.  
The power of the justice of Peace to fine the Offenders to the Crown, and not to recompense the party grieved, fol. ibid.  
Authority of the justices of Peace, through whom run all the County services to the Crown, fol. 14  
Beating, kill, burning of Houses, fol. ibid.  
Attachments for surette of the Peace, fol. ibid.  
Recognizance of the Peace delivered by the justices at their Sessons, fol. 14  
Quarter Sessions held by the Iust. of Peace, fol. 15  
The authority of justices of the Peace out of their Sessions, fol. 16  
judges of Assize come in place of the ancient judges in Eyre, about the time of R. 2. fol. 17  
England divided into six Cicuits, and two learned men in the Laws, assigned by the King's commission to ride twice a year through those Shires allotted to that circuit, for their try all of private titles to Lands and goods, and all Treasons and Felonies, which the County Courts meddle not in, fol. ibid.  
The Authority of the judges in Eyre translated by Parliament to justices of Assize, fol. 18  
The Authority of the justices of Assizes much lessened by the Court of Common Pleas, erected in H. 3. time, fol. ibid.  
The justices of Assize have at this day five Commissions by which they fit, viz. 1. Oyer and Ternier, 2. Goal Delivery, 3. To take Assizes, 4. To take Nisi Prius, 5. Of the Peace, fol. 19  
Book allowed to Clergy for the scarcity of them to be disposed in Religious Houses, fol. 22  
The course the judges hold in their Circuits in the Execution of their Commission concerning the taking of Nisi Prius. fol. 26  
The justices of the Peace and the Sheriff, are to attend the judges in their County, fol. 27  
Of Property of Lands to be gained by Entry, f. 28  
Land left by the Sea belongeth to the King, fo. 29  
Property of Lands by Descent, fol. 30  
Three rules of Descent, fol. 31  
Customs of certain places, fol. 32  
Every Heir having Land is bound by the binding Acts of his Ancestors, if he be named, fol. 33  
Property of Lands by Escheat, fol. 34  
In Escheat two things are to be observed, fol. 35  
Concerning the tenure of Lands, fol. ibid.  
The reservations in Knight's service tenure, is four, fol. 36  
Homage, and Fealty, fol. 38  
Knight service 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 money's rents, fol. 40  
Ancient Demean, what? fol. ibid.  
Office of Alienation, fol. 41  
How Manors were at first created, fol. 42  
Knights service Tenure reserved to common persons, fol. ibid.  
Soccage Tenure reserved by the Lord, fol. 43  
Villeinage or Tenure by Copy of Court Roll, fol. 44  
Court Baron, with the use of it, fol. 45  
What Attainders shall give the Escheat to the Lord, fol. ibid.  
Prayer of Clergy, fol. 47  
He that standeth mute forfeiteth no Lands, except for Treason, fol. ibid.  
He that killeth himself forfeiteth but his Chattels fol. 47  
Flying for Felony, a forfeiture of goods, fol. ibid.  
Lands entailed, Escheat to the King for Treason, fol. 48  
A person Attainted may purchase, but it shall be to the King's use, fol. 50  
Property of Lands by Conveyance is, first distributed into Estates for Years, for Life, entail and Fee-simple, fol. 52  
Lease for years go to the Executors and not to the Heirs, fol. ibid.  
Leases, by what means they are forfeitable, fol. 53  
What Livery of Seizen is, and how it is requisite to every estate for life, fol. 54  
Of the new device called a Perpetuity, which is an Entail with an addition, fol. 58  
The inconueniencies of these Perpetuities, fol. 59  
The last & greatest Estate in land is Feesimple, 60  
The difference between a Remainder and a Reversion, fol. 61  
What a Fine is, fol. 62  
What Recoveries are, fol. 63  
What a Use is, fol. 66  
A Conveyance to stand ceased to a Use, fol. 68  
Of the continuance of Land by Will, fol. 70  
Property in Goods, 1. By Gift, 2. By Sale, 3. By Stealing, 4. By Waving, 5. By Straying, 6. By Shipwreck, 7. By Forfeiture, 8. By Executorship, fol. 78  
By Letters of Administration, fol. 88  
Where the Intestate had Bona notabilia in diverse Diocese, than the Archb shop of that Province where he Died is to commit Administration, fol. 89  
An Executor may refuse the Executorship before the Bishop, if he have not intermeddled with the Goods, fol. ibid.  
An Executor ought to pay, 1. judgements, 2. Stat. Recogn. 3. Debts by Bonds and Bills sealed, 4. Rent unpayed, 5. Servant's wages, 6. Head-workmen, 7. Shop-book, and Contracts by word fol. ibid.  
Debts due in equal degree of Record, the Executor may pay which of them he please before suit be commenced, fol. 90  
But it is otherwise with Administrators, fol. 91 Property by Legacy, fol. 92  
Legacies are to be paid before debts by Shop-books, Bills unsealed, or Contracts by word, fol. ibid.  
An Executor may pay which Legacy he will first. Or if the Executors do want they may sell any Legacy to pay Debts, fol. 93  
When a Will is made and no Executor named, Administration is to be committed Cum restamento annexo. fol. ibid.    

THE USE OF THE LAW, And wherein it Principally Consisteth.  
THE Use of the Law, consisteth principally in those Three things:  

1 To secure men's persons from Death and Violence.  
2 To dispose the property of Goods and Lands.  
3 For preservation of their good Names from shame and Infamy.   
FOr safety of persons, the Law provideth, 
☞ Surety to keep the Peace.  that any man standing in fear of another, may take his Oath before a justice of Peace, that he standeth in fear of his life, and the justice shall compel the other to be bound with Sureties to keeps the Peace.  
If any man Beat, wound or maim 
☞ Action of the Case, for Slander, Battery, etc.  another, or give false scandalous words that may touch his Credit, the Law giveth thereupon an action of the Case, for the slander of his good name; and an Action of Battery, or an appeal of Maim, by which recompense shall be recovered, to the value of the hurt, damage or danger.  
If any man kill another with malice, 
☞ Appeal of Murder given to the next of kin.  the Law giveth an appeal to the wife of the dead, if he had any, or to the next of kin that is Heir in default of a Wife, by which appeal the Defendant convicted is to suffer Death, and to lose all his Lands and Goods; But if the Wife or Heir will not sue or be compounded withal, yet the King is to punish the offence by Indictment or Presentment of a lawful inquest and trial of the Offenders before competent judges; whereupon being found guilty, he is to suffer Death, and to lose his lands and goods.  
If one kill another upon a sudden 
☞ Manslaughter, and When a forfeiture of Goods, and When not.  quarrel, this is Man slaughter, for which the Offender must dye, except he can read; and if he can read, yet must he lose his goods, but no lands.  
And if a man kill another in his own defence, he shall not lose his Life, not his Lands, but he must lose his Goods; except the party slain did first assault him, to kill, rob, or trouble him by the Highway side, or in his own House, and then he shall lose nothing.  
And if a man kill himself, all his 
☞ Felon: de Se.  Goods and Chattels are forfeited, but no Lands.  
If a man kill another by misfortune, as 
☞ Felony by mischance.  shooting an Arrow at a Butt or mark, or casting a Stone over an house or the like, this is loss of his goods and Chattels, but not of his lands, nor life.  
If a Horse, or Cart, or a Beast, or any 
☞ Deodand.  other thing do kill a man, the Horse, Beast or other thing is forfeited to the Crown, and is called a Deodand, and usually granted and allowed by the King to the Bishop Almoner, as goods are of those that kill themselves.  
The Cutting out of a man's Tongue, or 
☞ Cutting out of Tongues and putting out of Eyes, made Felony.  putting out his Eyes maliciously, is Felony; for which the offender is to suffer Death, and lose his lands and goods.  

But, for that all Punishment is for Examples sake. It is good to see the means whereby Offenders are drawn to their punishment; and first for matter of the Peace.  
THe ancient Laws of England planted here by the Conqueror, were, that there should be Officers of two sorts in all the parts of this Realm to preserve the Peace:  
1. Constabularij Pacis. 2. Conservatores Pacis.  
The Office of the Constable was, to arrest 
☞ The Office of the Constable.  the parties that he had seen breaking the Peace, or in fury ready to break the peace, or was truly informed by others, or by their own confession, that they had freshly broken the peace; which persons he might imprison in the Stocks, or in his own house, as his or their quality required, until they had become bounden with sureties to keep the peace; which obligation from thenceforth, was to be sealed and delivered to the Constable to the use of the King. And that the Constable was to send to the King's Exchequer or Chancery, from whence Process should be awarded to levy the debt, if the peace were broken.  
But the Constable could not arrest any, nor make any put in Bond upon complaint of threatening only; except they had seen them breaking the peace, or had come freshly after the peace was broken. Also, these Constables should keep watch about the Town, for the apprehension of Rogues and Vagabonds, and Nightwalkers, and Euesdroppers, Scouts and such like, and such as go Armed. And they ought likewise, to raise hue and cry against Murderers, Manslayers, thieves and Rogues.  
Of this Office of Constable 
☞ 2. High Constables for every hundred.  
First, High Constables.  there were high Constables, two of every Hundred; Petty 
2ly, Petty Constables.  Constables one in every Village, they 
1. Petty Constable for every village.  were in ancient time all appointed by the Sheriff of the Shire yearly in his Court called the Sheriffs Turn, and there they received their oath. But at this day they are appointed either in the Law day of that Precinct wherein they serve, by the high Constable; or in the Sessions of the peace.  
The Sheriffs Turn is a Court very 
☞ The Kings Bench first instituted, and in what matters they anci ancuntly had Inrisatction in.  ancient, incident to his Office. At the first, it was erected by the Conqueror, and called the Kings-Bench, appointing men studied in the Knòwledge of the Laws to execute justice as substitutes, to him in his name, which men are to be named, justiciarij ad placita coram Rege assignati. One of them being Capitalis justiciarius called to his fellows, the rest in number as pleaseth the King, of late but three, Insticiarij holden by Patent. In this Court every man above twelve years of age, was to take his Oath of Allegiance to the King, if he were bound, than his Lord to answer for him. In this Court the Constables were appointed & sworn; breakers of the peace punished by fine and imprisonment, the parties beaten or hurt recompensed upon complaints of damages, All appeals of Murder, Maim, Robbery decided, contempts against the Crown, public annoyances against the people, Treasons and Felonies and all other matters of wrong, betwixt party and party for Lands and goods.  
But the King seeing the Realm grow 
☞ Court of Marshalsee erected, and its Jurisaiction within 12. miles of the chief Tunnel of the King, which is the full extent of the Verge.  daily more and more populous, and that this own Court could not dispatch all: did first ordain that his Marshal should keep a Court, for Controversies arising within the Verge. Which is within xii. miles of the chiefest tunnel of the Court, which did but ease the King's Bench in matters only concerning debts, Conenants and such like, of those of the King's household only, never dealing in breaches of the Peace, or concerning the Crown by any other persons, or any pleas of Lands. Insomuch, as the King for further ease having divided this Kingdom into Counties, and committing the Charge of every County to a Lord or Earl; did direct, that those Earls within their limits should look to the matter 
Sheriffs Turn instituted upon the division of England into Counties, the charge of this Court was committed to the Earl of the same County, this was likewise called Curia Visus fra. pleg.  of the peace, and take charge of the Constables, and reform public annoyances, and swear the people to the Crown, and take pledges of the Freemen for their Allegiance, for which purpose the County did once every year keep a Court, called the Sheriffs Turn. At which all the County (except Women, Clergy, Children under 12. and not aged above 60.) did appear to give or renew their pledges for Allegiance. And the Court was called, Curio Franciplegij, A view of the pledges of Freemen; or, Turnus Comitatus.  
At which meeting or Court, there fell 
☞ Subdivision of the County Court into Hundreds.  by occasion of great Assemblies much bloodshed, scarcity of Victuals, Mutinies and the like mischiefs; which are incident to the Congregations of people, by which the King was moved to allow a subdivision of every County into Hundreds, and every Hundred to have a Court, whereunto the people of every Hundred, should be assembled twice a year for survey of Pledges, and use of that justice which was formerly executed in that grand Court for the County; and the Court or Earl appointed a Bailiff under him to keep the hundred Court. But in the end, the Kings of this Realm found it necessary to have all execution of justice immediately for themselves, by such as were more bound than Earls 
The charge of the County taken from the Earls, and committed yearly to such persons as it pleased the King.  to that service, and readily subject to correction for their negligence or abuse; and therefore, took to themselves the appointing of a Sheriff yearly in every County calling, them Vicecomit. and to them directed such writs and precepts for executing justice in the County, as fell out needful to have been dispatched, committing to the Sheriff Custodium Comitatus; by which the Earls were spared of their toils and labours, and that was laid upon the Sheriffs. So 
The Sheriff is Judge of all Hundred Courts not given away from the Crowns.  as now, the Sheriff doth all the King's business in the County, and that is now called, the Sheriffs Turn; that is to say, he is judge of this grand Court for the County, and also of all Hundred Courts not given away from the Crown.  
He hath another Court, called the 
☞ County Court kept monthly by the Sheriff.  County Court, belonging to his office, wherein men may sue monthly for any debt or damages under 401. and may have writs for to replevie their cattle distrained and impounded for others, and there try the cause of their distress; and by a writ called justicies, a man may sue for any sum, and in this Court the Sheriff by a writ, called an Exigent, doth proclaim men sued in Courts above, to render their bodies, or else they be Outlawed.  
This Sheriff doth serve the King's 
☞ The Office of the Sheriff.  writs of Process, be they Summons, Attachments to compel men to answer to the Law, and all writs of execution of the Law, according to judgements of Superior Courts, for taking of men's Goods, Lands, or Bodies as the cause requireth.  
The Hundred Courts, were most of 
☞ Hundred Courts to whom they were at first granted.  them granted to Religious Men, Noble men, others of great place. And also many men of good quality have attained by chance, and some by usage within Manors of their own liberty of keeping. Law days, and to use their justice appertaining to a Law day.  
Whosoever is Lord of the Hundred 
☞ Lord of the Hundred to appoint two High Constables.  Court, is two appoint two high Constables of the Hundred, and also is to appoint in every Village, a petty Constable with a Tithingman to attend in his absence, and to be at his Commandment when he is present in all services of his office for his assistance.  
There hath been by use and Statute Law (besides surveying of the Pledges of Freemen and giving the oath of Allegiance, and making Constables, many addictions of powers and authority given to the Stewards of leets and lawdays to be put in ure in their Courts; as for example, may punish Innkeepers, Bakers, Butchers, Poulterers, Fishmonger, and Tradesmen of all sorts, selling with under weights or measures or excessive prizes, or things unwholesome, or ill made in deceit of the people. They may punish those that do stop straiten or annoy the high ways, or do not according to the provision enacted repair or amend them, or divert water courses, or destroy frey of Fish, or 
Of what matters they inquire of in leets and Law days.  use engines or nets to take Dear, Coneys, Pheasants or Partridges, or build Pigeon houses; except he be Lord of the Manor, or Parson of the Church. They may also take presentment upon Oath of the xii sworn jury before them; but they cannot try the Malefactors, only they must by Indenture deliver over those presentments of felony to the judges, when they come their circuits into that County. All those Courts before mentioned are in use, and exercised as Law at this day, concerning the Sheriff's Law days and leets, and the offices of High Constables, pettie-Constables, and Tithingmen; howbeit, with some further addictions by Statute laws, laying charge upon them for taxation for poor, for Soldiers and the like, and dealing without corruption and the like.  
Conservators of the Peace were in ancient 
☞ conservators of the Peace called by the Kings writ for term of their lines, or at the King's pleasure.  times certain, which were assigned by the King to see the Peace maintained, and they were called to the Office by the the King's writs, to continue for term of their lives, or at the King's pleasure.  
For this Service, choice was made of 
☞ conservators of the Peace & what their Office was.  the best men of calling in the County, and but few in the Shire. They might bind any man to keep the Peace and to good behaviour, by Recognizance to the King with sureties, and they might by Warrant send for the party, directing their warrant to the Sheriff or Constable, as they please, to arrest the party and bring him before them. This they used to do, when complaint was made by any, that he stood in fear of another, and so took his Oath; or else, where the Conseruator himself did without oath or complaint, see the disposition of any man inclined to quarrel and breach of the Peace, or to misbehave himself in some outrageous manner of force or fraud. There by his own Discretion he might send for such a fellow, and make him find Sureties of the peace or of his good behaviour, as he should see cause; or else commit him to the Goal if he refused.  
The judges of either Bench in Westminster, 
☞ conservators of the Peace by virtue of their Office.  Barons of the Exchequer, Master of the Rolls, and justices in Eire and Affizes in their circuits, were all without writ conservators of the Peace in all Shires of England, and continue to this day.  
But now at this day, conservators of 
☞ Justice's of Peace ordained in lieu of conservators. Power of placing and displacing justice. of Peace by use deligated from the K. to the Chanchellor.  the Peace are out of use; And in lieu of them, there are ordained justices of Peace, assigned by the King's Commissions in every County, which are movable at the King's pleasure; but the power, of placing & displacing justices of the Peace, is by use Deligated from the King to the Chancellor.  
That there should be justices of Peace by Commissions, it was first enacted by a Statute made 1. Ed. 3. and their Authority augmented by many statutes made since in every King's reign.  
They are appointed to keep four Sessions 
☞ The power of the Iust. of Peace, to fine the Offenders to the Crown, & not to recompense the party grieved.  every year; That is, every Quarter, one. These Sessions are a sitting of the justices to dispatch the affairs of their Commissions. They have power to hear and determine in their Sessions, all Felonies, breaches of the Peace, Contempts 
Parle Statut. 17. R. 2. Cap. 10. & v Dier 69. b. Ils ount poiar d'inquier de murder car co Felon.  and trespasses, so far as to fine the Offender to the Crown, but not to award recompense to the party grieved.  
They are to suppress Riots, and Tumults, 
☞ Authority of the Justices of the Peace, through whom run all the County services unto the Crown.  to restore Possessions forcibly taken away, to examine all Felons apprehended and brought before them; To see impotent poor people, or maimed Soldiers provided for, according to the Laws. And Rogues, Vagabonds, and Beggars punished. They are both to Licence and suppress Alehouses, Badgers of Corn and Victuals, and to punish Forestallers, regrators, and engrossers.  
Through these in effect run all the County services to the Crown, as Taxations of Subsidies, Mustering men, Arming them, and levying Forces, that is done by a special Commission or Precepts from the King. Any of these justices by Oath taken by a man that he standeth in fear that another man will beaten him, or kill 
☞ Beating, kill, burning of Houses.  him, or burn his House, are to send for the party by warrant of Attachment directed to the Sheriff or Constable, and 
Attachments for surety of the Peace.  then to bind the party with Sureties by Recognizance to the King, to keep the peace, and also to appear at the next Sessions of the Peace; at which next Sessions, when every justice of Peace hath therein delivered all their Recognizances 
Recognizance of the Peace delivered by the Justices at their Sessions.  so taken, than the parties are called and the cause of binding to the Peace examined, and both parties being heard, the whole Bench is to determine as they see cause, either to continue the party so bound, or else to discharge him.  
The justices of Peace in their Sessions are attended by the Constables & Bailiffs, 
☞ Quarter Sessions held by the justices of the Peace.  of all Hundreds and liberties within the County, or by the Sheriff or his Deputy, to be employed as occasion shall serve in executing the precepts and directions of the Court. They proceed in this sort, The Sheriff doth Summon 24. Freeholders' discreet men of the said County, whereof some 16. are selected and sworn, and have their charge to serve as the Grand jury; The party indicted is to traverse the indictment or else to confess it, and so submit himself to be fined as the Court shall think meet (regard had to the offence) except the punishment be certainly appointed (as often it is) by special Statutes.  
The justices of Peace are many in every County, and to them are brought all Traitors Felons and other malefactors of any sort upon their first apprehension, and that justice to whom they are brought, examineth them, & heareth their accusations, but judgeth not upon it; only if heo find the suspicion but light, than he taketh bond with sureties of the accused, to appear either at the next Assizes, if it be a matter of Treason or Felony; Or else at the quarter Sessions, if it be concerning Riot or mis-behavior or some other small offence. And he also bindeth to appear then those that give testimony and prosecute the accusation, all the accusers and witnesses, and so setteth the party at large. And at the Assizes or Sessions (as 
The authority of justices of the Peace out of their Sessions.  the case falleth out) he 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 party accused, seem upon pregnant matter in the accusation and to the justice to be guilty, and the offence heinous, or the Offender taken with the manner, than the justice is to commit the party by his warrant called a Mittimus to the Gaoler of the common Goal of the County, there to remain until the Assizes. And then the justice is to certify his Accusation, Examination, and Recognizance taken for the appearances and prosecution of the witnesses, so as the judges may when they come readily proceed with him as the Law requireth.  
The judges of the Assizes as they be 
☞ judge's of Assize come in place of the ancient judges in Eyre about the time of R. 2.  now become into the place of the ancient justices in Eyre. The prime Kings after the Conquest until H. 3. time especially; and after the lesser men even to R. 2. time, did execute the justice of the Realine; they began in this sort.  
The King not able to dispatch business in 
1. King's Bench.  his own person, erected the Court of King's 
2. Marshal's Court  Bench, that not able to receive all, nor meet 
3. County Courts.  to draw the people all to one place, there 
4. Sheriff's Torns.  were ordained Counties, and the Sheriffs 
5. Hundred Leets and lawdays, All which dealt only in Crown matters, but the justice in Eyre dealt in private titles of lands or goods, and in all Treasons and Felonies, of whom there were 12. in number, the whole Realm, being divided into six Circuits.  Tornes, Hundred Courts, and particular Leets, and 
The authority of Turns, leets. Hundreds, and Lawdayes, as it was confirmed to some special causes touching the public good.  Lawdayes, as before mentioned, which dealt only with Crown matters for the public; but not the private titles of Lands or Goods, nor the trial of grand offences of Treasons and Felonies, but all the Counties of the Realm were divided into Six Circuits. And two learned men well read 
England divided into six Circuits, and two learned men in the Laws, assigned by the King's Commission to ride twice a year through those Shires allotted to that Circuit, for their try all of private titles to lands and goods, and all Treasons and Felonies, which the County Courts meddle not in.  in the Laws of the Realm, were assigned by the King's Commission to every Circuit, and to ride twice a year through those shires allotted to that Circuit, making Proclamation before hand, a convenient time in every County, of the time of their coming, and place of their sitting, to the end the people might attend them in every County of that Circuit.  
They were to stay 3. or 4. days in every County, and in that time all the causes of that County were brought before them by the parties grieved, and all the Prisoners of the said Goal in every Shire, and whatsoever controversies arising concerning Life, Lands or Goods.  
The authority of these judges in Eyre, 
☞ The authority translated by Parliament to justices of Assize.  is translated by Act of Parliament to justices of Assize; which be now, the judges of Circuits, and they do use the same Course that justices in Eyre, did to proclaim their coming every half year, and the place of their sitting.  
The business of the justices in Eyre, 
☞ The authority of the justices of Assizes much lessened, by the Court of Common Pleas, erected in H. 3. time.  and of the justices 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 have been ever since and yet are begun and handled, the great suits of Lands, debts, benefices and contracts, fines for assurance of Lands and recoveries, which were wont to be either in the King's Bench, or else before the justices in Eyre. But the 
The justices of Assize have at this day 5. Comissions by which they ist.  Statute of Mag. Char. Cap. 5. is negative against it. Viz Communia placita non sequantur, Curiam nostram sed sequantur in aliquo loco Certo; which locus Certus must be 
1 Oyer and Termin. 2 Goal Delivery. 3 To take Assizes. 4 To take Nisi Pr. 5 Of the Peace.  the Common pleas, yet the judges of Circuits have 5. Commissions by which they sit.  
The first is, a Commission of Oyer and 
☞ Oyer and Terminer in which the Judges are of the Quorum, and this is the largest Commission they have.  Termnier directed unto them, and many others of the best account, in their Circuit; But in this Commission the judges of Assize are of the Quorum, so as without them there can be no proceeding.  
This Commission giveth them power to deal with Treasons, Murderers, and all manner of Felonies and Misddemeanours whatsoever; and this is the largest Commission that they have.  
The second is a Commission of Goal 
☞ Goal delivery directed only to the judges themselves, and the Clerk of the Assize.  Delivery; That is, only to the judges themselves, and the Clerk of the Assize assotiate, And by this Commission they are to deal with every Prisioner in the Goal, for what offence soever he be there. And to proceed with him according to the Laws of the Realm, and the quality of their offence; And they cannot by this Commission do any thing concerning any man, but those that are Prisoners in the Goal. The course now in use of Execution of this Commission of Goal Delivery, is this. There is no Prisoner but is committed by some justice of Peace, who before he committed took his examination, and bound his accusers and witnesses to appear and prosecute at the Goal delivery. This justice doth certify these examinations and bonds, and thereupon the Accuser is called solemnly into the Court; and when he appeareth hec is willed to prepare a Bill of indictment against the Prisoner, and go with it to the grand-Iury, and give evidence upon their oaths he and the witnesses, which he doth; and then the Grand jury write thereupon either Billa vera, and then the Prisoner standeth indicted, or else Ignoramus, than he is not touched. The Grand jury deliver these 
The mannerof the proceedings of the Justices of Circuits in their Circuits.  Bills to the judges in their Court, and so many as they find endorsed Billa vera, they send for those Prisoners, then is every man's indictment put and read to him, and they ask him whether he be guilty or not; if he 
The course now in use with the judges for the execution of the Commission of Goal delivery.  say not guilty, than he is asked how he will be tried, he answereth, by the Country. Then the Sheriff is commanded to return the names of 12. Freeholders to the Court, which Freeholders be sworn to make true delivery between the King and the Prisoner, and then the indictment is again read and the witnesses sworn, and speak their knowledge concerning the fact, and the Prisoner is heard at large, what defence he can make, and then the jury go together and consult. And after a while they come in with a verdict of guilty or not guilty, which verdict the judges do record accordingly. If any Prisoner pled not guilty upon the indictment and yet will not put himself to trial upon the jury, (or stand mure) he shall be pressed.  
The judges when many prisoners are in the Goal do in the end before they go, peruse every one. Those that were indicted by Grand jury, and found not guilty by the select jury, they judge to be quitted, & so deliver them out of the Goal. Those that are found guilty by both juries they judge to death and command the Sheriff to see execution done. To those that refuse trial by the Country, or stand mute upon the indictment, they judge to be pressed to death, some whose offences are pilfering under twelve pence value, they judge to be whipped. Those that confess their indictments, they judge to death, whipping or otherwise, as their offence requireth. And those that are not indicted at all, but their bill of indictment returned with Ignoramus by the grand jury and all other in the Goal, against whom no bills at all are, they do acquit by proclamation out of the Goal; That one way or other they rid the Goal of all the prisoners in it, But because some prisoners have their books and burned in the hand and so delivered, It is necessary to show the reason thereof. This having their books is called their Clergy, with in ancient time began thus.  
For the scarcity of the Clergy in the 
☞ Book allowed to Clergic for the scarcity of them to be disposed in Religious Houses.  Realm of England to be disposed in Religious houses, or for Priests, Deacons and Clerks of parishes, there was a prreogative allowed to the Clergy, that if any man that could read or were a Clerk, were condemned to death, the Bishop of the Diocese, might if he would claim him as a clerk, and he was to see him tried in the face of the Court.  
Whether he could read or not the book was prepared and brought by the Bishop, and the judge was to turn to some place as he should think meet, and if the prisoner could read them then the Bishop was to have him delivered over unto him to dispose of in some places of the Clergy, as he should think meet. But if either the Bishop would not demand him: or that the Prisoner could not read, than was he to be put to death.  
And this Clergy was allowable in the 
☞ Concerning the allowing of the Clergy to the Prisoner. Clergy allowed in all offences except Treason and Robbing of Churches, and now taken away by many Statutes.  ancient times and Law, for all offences whatsoever they were except Treason and robbing of Churches of their goods and ornaments. But by many Statutes made since, the Clergy is taken away for Murder, Burglary, Robbery, Purse-cutting, and diverse other felonies particularised by the Statutes to the judges, and 
1. In Treason.  lastly; by a Statute made 18. Elizabeth: 
2. In Burgiarie.  the judges themselves are appointed to 
3. Roberie.  allow Clergy to such as can read, being 
4. Purse cutting.  not such offenders from whom Clergy is 
5. Horse-stealing. and in diverse other offences particularised in several Statutes.  taken away by any Statute. And to see them burned in the hand, and so discharge them without delivering them to the Bishop, howbeit the Bishop appointeth 
By the Stat. of 18. Eliz. the judges are appointed to allow Clergy, and to see them burned in the hand, & to discharge the Prisoners without delivering them to the Bishop.  the deputy to attend the judges with a book to try whether they would read or not.  
The 3. Commission, that the judges of Circuits have, is, a Commission directed to themselves only to take Assizes by which they are called justices of Assize, and the Office of those justices is to do tied upon Writs called Assizes, brought before them by such as are wrongfully thrust out of their Lands. Of which number of writs there was far greater store brought before them in ancient times then now it is, for that men's seizons and possessions are sooner recovered by sealing Leases upon the ground, and by bringing an Ejection firm, and trying their title so, then by the long suits of Assizes.  
The 4. Commission, is commission to take Nisi 
☞ 4. Commission is to take Nisi Prius and this is directed to the two judges and the Clerks of the Assize.  Prius directed to none but to the judges themselves and their Clerks of Assizes, by which they are called justices 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 King's Bench, Common Pleas, or the Exchequer 
Nisi Prius.  here above, and the parties in their plead do vary in a point of fact; As for example, If an action of Debt or Trespass grown for taking away goods, the Defendant denieth that he took them, or in an action of the Case for slanderous words, the Defendant denieth that he spoke them.  
Then the Plaintiff is to maintain and prove them, that the obligation is the Defendants deed, that he either took the goods, or spoke the words, the Law saith, that Issue is joined betwixt them, which issue of the Fact is to be tried by a jury of Twelve men of the County, where it is supposed by the Plaintiff the prizes to be done, and for that purpose the judges of the Court do award a writ of Venire fac: in the King's name to the Sheriff of that County, commanding 
Uen fac. pr. 24. Freeholders'.  him to cause four and twenty discreet Freeholders' of his County at a certain day to try this issue joint, out of which four and twenty only Twelve are chosen to serve, and that double number is returned, because some may make default, and some be challenged upon kindred, alliance, or partial dealing.  
These four and twenty, the Sheriff doth name and certify to the Court, and withal that he hath warned them to come at the day according to their writ. But because at his first summons there falleth no punishment upon the four and twenty if they come not, they very seldom or never appear upon the first Writ, and upon their default there is another Writ 
* Distringas.  returned to the Sheriff, commanding him to 
The manner of proceeding of justices of Circuits in their circuits.  distrain them by their Lands to appear at a certain day appointed by the writ, which is the next day after the Nisi prius justiciarij nostri ad Assizas capiendas Venerint, 
The course the judges bold is their Circuits in the execution of their Commission concerning the taking of Nisi prius.  etc. of which words the writ is called a Nisi prius, and the judges of the circuit of that County in that varatis and mean time before the day of appearance appointed for the jury above, have their Commission of Nisi prius, authority to take the appearance of the jury of the County before them, and there to hear the Witnesses and proofs on both sides concerning this issue of fact, and to take the verdict of the jury, and against the day they should have appeared above, which to return the verdict read in the Court above, return is called Postea. 
Postea.   
And upon this verdict clearing the matter in Fact, one way or other, the judges above give judgement for the party for whom the verdict is found, and for such damages and costs as the jury doth assess.  
By those trials called Nisi prius, the juries and the parties are eased much of the charge they should be put to, by coming to London with their Evidences and Witnesses, and the Courts of Westminster are eased of much trouble they should have, if all the juries for trials should appear and try their causes in those Courts; for those Courts have little leisure. Now though the juries come not up, yet in matters of great weight or where the title is intricate or difficult, the judges above upon information to them do retain those causes to be tried there, and the juries do at this day in such causes come to the Bar at Westminster.  
The fifth Commission that the judges in 
☞ 5. Commission as a Commission of the Peace.  their Circuits do sit by, is the Commission of the Peace in every County of their circuit. And all the justices of the Peace having no lawful impediment, are bound to be present at the Assizes to attend the judges as occasion shall fall out, if any make default the judges may set a fine 
The Justices of the Peace and the Sheriff are to attend the Judges in their County.  upon him at their pleasure and discretions. Also the Sheriff in every shire through the Circuit, is to attend in person the judges all that time they be within the County, and the judges may fine him if he fail for negligence or misbehaviour in his Office before them; and the judges above may also fine the Sheriff for not returning sufficiently Writs before them.   

Propertie in Lands is gotten and transferred by one to another, those four manner of ways.  

1 By Entry.  
2 By Descent.  
3 By Escheat.  
4 Most usually by Conveyance.   
1 Property by Entry is, where a man 
☞ Ospropertie of Lands to be gained by Entry.  findeth a piece of Land that no other possesseth or hath title unto, and he that findeth it doth enter, this Entry gaineth a Property; this Law seemeth to be derived from this text, Terradedit filijs hominum, which is to be understood, to those that will till and manure it, and so make it yield fruit; and that is he that entereth into it, where no man had it before. But this manner of gaining Lands was in the first days and is not now of use in 
All Lands in England were the Conquerors and apprepriated to him upon the Conquest of England, and held of him except, 1. Religious and Church-lands. 2. The lands of the men of Kent.  England, for that by the conquest all the Land of this Nation was in the conquerors hands, and appropriated unto him; except, Religious and Church-lands, and the lands in Kent, which by composition were left to the former owners, as the Conqueror found them, so that no man but the Bishoprics, 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 Crown and not in him that first entereth; as it is by Land left by the Sea, this Land belongeth to the King and 
Land left by the Sea belongeth to the King.  not to him that hath the Lands next adjoining which was the ancient Sea Banks, This is to be understood of the inheritance of Lands: viz. That the inheritance cannot be gained by the first entry. But an estate of Franckiut. for an other man's life by our Laws, may at this day be gotten by entry. As a man called A. having land conveyed unto him for the life of B. dyeth without making any estate of it, there whosoever first entereth into the Land, after the decease of A. getteth the property in the Land for time of continuance of the estate which was granted to A. for the life of B. which B. yet liveth, and therefore the said Law cannot revert to him. And to the heir of A. it cannot go, for that it is not any state of inheritance but only 
Occupancie.  an estate for another man's life; which is not deseendable to the heir, except he be specially named in the grant: viz. To him and his heirs. As for the Exccutors of A. they cannot have it, for it's not an estate testamentory that should go to the Executors as goods and Chatrels should, so as in truth, no man can entitle himself unto those Lands; and therefore, the Law preferreth him that first entereth, and he is called Occupans and shall hold it during the life of B. but must pay the rent, perform the conditions, and do no waist. And he may by deed assign it to whom he please in his life time. But if he die, before he assign it over, than it shall go again to him whomsoever entereth. And so all the life of B. so often as it shall happen.  
Propertie of Lands by descent is, where 
☞ Propertie of Lands by descent.  a man hath Lands of inheritance and dyeth not disposing of them, but leaving it to go as the Law casteth it upon the heir. This is called descent of Land, and upon whom the descent 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 be no Children then the Brother, if no Brothers, than sisters, if neither Brothers nor Sisters, than Uncles, and for lack of Uncles, Ants, if none of them, than Cousins in the necrest degree of consanguinity, with these three rules of diversities. 1. That the Eldest 
Of descent 3. rules.  male shall safely inherit; but if it come to females, than they being all in an equal degree of nearness shall inherit altogether 
Brother or Sister of the half blood shall not inherit to his Brother or Sister but only as a child to his Parents.  and are called Parceners, and all they make but one heir to the Ancestor. 2. That no brother nor sister of the half blood shall inherit to his brother or sister, but as a Child to his Parents, as for example. If a man have two wives, and by either wife a son, the eldest son overliving his Father is to be preferred to the inheritance of the Father being Fee-simple; But if he entereth and dyeth without a child, the Brother shall not be his heir, because he is of the half blood to him, but the Uncle of the eldest Brother or Sister of the whole blood, yet if the eldest Brother had died in the life of the Father, than 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 descents. That land purchased by the party himself that dyeth, is to be inherited; first, by the heirs of the Father's side, then if he have none of that part by the heirs of the Mother's side. But Land descended to him from his father or mother, are to go to that side only 
Descent.  from which they came, and not to the other side.  
Those Rules of descent mentioned before are to be understood of Fee simples and not of entailed Lands, and those rules are to be restrained by some particular customs of some particular places: as namely, the custom of Kent, that every male of equal degree of Childhood, Brotherhood or kindred, shall inherit equally, 
Customs of certains places.  as daughters shall being Parceners, and in many Burrough Towns of England, the Custom alloweth the youngest son to inherit, and so the youngest Daughter. The Custom of Kent is called Ganel kind. The Custom of Boroughes Burgh English.  
And there is another note to be observed in Fee-simple inheritance, and that is, that every heir having Land or inheritance, be it by common Law or by Custom is chargeable, so far forth as the value thereof extendeth with the binding acts of the Ancestors from whom the inheritance descendeth; and these acts are colaterall encumbrances, and the reason of this charge is, Qui sentit commodum sentire debet incommodum sive onus. As for 
Every Heir having land is bound by the binding Acts of his Aneestors if he be named.  example, if a man bind himself and his heirs in an obligation or do Covenant by writing for him and his heirs, or do grant an Anuity for him & his heirs, which warranty in all these cases, the Law chargeth the heir after the death of the Ancestor with this Obligation; Covenant, Annuity, Warranty, Yet with these three Cautions. 1. That the party must by special name bind himself and his heirs, or Covenant, grant, and warrant for himself and his heirs; otherwise, the heir is not to be touched. Secondly, that some action must be brought against the heir, 
Dier. 114. Plowden.  whilst the Land or other inheritance resteth in him unaliened away; For if the Ancestor dye, and the heir before an action be brought against him, upon those Bonds, Covenants, or Warranties, do alien away the Land, than the heir is clean discharged of the Burden, except the Land was by fraud conveyed away of purpose, to prevent the suit intended against him. Thirdly, that no heir is further to be charged, than the value of the Land descended unto him, for the same Ancestor that made the instrument of charge, and that Land also not to be sold outright, but to be kept in extent and at a yearly value 
Dier. 149. Plowden. Davy and Pepps case.  until the debt or damage be run out, nevertheless, if an heir that is sure upon such a debt of his Ancestor, do not deal clearly with the Court, when he is sued; that is, if he come not immediately by way of confession and set down the true quantity of his inheritance descended, and so submit himself; therefore, as the Law requireth. Then that heir that otherwise demeaneth himself, shall be charged of his 
Heir charged for his false plea.  his own other Lands and goods, and of money for this deed of his Ancestor. As for example. If a man bind himself and his heirs in an obligation, and dyeth leaving but 10. Acres of Land to his heir, if his heir be sued upon the bond, & cometh in, and denieth that he hath any by descent, and it is found against him by the verdict that he hath 10. Acres, this heir shall be now charges by his false plea of his own lands goods and body to pay the 100l. although the 10. Acres be not worth 10l.  
Propertie of Lands by Escheat, is where 
☞ Propertie of Lands by Escheat.  the owder dyeth, seizeth of the lands in possession without child or other heir thereby the Land for lack of other heir, is said to Escheat to the Lord of whom it is holden. This lack of heir happeneth principally in two cases. 1. where the Lands owner is a 
Two causes of Escheat. First. Bastardy. Second Attainter of treason, selome.  bastard. 2. Where he is attainted of Felonic or Treason, neither can a Bastard have any heir except it be his own child nor a man attainted of Treason, although it be his own child.  
Upon Attainder of treason the King is 
☞ Treason.  to have the land although he be not the 
Attainder of treason the King though the lands be not holden of him otherwise in attainder of Felony, etc. for there the King shall have but Annum diem & vastum.  Lord of whom it is held, because it is a Royal Escheat. But for felony it is not so, for there the King is not to have the Escheat, except the Land be holden of him. And yet where the Land is not holden of him the King is to have the Land for a year and a day next ensuing the judgement of the Attainder, with a liberty to commit all manner of waist all that year in houses, gardens, ponds, lands and woods.  
In these Escheats, two things are especially 
☞ In Escheat two things are to be observed.  to be observed; the one is, the tenure of the lands, because it directeth the person to whom the Escheat belongeth: viz. the 
1. The tenure.  Lord of the Manor of whom the Land is 
2. The manner of the Attainder, all lands are holden of the Crown immediately or mediately by Mesne Lords, the Reason.  holden. 2. The manner of such attainder which draweth with it the Escheat, concerning the Tenors of Lands, it is to be understood, that all lands are holden of the Crown either mediately or immediately, and that the Escheat appertaineth to the 
Concerning the tenure of Lands.  immediate Lord, and not to the mediate. The reason why all land is holden of the Crown immediately or by Mesne Lords is this.  
The Conqueror got by right of Conquest all the land of the Realm into his own 
☞ The Conqueror by right of Conquest got all the Lands of the realm into his hands, & as he gave it he still Cap. first instituted refer●●drents and services Knights service, in  hands in demeasne, taking from every man all estate, Tenure, property and liberty 
The reservations in Knight's service tenure was 4.  of the same, (except Religious and Church lands, and the Land in Kent) and 
1. Marriage of the wards male and female.  still as he gave any of it out of his own hand, he reserved some retribution of rents or services or both, to him and to 
2. Horse for Seru.  his heirs; which reservation, is that, which 
3. Homage & ●al.  is called the tenure of Land. 
4. Primer Seisni.   
In which reservation, he had four Institutions, 
☞ The policy of the Conqueror in the reservation of services constituted gesture particulars, was to have the marriage of his Wards both Male and Female.  exceeding politic, and suitable to the state of a Conqueror.  
Seeing his people to be part Normans, and part Saxons, the Normans he brought with him, the Saxons he found here: he bent himself to enjoin them by marriages in amity, and for that purpose ordains, that if those of his noble Knights and Gentlemen, to whom he gave great rewards of Lands should dye, leaving their heir within age, a Male within 21. and a femalle within 14. years, and unmarried, than the King should have the bestowing of such heirs 
Interest of marriage goeth employed in every tenure by Knight's service.  in marriage in such family, and to such persons as he should think meet, which interest of marriage went still employed, and doth at this day in every tenure called Knights service.  
The second was to the end, that his 
☞ Reservation that his tenant should keep a horse of Service, and serve upon him himself, when the King went to wars, which is a part of that service called Knights service.  people should still be conserved in warlike exercises and able for his defence; when therefore, he gave any good Portion of Lands, that might make the party of ability or strength, he with all reserved this service. That that party and his heir having such Lands, should keep a horse of service continually, & serve upon him himself when the King went to wars, or else having impediment, to excuse his own person, should find an other to serve in his place; which service of horse and man, is a part of that service called Knights service at this day.  
But if the Tenant himself be an Infant, the King is to hold this Land himself until he come to full age, finding him meat, drink, apparel, and other necessaries, and finding a horse and a man, with the overplus to serve in the wars, as the Tenant himself should do if he were at full age.  
But if this inheritance descend upon a woman, that cannot serve by her sex, than the King is not to have the Lands, she being of 14. years of age, because she is then able to have an husband, that may do the service in person.  
The third Institution 
☞ 3. Institution of the Conqueror was that his tenant; by Knight's service vow unto loyeltie, Which he called Homage, and make unto him oath of his faith which was called Fea tie.  that upon every guilt of 
Aid money to make the King's eldest son a Knight, or to marry his eldest Daughter is likewise due to his Majesty from every one of his Tenants in Knight's service, that hold by a whole feo 20 1. and from every Tenant in Soccage if his land be worth 10. pounds per ann. 20. 5. vide N. 3. fol. 82.  Land the King reserved a vow and an Oath to bind the party to his faith and loyalty, that vow was called Homage, the oath Fcaltie; Homage, is to be done kneeling holding his hands 
1. Homage.  between the knees of 
2. Fcaltie.  the Lord, saying in the French tongue; I become your man of Life and Lands, and earthly honour. Fealty, is to take an oath upon a book, that he will be a faithful Tenant to the King and do his service, and pay his rents according to his tenure.  
The 4. Institution, 
☞ 4. Institution was for Recognizon of the King's bounty to be paid by every heir upon the death of his a ancestor, which is one years' profit of the Lands, called, Primer seissin.  was for Recognizon of 
Escuage was likewise due unto the King from his Tenant by Knight's service, when his Maiestre made a voyage royal to war against another Nation, those of his Tenants that did not attend him there for 40. days with Horse and furniture fit for service, were to be assessed in a certain sum ne by act of Parliament, to be paid unto his Majesty, which assessment is called Escuage.  the King's bounty by every heir succeeding his ancestor in those Kts. service lands, the King should have Primer seissin of the lands, which is one years' profit of the lands, and until this be paid the King is to have possession of the land, & then to restore it to the heir which continueth at this day in ule, and is the very cause of suing Livery, and that as well where the heir hath been in ward or otherwise.  
These before mentioned by the rights of 
☞ Knights Service in Capite, is a Tenure de persona Regis.  tenure, are called Knights service 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 Chief. And it's also to be noted, that as this tenure by Capite in Knight's service generally was a great safety to the Crown, so also the Conqueror instituted 
Tenants by Grand Serjantie, Were to pay relief at the full age of every heir, which was one years' value of the lands so held ultra Repriss.  other tenors in Capite necessary to his estate; as namely, he gave diverse lands to be holden of him by some special Service about his person, or by having some special Office in his house, or in the Field, which have Knights service and more in them, And these he called. Tenors 
Grand Serjantie. Petty Serjantie.  by Grand Sarjantie. Also he provided upon the first gift of Lands, to have Revenues by continual Service of Ploughing his Land, repairing his Houses, Parks pales, Castles and the like. And sometimes to a yearly provision of Gloves, Spurs, Hawks, Horses, and Hounds and the like; which kind of reservations are called also tenors in Chief or in Capite of the King, but they are not by Knight's service. But such things as the Tenants may hire another to do or provide for his money. And this Tenure is called a tenure by Soccage in Capite, the word Soccagium signifying the Plough, 
The institution of Soccage in Capite and What it is now turned into moneys reuts.  howbeit in this later time, the Service of Ploughing the land is turned into money rend, and so of Harvest works, for that the Kings do not keep their Demean in their own hands as they were wont to 
Ancient Demean Texure, What?  do, 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 ancient Demean, have many Innuities and Privileges at this day, that in ancient times were granted unto those Tenants by the Crown, the particulars whereof are too long to set down.  
These Tenors in Capite, as well as that by Soccage, as the others by Knight's service have this property; that the ancient Tenants cannot alien their Lands without licence of the King, if he do, the King is to have a Fine for the contempt, and may seize the land, and retain it until the fine be paid. And the reason is, because the King would have a liberty in the choice of his Tenant, so that no man should presume to enter into those Lands and hold them (for which the King was to have those special services done him) without the King's leave; This licence and fine as it is now digested is easy and of course.  
There is an office called the office of Alienation, whereby any man may have alicence 
☞ Office of Alienation.  at a reasonable rate, it is at the third part of one years' value of the Land moderately rated. A Tenant in Capite by 
A●ence of alienation is the third part of one years value of the land moderately rated.  Knight's service or grand Seriantie, was restrained by ancient Statute, that he should not give nor alien away more of his Lands, then that with the rest he might be able to do the service due to the King, and this is now out of 
☞ Aid, a sum of money ratably levied according to the proportion of the Lands.  use.  
And to this Tenure by Knight's Service in chief, was incident that the King should have a certain sum of money, called 
Every Tenant by Knight's Service in Capite, had to make the King's eldest Son a Knight, or tomarry his Eldest daughter.  Aid; due to be ratably levied among if all those Tenants proportionably to his Lands, to make his eldest Son a Knight; or to marry his eldest Daughter.  
And it is to be noted, that all those 
Tenants by Soccage in Cap. must sue livery and pay Primer Seisin, and not to be in Ward for body or Land.  that hold Lands by the Tenure of Soccage in Capite (although not by Knight's service) cannot alien without licence, and they are to sue livery, and pay Primer Seisin, and not to be in Ward for body or Land.  
By example and resemblance of the 
☞ How Manors were at first created. Manors created by great men in imitation of the policy of the King in the institutions of tenors.  King's policy in these Institutions of Tenors; the Great men and Gentlemen of this Realm did the like so near as they could; as for example, when the King had given to any of them two thousand Acres of Land, this party purposing in this place to make his dwelling (or as the old word is) his Mansion house; or his Manor house, did devose how he might make his Land a Complete habitation to supply him with all manner of necessaries, and for that purpose, he would give of the outtermost parts of two thousand Acres, 100 or 200. Acres or more or 
Knight's service tenure reserved to common persons.  less, as he should think meet: to one of his most trusty Servants with some reservation of rent to find a horse for the Wars, and go with him when he went with the King to the Wars, adding vow of Homage, and the Oath of Fealty, Wardship, Marriage, and relief. 
Knight's Service Tenure created by the Lord is not a Tenure by Knight's service of the person of the Lord, but of his Manor.  
Relief is 5l. to be paid by every Tenant by Knight's service to his Lord upon his entrance respectively for every Knights fee descended.  This Relief is to pay five pound for every Knight's Fee, or after the rate for more or less at the entrance of every Heir, which Tenant so created and placed, was and is to this day called a Tenant by Knight's Service, and not by his own person, but of his Manors; of these he might make as many as he would. Then this Lord would provide that the Land which he was to keep for his own use, should be ploughed, and his Harvest brought home, his House repaired, his Park pailed and the like, 
Soccage Tenure reserved by the Lord.  and for that end would give some lesser parcels to sundry others, of twenty, thirty, forty or fifty Acres; reserving the service of ploughing a certain quantity or so many calies of his Land, and certain Harvest works or days in the Harvest to labour or to repair the House, Parke, Pale, or otherwise, or to give him for his Provision, Capons, Hens, Pepper, Commin, Roses, Gillyflowers; Spurs, Gloves, or the like; or to pay him a certain rent, and to be sworn to be his faithful Tenant, which Tenure was called a soccage Tenure, and is so to this day, howbeit most of the ploughing and harvest services, are turned into money rents.  
The Tenants in Soccage 
☞ Relief of Tenant in Soccage one years rend and no wardship or other profit upon the dying of the Tenant.  at the death of every Tenant 
Aid money and Esctiage money is likewise due unto the Lords of their Tenants, ride N. 3. fol. 82. and 83.  were to pay relief, which was not as Knight's service, as five pound a Knights fee. But it was, and so is still, one years rend of the Land; and no wardship or other profit to the Lord. The remainder of the two thousand Acres he kept to himself, which he used to manure by his bondmen, and appointed them at the Courts of his Manor how they should hold it, making an entry of it into the Roll of the Remembrances of the Acts of the Court, yet still in the Lord's power to take it away: and therefore they were called Tenants at will, by Copy of Court Roll; being in truth, 
Uillenage or Tenure by Copy of Court Roll.  bondmen at the beginning, but having obtained freedom of their persons, and gained a custom by use of occupying their Lands, they now are called Coppie-holders', and are so privileged, that the Lord cannot put them out, and all through Custom. Some Coppie-holders' are for lives, one, two, or three successively; and some inheritances from heir to heir by custom, and custom ruleth these estates wholly, both for widow's estates, fines, harriots, forseitures, and alother things.  
Manors being in this sort made at the 
☞ Court Baron with the use of it.  first, that the Lord of the Manor 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 happened unto him; which is called a Court Baron, and herein a Tenant may sue for any debt or Trespass under 40 l value, and the Freeholders are to judge of the cause upon proof prosecuted upon both sides. And therefore the Free holder's of these Manors, as incident to their Tenors do 
Suit to the Court of the Lord incident to the Tenure of the Freeholders'.  hold by suit of Court which is to come to the Court, and there to judge between party and party in those petty actions. And also to inform the Lords of the duties of rents and services unpaid to him from his Tenants. By this course it is discerned who be the Lords of lands, such as if the Tenants die without heir, or be attainted of felony or Treason, shall have the Land by Escheat.  
Now concerning what attainders shall give the Escheat to the Land is to be 
☞ What attainders shall give the Escheat to the Lord. Attainders, 1. By judgement. 2. By verdict confession. 3. By outlary give the Lands to the Lord.  noted, that it must either be by judgement of Death given in some Court of Record against the Felon found guilty by Verdict, or confession of the Felony, or it must be by Outlawrie of him.  
The Out-Inwrie groweth in this sort, 
☞ Of an Attainder by Out. lawrie.  a man is Indicted for Felony, being not in hold, so as he cannot be brought in person to appear and to be tried, insomuch that Process of Capias is therefore awarded to the Sheriff, who not finding him returneth Non est inventus in Balliva mea; and therefore, another Capias is awarded to the Sheriff, who likewise not finding him maketh the same return, than a Writ called an Exigent is directed to the Sheriff, commanding him to Proclaim him in his County Court five several Court days to yield his body, which if the Sheriff do, and the party yield not his body, he is said by the Default to be Outlawed, the Coroners there adjudging him Outlawed, and the Sheriff making the return of the Proclamations and of the judgement of the Coroners, upon the backside of the writ. This is an attainder of Felony, 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 
☞ Prayer of Clergy.  Felony by verdict or confession, and praying his Clergy, preventeth the judgement of Death, and is called a Clerk convict, who looseth not his Lands, but all his Goods, Chattels, Leases and Debts.  
So a man that will not answer nor put 
☞ He that standeth mute forfeiteth no Lands, except for Treason.  himself upon trial, although he be by this to have judgement of Pressing to Death, yet he doth forfeit no Lands, but Goods, Chattels, Leases and Debts, except his offence be Treason, and then he forfeiteth his Lands to the Crown.  
So a man that killeth himself shall not 
☞ He that killeth himself forfeiteth but his Chattels.  lose his Lands, but his Goods, Chattels, Leases and Debts. So of those that kill others in their own defence, or by misfortune.  
A man that being pursued for Felony, and flieth for it, looseth his 
☞ Flying for Felony, a forfeiture of Goods.  Goods for his flying, although he return and is tried, and found not guilty of the Fact.  
So a man Indicted for Felony, if he 
☞ He that yieldeth his body upon the Exigent for Felony forseiteth his goods.  yield not his body to the Sheriff until after the Exigent of Proclamation is awarded unto him, this man doth forfeit all his goods, for his long stay, although he be found not guilty of the Felony, but is not attainted to lose his lands, but only such as have judgements of Death by trial upon verdict of their own confession, or that they be by judgement of the Coroners outlawed as before.  
Besides the Escheats of lands to the 
☞ Lands entailed, Escheat to the King for Treason.  Lords of whom they be holden for lack of heirs, and by attainder for Felony (which only do hold place in Fee-simple lands) there are also forfeiture of Lands to the Crown by attainder of Treason; as namely, if one that hath entailed Lands commit Treason, he forfeiteth the profits of the lands for his life to the Crown, but not to the Lord.  
And if a man having an estate for life of 
☞ Tenant for life committeth Treason or Felony, there shall be no Escheat to the Lord.  himself or of another, commit Treason or Felony, 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 Crown; and if it be entailed, the Lord is to have it during the life of the offender, and than his heir is to have it.  
The Customs of Kent is, that Gavil-kind land is not forfeitable nor Escheatable for Felony, for they have an old saying; The Father to the Bough, and the Son to the plough.  
If the Husband was attained, the Wife 
☞ The wife looseth no power notwithstanding the hus band be attainted of Felony.  was to lose her thirds in cases of Felony and Treason, but yet she is not offender, but at this day it is holden by Statute Law that she looseth them not, for the Husband's Felony. The relation of these forfeits are these.  
1. That men attainted of Felony or Treason by verdict or 
☞ Attainder in Felorie or Treason by verdict, confession, or outlary, forfeiteth all they had from the time of the offence committed.  Confession, do forfeit 
Of the Relation of Attainders, as to the Forfeiture of Lands and goods, with the diversity.  all the Lands they had at the time of their offence committed, and the King or the Lord whosoever of them had the Escheat or forfeiture, shall come in and avoid all Leaves, Acts, Statutes, Conveyances done by the offender, any time since the offence done. And so is the Law clear also if a man be attainted for Treason by outlawry, but upon attainder of felony by outlawry, since it hath been much doubted by the Law-bookes, whether the Lords title by escheat shall relate back to the time of the offence done, or only to the date or left of the writ of Exigent for Proclamation, thereupon he is outlawed; howbeit at this day it is ruled that it shall reach back to the time of his fact, but for goods, and chattels, and debts, the King's title shall look 
And so it is upon an attainder of outlawry, otherwise it is in the attainder by verdict, confession, and outlawry as to their relation for the forfeiture of goods and Chattels.  no further back then those goods, the party attainted by verdict or confession, had at the time of the verdict and confession given or made. And in outlawries at the time of the Exigent as well in Treasons as Felonies, wherein it is to be obsaerued that upon the parties first apprehension, the King's Officers are to seize all the goods and Chattels and preserve them together, dispending only so much out 
The King's Officers upon the apprehension of a Felon are to sesze his goods and Chattels.  of them as it is fit for the sustentation of the person in prison, without any wasting, or disposing them until Conviction, and then the property of them is in the Crown, and not before.  
It is also to be noted, that persons attainted of Felony or Treason, have no capacity 
☞ A person attainted may purchase but it shall be to the King's use.  in them, to take, obtain or purchase, save only to theuse of the King, until the party be pardoned. Yet the party giveth not back their Lands or Goods 
☞ There can be no restitution in Blood. Without Act of Parliament but a pardon enableth a man to purchase and the heir begotten after shall inherit those Lands.  without a special Patent of Restitution, which cannot restore the blood without an Act of Parliament. So if a man have a Son, and then is attainted of Felony or Treason, and pardoned, and purchaseth Lands, and then hath issue an other son and dyeth; the Son he had before he had his pardon, although he be his eldest Son, and the Patent have the words of restitution to his Lands shall not inherit, but his second Son shall inherit them. And not the first; Because, the blood is corrupted by the Attainder, and cannot be restored by Patent alone, but by Act of Parliament. And if a Man have two Sons and the eldest is attainted in the life of his Father, and dyeth without issue, the Father living, the second son shall inherit the Father's Lands, but if the eldest Son, have any issue, Though he die in the life of his Father, than neither the second Son, nor the issue of the eldest, shall inherit the Father's Lands, but the Father shall there be accounted to dye without Heir, and the Land shall Escheat whether the eldest Son have issue or not, afterward or before, though he be pardoned after the death of his Father.   

Propertie of Lands by Conveyance is, first distributed into estates, for Years, for Life, in Tail, and Fee-simple.  
FOr Estates for Years, which are commonly 
☞ Propertie of Land by conveyance divided into 1. Estates in Fees. 2. In Tail. 3 For Life. 4. For Years.  called Leases for Years, they are thus made; where the owner of the Land agreeth with the other by word of mouth, 
Lease Paroll.  that the other shall have, hold, and enjoy the Land, to take the profits thereof for a time certain of Years, Months, Weeks and days, agreed between them; and this is called a lease Paroll; such a lease may be made by writing Pole or Indented of device 
Lease by writing. Pole or indented.  grant and to farm let, and so also by fine of Record, but whether any Rent be reserved or no, it is not material, unto these 
A rent need not to be reserved.  leases there may be annexed such exceptions, conditions and Covenants, as the 
Lease for years they go to the Executors and not to the Heirs:  parties can agree of; They are called chattels Real, and are not inheritable by the heirs, but go 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 upon Statutes, Recognizances, judgements of Debts or Damages. They be also forfeitable to the Crown by Outlawry, 
Leases are to be forfeited by attainder. 1. In Treason. 2. Felony. 3. Praemunire. 4. By killing himself. 5. For flying. 6. Standing out or mute, or refusing to be tried by the Country. 7. By Conviction. 8. Petty larcerie. 9 Going beyond the Sea without Licence.  by Attainder for Treason, Felony, or Premunier, 
By what means they are forfeitable.  Killing himself, Flying for Felony although not guilty of the fact, standing out and refusing to be tried by the Country, by Coviction of Felony, without judgement, Petty larcerie, or going beyond the Sea without licence.  
They are forfeitable to the Crown, in 
☞ Extents upon Stat. Staple, Marchant, Elegit, Wardship of Body and Lands are Chattels and forfeitable in the same manner as leases for years are.  like manner as Leases for Years, or interest gotten in other men's Lands by extending for debt upon judgement in any Court of Record, Stat. Merchant, Stat. Staple Recognizances, which being upon Statutes are called Tenants by Stat. Marchant, or Staple. The other Tenants by Elegit, and by Wardship of Body and Lands, for all these are called Chattels Real, and go to the Executors and Administrators, and not to the heirs, and are soleable and forfeitable as Leases for years are.  
Lease for lives are also 
☞ Lease for life is not forfeitable by out lawry except in cases of Eclonie or Praemunire and then to the King and not to the Lord by Eseheat and it is not forfeited by any of the means before mentioned of of leases for years.  called Freeholds, they 
What Livery of Seisien is, and how it is requistie to every Estate for life.  may also be made by Word or writing, there must be Livery and Seizin givea at the making of the Lease, whom we call, the Lessor; cometh to the door, backside, or Garden; if it be a house, if not, then to some part of the Land, and there he expresseth, that he doth grant unto the taker; called, the Lessee, for term of his life: and in Seizin thereof, he delivereth to him a Turf, twig, or Ring of the door, and if the Lease 
Endorsement of Livery upon the Back of the deed and witnesses of it.  be 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 Livery of Seizin made; This estate, is not saleable 
Lease for life not to be sold by the Sheriff for debt but extended yearly.  by the Sheriff for Debt, but the Land is to be extended for a yearly value, to satisfy the Debt. It is not forfeitable by outlawry, except in cases of Felony, nor by any of the means before mentioned, of Leases for years; saving an in Attainder for Felony, Treason, Praemunire, and then only to the Crown, and not to the Lords by Escheat.  
And though a Noble man or other, 
☞ A man that hath bona Felon, by Charter shall not have the term if leaser for life be attainted.  have liberty by Charter, to have all Felons Goods; yet a Tenant holding for term of life, being attainted of Felony, doth forfeit unto the King and not to this Noble man.  
If a man have an Estate in Lands, for 
☞ Occupant.  an other man's life, and dyeth; this Land cannot go to his Heir, nor to his Executors, but to the party that first entereth; and he is called, an Occupant.  
A Lease for years or for life, may be 
☞ Of estate tails and how such an estate may be limited.  made also by fine of Record, or bargain and sale, or Covenant to stand seized upon good considerations of Marriage, or Blood, the reasons whereof, are hereafter expressed.  
entails of Lands, are created by gift; with Livery and Seizen to a man, and to the heirs of his body, this word (Body) making the entail, may be demonstrated and restrained to the Males or Females; heirs of their two bodies, or of the body of either of them, or of the body of the Grandfather.  
entails of Lands began by a Statute 
☞ By the Stat. of West. 1. made in E. 1. time estates in tail were so strengthened they were not forfeitable by any attainder.  made in Ed. 1. time, by which also they are so much strengthened, as that the Tenant in Tail cannot put, away the Land from the heir by any Act of conveyance or Attainder, nor Let it, nor encumber it, longer than his own Life.  
But the inconveniency thereof was 
☞ The great inconvenience that ensued thereof.  great, for by that means, the Land being so sure tied upon the heir as that his Father could not put it from him, it made the Son to be disobedient, negligent, and wasteful; often marrying withoutthe Father's consent, and to grow insolent in vice; knowing, that there could be no cheek of disinheriting him. It also made the owners of the Land less fearful to commit Murders, Felonies, Treasons, and Manslaughters; for that they knew, none of these acts could hurt the Heir of of his inheritance. It hindered men that had entailed Lands, that they could not make the best of their Lands by fine and improvement, for that none upon so uncertain an estate, as for term of his own life would give him a fine of any value, nor lay any great stock upon the Land, that might yield rend improved.  
Lastly, those Entails did defraud the 
☞ The prejudice the Crown received thereby.  Crown, and many Subjects of their Debts; for that the Land was not liable longer than his own life-time; which caused, that the King could not safely commit any office of account to such, whose Land were entailed, nor other men trust them with loan of money.  
These inconveniences, were remedied by Acts of Parliament; as namely, by Acts of Parliament later than the Acts of Entails, 
The Stat. 4. H. 7. and 32. H. 8 to bar estates tail by fine.  made, 4. H. 7. 32. H. 8. A Tenant in tail may disinherit his Son by a fine with Proclamation, and may by that means also, make it subject to his Debts and Sales.  
By a Statute made, 29. H. 8. A Tenant in 
26. H. 8.  tail, doth forfeit his lands for Treason; and by an other Act of Parliament, 32. 
32. H. 8.  H. 8. He may make leases good against his heir for 21. years, or three lives; so that it be not of his chief Houses, Lands, or demean, or any lease in Reversion, nor less rend reserved; then, the Tenants have paid most part of 21. years before, nor have any manner of Discharge for doing wastes and spoils, by a Statute made 33 H 8. Tenants of Entailed lands, are liable 
33 H 8.  to the King's debts by Extent, & by a Stat. made 13. & 39 Eliz. they are saleable 
13. & 39 Eliz  for the arrearages upon his account for his Office; So that now it resteth, that Entailed Lands have two privileges only, 
Ent eyles two privileges. 1 Not forfeitable for Felony. 2. lie Not extendable for the Debts of the party after his death Proviso, not to put away the Land from his next heir. If he do to forfeit his own Estate, and that his next heir must enter.  which be these. First, not to be forfeited for Felonies. Secondly not to be extended for Debts after the party's death, except the entails be cut off by Fine and Recovery.  
But it is be noted, since these notable 
☞ Of the new device called a Perpetuity, which is an Entail with an addition.  Statutes and remedies provided by Statutes do dock entails, there is start up a device called Perpetuity, which is an Entail with an addition of a Proviso Conditional tied to his Estate, not to put away the Land from his next heir; and if he do, to forfeit his own estate. Which Perpetuities if they should stand, would bring in all the former inconveniences subject to entails, that were cut off by the former mentioned Statutes and far greater; for by the Perpetuity, if he that is in possession start away never so little, as in making a Lease, or selling a little quillet, forgetting after two or three Descents, as often they do, how they are tied, the next Heir must enter; who 
These Perpetuities would bring in all the former inconueniencies of Estates tails  peradventure is his Son, his Brother, his Uncle or kinsman, and this raiseth unkind Suits setting all that kindred at jatres, some taking one part some another, and the principal parties wasting their time and money in suits of Law. In the end, they are both constrained in 
The inconueniencies of those Perpetuities.  necessity to join both in a Sale of the Land, or a great part of it to pay their Debts, occasioned through their Suits; And if the chiefest of the Family for any good purpose of well seating himself, by selling that which lieth far off to buy that which is nearer, or for the advancement of his Daughters or younger Sons, should have reasonable cause to sell the Perpetuity if it should hold good, restraineth him. And more than that, where many are owners of inheritance of Land nor Entailed, may during the minority of his Eldest son appoint the profics, to go to the advancement of the younger Sons and pay Debts by Entail and Perpetuities, the owners of these Lands cannot do it, but they must suffer the whole to descend to his eldest Son, and so to come to the Crown by Wardship all the time of his Infancy.  
Wherefore seeing the dangerous times 
☞ Quere whether it be better to restrain men by those Perpetuities from alienations or to hazard the undoing of houses by unthrifty Posterity.  and untowardly Heirs, they might prevent those mischiefs of undoing their Houses by conveying the Land from such heirs, if they were not tied to the stake by those Perpetuities, & restrained from Forfeiting to the Crown, and disposing of it to their own or to their children's good. Therefore, it is worthy of consideration, whether it be better for the Subject and Sovereign to have the lands secured to men's Names and Bloods by perpetuities, with all inconveniences abovementioned, or to be in hazard of undoing his House by unthrifty posterity.  
The last and greatest Estate of Lands in 
☞ The last and greatest Estate in Land is Fee-simple.  Fee-simple, and beyond this there is none of the former for Lives, Years or entails; but beyond them, is Fee simple. For it is the greatest, last and uttermost degree of Estates in Land; therefore he that maketh a Lease for life, or a gift in tail, may appoint a remainder when he maketh another for life or in tail, or to a third in Fee-simple; but after a Fee-simple he cannot limit no other Estate. 
A remainder cannot be limited upon an estate in Fee-simple.  And if a man do not dispose of the Fee-simple by way of remainder, when he maketh the gift in tail, or for lives, than the Fee-simple resteth in himself as a Reversion. The difference between a 
The difference between a Remainder and a Reversion.  Reversion and a Remainder, is this. The Remainder is always a succeeding an Estate, appointed upon the gifts of a precedent Estate, at the time when the Precedent is appointed. But the Reversion 
A Reversion cannot be granted by word.  is an estate last in the giver, after a particular estate made by him for Years, Life, or Entail; where the remainder is made with the particular estates, than it must be done by Deeds in writing, with Livery and Seizin, and cannot by words; And if the giver will dispose of the Reversion 
Atturnment must be had to the grant of the Reversion.  after it remaineth in himself, he is to do it by writing, and not by Poll; and the Tenant is to have a notice of it, and to atturne it, which is to give his assent by word, or paying rend, or the like; and except the Tenant will thus atturne the party to whom the Reversion is granted cannot have the Reversion, neither 
The Tenant not compellable to atturn but where the Reversion is granted by fine.  can he compel him by any Law to atturne, except the grant of the Reversion be by fine; and then, he may by writ provided for that purpose: and if he do not purchase by that writ, yet by the fine, the Reversion shall pass; and the Tenant shall pay no rent, except he will himself, nor be punished for any wastes in houses, unless it be granted by bargain and Sale by Indenture in Rolls; These Fee simple estates lie open to all perils, Forfeitures, Extents, Encumbrances and sales.  
Lands are conveyed by these 
☞ Lands may be conveyed six manner of ways. 1 By Feoffment. 2 By Fine. 3 By Recovery. 4 By Use. 5 By Covenant. 6 By Will.  6. means; First, by Feoffment, 
What a Feoffment of land is.  which is, where by Deed Lands are given to one and his heirs, and Livery and Seizein made accordingly to the form and effect of the Deed, if a lesser estate than Fee-simple be given and livery of seizein made it is not called a Feoffment, except the Fee-simple be conveyed.  
A Fine is a real agreement, beginning thus, Haec est finalis Corcordia etc. This is 
☞ What a Fine is, and how Lands may be conveyed hereby.  done before the King's judges in the Court of Common Pleas, concerning Lands that a man should have from another to him and his Heirs, or to him for his Life, or to him and the heir's males of his body, or for years certain, whereupon rent may be reserved but no Condition or Covenants. This Fine is a Record of great credit, and upon this Fine arc four Proclamations made openly in the Common Pleas; That is, in every Term one for four Terms together, and if any man having right to the same, make not his claim within five years after the Proclamations ended, he looseth his right for 
Five years non Claim barreth not.  ever; except he an Insant, a Woman covett, 
1 An Infant.  a Mad man, or beyond the Seas, and 
2 Feme Covert.  then his right is saved; so that he claim 
3 Mad. man.  within five years after the death of her 
4 Beyond Sea.  husband full Age, recovery of his wits, or return from beyond the Seas. This Fine is called a Feoffment of Record, because that 
Fine is a Feoffment of Record.  it includeth all that the Feoffment doth, & worketh further of his own nature, and barreth Intails peremptorily whether the heir doth claim within five years or not, if he claim by him that levied the Fine.  
Recoveries are where for assurances of Lands the parties do agree, that one shall 
☞ What Recoveries are.  begin an Action real against the other, as though he had good right to the Land, and the other shall not enter into Defence against it, but allege that he bought the Land of he who had warranted unto him, and pray that I. H. may be called in to defend the Title, which I H. is one of the Criers of the Common Pieas, and is called the Common Voucher. This I. H. shall 
Common Vourcher one of the Criers of the Court.  appear and make as if he would defend it, but shall pray a day to be assigned him in his matter of Defence; which being granted him at the Day he maketh Default, and thereupon the Court is to give judgement against him which cannot be for him to lose his Lands, because he hath it not; but the party that he hath sold it to, hath that who vouched him to warrant it.  
Therefore the demandant who hath 
☞ judgement for the demandant against the Tenant in tail.  no defence made against it, must have judgement to have the Land against him that he sued (who is called the Tenant) and the Tenant is to have judgement against l. H. to recover in value so much 
judgement for the Tenant to recover so much land in value of the Common voncher.  Land of his, where in truth he hath none, nor never william. And by this Device grounded upon the strict Principles of Law, the first Tenant looseth the Land, and hath nothing for it; but it is his own agreement for assurance to him that bought it.  
This Recovery barreth entails, and 
☞ A recovery barreth an Escheat tail and all reversions and remaindments thereupon.  all Remainders and reversions that should take place after the entails, saving where the King is giver of the Fntayle and keepeth the Reversion to himself; then neither the Heir, nor the Remainder, nor Reversion, is barred by the recovery.  
The reason why the Heirs, Remainders, 
☞ The reason why a Common Recovery barreth those in Remainder and Reversions.  and Reversions are thus barred, is because in strict Law the recompense adjudged against the Crier that was Vouchee, is to go in succession of Estate as the Land should have done, and then it was not reason to allow the Heir the liberty to keep the Land itself, and also to have recompense; and therefore he looseth the Land, and is to trust to the Recompense.  
This fleight was first invented, when 
☞ The many inconveniences of estates in tail brought in these Recoveries, which are made now common conveyances and assurances for Land.  entails fell out to be so inconvenient as is before declared, so that men made no Conscience to cut them off, so they could find Law for it. And now by use, those Recoveries are become common assurances against entails, Remainders, and Reversions, and the greatest security Purchasers have for their monies; for a Fine will bar the Heir in tail, but not the Remainder, nor Reversion, but a common Recovery will bar them all.  
Upon Feofments and Recoveries, the 
Upon Fines, Feofments, and Recoveries, the estate doth settle according to the intent of the parties.  estate doth settle as the use 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 leavy a Fine, make a Feosment, or suffer a common Recovery to the other; but the use and intent is, that one should have it for his life, and after his decease, a stranger to have it in Tail, and then a third in Fee-simple. In this case the Lord setteth an estate according to the use 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 use or intent of the Fine, Feosment, or Recovery; according to the use and intent of the parties.  
Upon this Statute is likewise grounded 
☞ Bargains Sales and Covenant to stand seized to a use, are all grounded upon one Statute.  the fourth and fifth of the six Conveyances, viz. Bargains, Sales, Covenants, to stand seized to uses; For this Statute, wheresoever it findeth an use, conjoineth the possession to it, and turneth it into like quality of Estate, Condition, Rent and the like, as the use hath.  
The use is but the equity and Honesty 
☞ What a use is.  to hold the Land in Canscientia boni viri. As for example. I and you agree that I shall give you money for your Land, and you shall make no assurance of it. I pay you the money, but you made me no assurance of it. Yet the equity and Honesty to have it is with me; and this equity is called the Use, upon which I had no remedy but in Chancery, until this Statute made 27. HENRY 8. and now 
Before 27. H. 8. there was no remedy for a use, but in Chancery.  this Statute conjoineth and containeth the Land to him that hath the use. I for my money paid to you, have the Land itself, without any other Conveyance from you; and is called a Bargain and Sale.  
But the Parliament that made the Statute did foresee, that it would be mischievous that men's Lands should suddenly 
The Stat. of 27. H. 8. doth not pass Land upon the payment of money without a deed indented and Enrolled.  upon the payment of a little money be taken from them, peradventure in an Alehouse or a Tavern upon straineable advantages, did therefore gravely provide an other Act in the same Parliament, that the Land upon payment of this money should not pass away, except there were a Writing Indented, made between the said two Parties, and the said Writing also within six Months, Enrolled in some of the Courts at 
The Stat. of 27. of H. 8. extendeth not into Cities and Corporate Towns where they did use to enrol Deeds.  Westminster, or in the Session's Rolls in the Shire, where the Land lieth; unless it be in Cities or Corporate Towns, where they did use to enrol Deeds, and there the Statute extendeth not.  
The fifth Conveyance of a Fine; is a 
☞ A conveyance to stand seized to a use.  Conveyance to stand seized to uses, it is in this sort; A man that hath a Wife and Children, Brethren and Kinsfolks, may by writing under his Hand, and Seal; agree, that for him, they or any of their Heirs, he will stand seized of his Lands to their uses, either for Life in Tail or Fee, so as he shall see cause; upon which agreement in Writing, their ariseth an 
Upon an agreement in writing to stand seized to the use of any of his kindred. A use may be created and the estate of the land thereupon exccuted, by 27. H. 8.  Equity or Honesty, that the Land should go according to those agreements; Nature and Reason, allowing these provisions, which Equity and Honesty is the use. And the use being created in this sort, the Statute of 27, HENRY the Eight, before mentioned; containeth the Estate of the Land, as the use is appointed.  
And so this Convenant to stand seized 
☞ A Convenant to stand seized to a use needeth no Enrolment as a Bargain and Sale to ●se use doth, so it be to the use of Wife, Child, or Cousin, or one he meaneth to marry.  to uses, is at this day since the said Statute, a Conveyance of Land, and with this difference, from a Bargain and sale; in that this needeth no enrolment as a Bargain and Sale doth, nor needeth it to be in writing Indented, as Bargain and Sale must, and if the party to whose use he agreeth to stand seized of the Land, be not Wife, or Child, Couzen, or one that he meaneth to marry; then will no use rise, and so no Conveyance; for although, the Law alloweth such weighty Considerations of Marriage and blood to raise uses, yet doth it not admit so trifling Considerations, as of Acquittance, Schooling, Services, or the like.  
But where a man maketh an estate of 
☞ Upon a Fine, Feoffment or Recovery, a man may limit the use to whom he listeth, without Consideration of blood, or money. Otherwise, In a Bargain and Sale or Covenant.  his Land to others, by Fine, Feoffment or Recovery, he may then appoint the use to whom he listeth, without respect of Marriage, Kindred, Money or other things; for in that case, his own Will and Consideration, guideth the equity of the Estate. It is not so when he maketh no estate, But agreeth to stand seized, nor when he hath taken anything, as in the cases of Bargain and Sale, and Covenant to stand to uses.  
The last of the six Conveyances, is a 
☞ Of the continuance of Land by william.  Will in writing; which course of Conveyance, was first ordained by a Statute made 32. HENRY S. Before which Statute, no man might give Land by will; except it were in a Borrough-Towne, where there was an especial custom, that Men might give their Lands by will; as in London, and many other places.  
The not-giving of Land by Will, 
☞ The not disposing of Lands by will, was thought to be a defect at the Common Law.  was thought to be a defect at Common Law, that men unawares or suddenly falling sick, had not power to dispose of their Lands, except they could make a Feosment, or leavy a Fine, or suffer a Recovery; which lack of time would not permit, and for men to do it by these means, when they could not undo it again, was hard; beside, even to the last hour of death, men's minds might alter upon further proofs of their Children or Kindred, or increase of Children or debt, or defect of Servants, or friends to be altered.  
For which cause, it was reason that 
☞ The Court that was invented before the Stat. of 32. H. 8. which first gave power to device Lands by Will, which was a Conveyance of Lands to Feoffors in trust, to such persons as they should declare in their William.  the Law should permit him to Reserve to the last instant, the disposing of his Lands, and to give him means to dispose it, which seeing it did not fidy serve, men used 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 wills declare how their Friends should dispose of their Lands and if those Friends would not perform it, the Court of Chancery was to compel them, by reason of the trust; and this trust was called, the use of the Land; so as the Feoffees had the Land, and the party himself had the use, which use was in equity, to take the profits for himself, and that the Feoffees should make such an estate as he should appoint them; and if he appointed none, then that the use should go to the heir, as the estate itself of the Land should have done, for the use was to the Estate, like a shadow following the body.  
By this course of putting Lands into 
☞ The inconveniences of putting Lands into use.  use, there were many Inconveniences; as this use which grew first for a reasonable cause, viz. To give men power and liberty to dispose of their owns, was turned to deceive 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 being Tenant by courtesy. The Lord of his Wardship, Relief, Heriot, and Escheat. The Creditor of his Extent for Debt. The poor Tenant of his Lease; for these rights and duties were given 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 we call the Feoffor should take the profits, and leave the power to dispose of the Land at his diseretion to the Feoffee, and yet he was not such a Tenant to be seized of the Land as his Wife could have Dower, or the Lands be extended for his Debts, or that he could forfeit it for Felony or Treason, or that his Heir could be in wars for it, or any duty of Tenure fall to the Lord by his Death, or that he could make any Leases of it.  
Which frauds by degrees of time as 
☞ The frauds of conveyances to use by degrees of time, as they increased, were remedied by the Statutes.  they increased, were remedied by diverse Statutes; as namely, by a Statute of 1. HENRY, 6. and 4. HENRY, 8. It was appointed 
1. H. 8. Stat binding Cesty and use. 4. N 8. 1. R. 3. 4. H. 7. 16. H. 8.  that the Action may be tried against him which taketh the profits, which was then Cesty and use by a Stature made, 1. RICHARD, 3. Leases and Estates made by Cesty and Use are made good, and Estatutes by him acknowledged 4. HENRY, 7. the Heir of Cesty and use is to be in Ward, 16. HENRY, 8. The Lord is to have Relief upon the death of any Cesty and use.  
Which frauds nevertheless multiplying daily, in the end 27. HENRY 8. 
☞ 27 H 8. taking away all u'es redu●●● the Law to the ancient form of Conveyances of Land, by Feoffment, Fine, and Recovery.  the Parliament purposing to take away all those Uses, and reducing the Law to the the ancient form of Conveying of Lands by public Livery of Seizen, Fine, and Recovery; did ordain, that where Lands were put in trust or use, there the possession and estate, should be presently carried out of the Friends in trust, and settled and invested on him that had the Uses, for such term and Time as he had the Use.  
By this Statute of 27. HENRY, 8. the 
☞ In what manner the Stat. of 32. H. 8. giveth power to dispose of Lands by william.  power of disposing Lands by Will, is clearly taken away amongst those frauds, and so the Statute did Disponore justum cum Imperio; Whereupon 32. HENRY, 8. an other Statute was made, to give men power to give Lands by Will in this sort. First, it must be by Will in writing. Secondly, he must be seized of an Estate in Fee-simple (For Tenant for an other man's Life) or Term in Tail, cannot give Land by Will, by that Statute 3. he must be solely seized, and not jointly with an other; and then being thus seized for all the Land he holdeth in Soccage Tenure, he may give it by the Will except he hold any piece of Land in Capite by Knight Service of the King, and laying all his lacks together, he can give but two parts by 
If a Man be seized of Capite Lands and Soccage, he cannot device but two parts of the whole.  Will; for the third part of the whole, as well in Soccage, as in Capite must descend to the Heir, to answer Wardship, Livery and Seizen, to the Crown.  
And so if he hold Lands by Knight's 
☞ The third part must descend to the Heir to answer Guardship, Livery and Seizen to the Crown.  Service of a Subject, he can device of the Lands but two parts, and the third, the Lord by Wardship, and the Heir by descent is to hold.  
And if a man that hath three Acres of 
☞ A Conveyance by device of Capite Lands to the Wife for her jointure, or to his Children for their good, or to pay Debts is void for a third part, by 32. H. 8.  Land holden in Capite by Knight's Service, do make a jointure 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 Daughter's Portions, than the third Acre or any part thereof he cannot give by Will, but must suffer it to descend to the Heir, and that must satisfy Wardship.  
Yet a Man having three Acres as before, 
☞ But a Conveyance by Act executed in the life time of the party of such Lands to such uses is not void, but 〈◊〉 pa●: but if the heir 〈◊〉 〈◊〉 age, he shall ● one of the Acres to be in Wara.  may convey all to his wife or Children by Conveyance in his Life time, as by Feolment, Recovery, Bargain and Sale, or Covenant to stand to vies, and to disinherit the Heir. But if the Heir be within age, when his Father dyeth, the King or other Lord shall have that Heir in Ward, and shall have one of the three Acres during the Wardship, to sue Livery and Seizen. But at full age the Heir shall have no part 
Aflictis. Aflictis ne. Addere.  of it, but it shall go according to the Conveyance made by the Father.  
It hath been debated how the thirds 
☞ Entailed Lands part of the thirds.  shall be set forth, For it is the use that all Lands which the Father leaveth to descend to the Heir being Fee simple, or 
The King nor Lord cannot intermeddle if a full third part be left to descend to the Heir.  in tail, must be part of the thirds; and if it be a full third, than the King, nor Heir, nor Lord, can intermeddle with the rest; If it be not a full third, yet they must take it so much as it is, and have a supply out of the rest.  
This supply is to be taken thus, if it 
☞ The manner of making supply when the part of the heir is not a full third.  be the King's Ward, then by a Commission out of the Court of Wards, whereupon a jury by oath, must set down so much as shall make up the thirds, except the Officers of the Court of Wards, can otherwise agree with the parties. If there be no Wardship due to the King, than the other Lord is to have a supply by a Commission out of the Chancetie, and a jury thereupon.  
But in all those cases, the Statutes do 
☞ The Stat. giveth power to the Testator to set out the third himself, and if it be not a third part, yet the King or Lord must take that in part, and have a supply out of the Rent  give power to him that maketh the Will to set forth and appoint of himself, which Lands shall go for the thirds, and neither King nor Lord can refuse it. And if it be not enough, yet they must take that in part, and only have a supply in manner as before is mentioned out of the rest.   

Propertie in Goods.  

Of the several ways whereby a man may get Property in Goods or Chattels.  


1. By Gift.  
2. By Sale.  
3. By Stealing.  
4. By Waving.  
5. By Straying.  
6. By Shipwreck.  
7. By Forferture.  
8. By Executorship.  
9 By Administration.  
10. By Legacy.     

1. Propertie by gift  
BY gift, Property is when the property 
☞ A deed of gift of goods to deceive his Creditors is void against them, but good against the Executors Admin. or Vender of the party himself.  of Goods may be passed by word or writing, but if there be a general Deed of Gift made of all his Goods, this is suspirious to be done upon fraud, to deceive the Creditors.  
And if that a man who is in Debt, make a Deed of gift of all his Goods to protract the taking of them in Execution for his debt, this Deed of Gift is void, as against those to whom he stood indebted, but as against himself his own Executors or Administrators, or any man to whom afterwards he shall sell or Convey them, it is good.   

2. By Sale.  
PRopertie in Goods by Sale. By Sale 
☞ What is a Sale bona fide and what not, when there is a private reservation of trust between the parties.  any man may convey his own Goods to another, and although he may fear Execution for Debts, he may sell them outright for money at any time before the Execution served, so that there be no reservation of trust between them, yet providing the money, he shall have the goods again; for that trust in such case, doth prove plainly a fraud to prevent the Creditors from taking the goods in Execution.   

3. By Theft or taking in jest.  
PRopertie of Goods by Theft or taking 
☞ How a Sale in Market shall be a bar to the owner.  in jest. If any Man steal my Goods or Chattels, or take them from me in jest, or borrow them of me, or as a Traitor or Felon carry them to the Market or Fair, and there sell them, this Sale doth bar me of the property of my Goods, saving that if he be a horse he must be ridden two hours in the Market or Fair, between Ten and five a clock, and Tolled for in the Tolle-Booke, and the seller must bring one to avouch his sale known to thee Tolle-booke-keeper, or else the sale bindeth me not. And for any other goods, where the Sale in a Market or fair shall bar the owner being not the seller of his Property.  
It must be sale in a Market or Fair 
☞ Of Markets and what Markets such a Sale ought to be made in.  where usual things of that Nature are sold. As for example, if a men steal a Horse, and sell him in Smithfield, the true owner is barred by this Sale; but if he sell the Horse in Cheapside, Newgate or or Westminster market, the true owner is not barred by this Sale; because, these Markets are usual for flesh, Fish, etc. and not for Horses.  
So whereas by Custom of London, every Shop there is a Market all the days of the week, saving Sundays and Holidays; Yet, if a piece of Plate, or jewel that is lost, or Chain of Gold or Pearl that is stolen or borrowed, be sold in a Drapers or Scrivener's 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 Thief getteth not such property, 
☞ The owner may Seize his goods after they are stolen.  but that the owner may Seize them again wheresoever he findeth them; except they were sold in Fair or Market, after they were stolen; and that bona fide, without fraud.  
But if the Thief be condemned of 
☞ If the Thief be condemned for Felony, or outlawed, or forfeit the stolen goods to the Crown, the owner is without remedy.  the Felony, or outlawed for the same, or outlawed in any personal Action, or have committed a forfeiture of the Goods to the Crown, than the true owner is without remedy.  
Nevertheless if fresh after the goods were stolen, the true owner maketh pursuit 
☞ But if he make fresh pursuit he may take his goods from the Thief.  after the Thief and Goods, and taketh the Goods with the Thief, he may take them again; And if he make no fresh pursuit, yet if he prosecute the Felon, so far as justice requireth.  
This is to have Arraigned, Indicted, and found guilty (though he be not 
☞ Or if he prosecuted the law against the Thief and convict him of the same Felony he shall have his goods again, by a writ of Restitution.  hanged, nor have judgement of Death) in all these cases he shall have his goods again, by a writ of Restitution, to the party in whose hands they are.   

4. By wayving of Goods.  
BY Wayving of Goods, a property is gotten thus. A Thief having stolen goods being pursued flieth away and leaveth the goods, This leaving is called Waving, and the property is in the King; except the Lords of the Manor have right to it, by Custom or Charter.  
But if the Felon be Indicted or adjudged, or found guilty, or outlawed at the suit of the Owner of these goods, he shall have Restitution of these goods, as before.   

5. By Straying.  
BY Straying, property in live Chattels, is thus gotten. When they come into other men's grounds, than the party or Lord into whose grounds or Manors they come, causeth them to be seized, and a With put about their necks, and to be cried in three Markets adjoining, showing the marks of the Chattel; which done, if the true owner claimed them not within a Year and a day, than the property of them is in the Lord of the Manor whereunto they did stray; If he have all strays by Custom or Charter, else to the King.   

6. Wrack, and when it shall be said to be.  
BY Shipwreck, property of Goods is gotten. When a Ship loaden is cast away upon the Coasts, so that no living Creature that was in it when it began to sink escapeth to Land with life, than all those Goods are said to be wracked, and they belong to the Crown if they can be found; except the Lord of the Soil adjoining, can entitle himself unto them by Custom, or by the King's Charter.   

7. Forfeitures.  
BY Forfeitures, Goods and Chattels are thus gotten; If the Owner be outlawed, if he be indicted of Felony, or Treason, or either confess it, or be found guilty of it, or refuse to be tried by Peers or jury, or be attainted by jury, or fly for Felony although he be not guilty, or suffer the Exigent to go forth against him; although he be not outlawed, or go over the Seas without licence, all the goods he had at the judgement, he forfeiteth to the Crown; except some Lord by Charter can claim them. For in those cases prescripts will not serve, except it be so ancient, that it hath had allowance before the justices in Eyre in their Circuits, or in the King's 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, have by the Will and ceath of the parties, all the property of their Goods, Chattels, Leases for Years, Wardships and Extents, and all right concerning those things.  
Those Executors may meddle with 
☞ Executors may before probat dispose of the goods, but not bring an action for any debt.  the Goods, and dispose them before they prove the Will, but they cannot bring an action for any Debt or duty, before they have proved the Will.  
The proving of the Will is thus. 
☞ What probat. of the Will is, and in what manner it is made.  They are to exhibit the Will into the Bishops' Court, and there they are to exhibit the Will into the Bishops' Court, and there they are to be sworn and the Bishops' Officers are to keep the Will Original, and certify the Copy thereof in Parchment under the Bishops' Seal of Office, which Parchment so sealed, is called the Will proved.   

9 By Letters of Administration.  
BY Letters of Administration, property in goods is thus gotten. When a man possessed of goods dyeth without any Will, there such things as the Executors should have had if he had made a Will, were by ancient Law to have come to the Bishop of the Diocese, to dispose for the good of his Soul that died, he first paying his Funerals and Debts, and giving the rest Ad pios usus. 
Pij Vsus.   
This is now altered by Statute Laws, so as the Bishops are to grant Letters of Administration of the goods at this day to the Wife if she require it, or Children or next of kin; If they resnse it as often they do, because the debts are greater than the estate will beat, than some Creditor or some other will take it as the Bishops' Officers shall think meet. It groweth often in question what Bishop shall have the right of proving Wills, and 
〈◊〉  granting Administration of goods.  
In which Controversy the rule is thus. 
☞ Where the jutestate had Bona notabilia in diverse Diocese, than the Archbishop of that Province where be died is to commit the Administration.  That if the party dead had at the time of his Death Bona notabilia in diverse Diocese of some reasonable value, than the Archbishop of the Province where he died is to have: the apptobation of his Will, and to grant the Administration of his goods as the case falleth out; otherwise, the Bishop of the Diocese where he died is to do it.  
If there be but one Executor made, yet 
☞ Executor may refuse before the Bishop, if he have not intermeddled With the goods.  he may refuse the Executorship coming before the Bishop, so that he hath not intermeddled with any of the goods before, or with receiving Debts, or paying Legacies.  
And if there be more Executors than one, so many as list may refuse; and if 
☞ Executor aught to pay, 1 judgements. 2 Stat. Recogn: 3 Debts by bonds and bills sealed. 4 Rent unpayed. 5 Servants wages 6 Head workmen 7 Shop-book and Contracts by word.  any one take it upon him, the rest that did once refuse may when they will take it upon them, and no Executor shall be further charged with Debts or Legacies, than the value of the Goods come to his hands; So that he foresee, that he pay Debts upon Record, debts to the King; Then upon judgements; Statutes, Recognizances, than Debts by Bond and Bill sealed, Rend unpayed, Servants wages, payment to head workmen; and lastly, Shop-books, 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-books and Contracts before those by Bond, arrearages of Rent, and Servants wages, he shall pay the same over agains to those others in the said degrees.  
But yet the Law giveth them choice, 
☞ Debts due in equal degree of Record, the Executor may pay which of them he please before suit commenced.  that where diverse have Debts due in equal degree of Record or specialty, he may pay which of them he will, before any suit brought against him; but if suit be brought he must first pay them that get judgement against him.  
Any one Executor may convey the Goods, or release Debts without his companion, 
☞ Any one Executor may dot as much as all together, but if a debt be released and Assets' wanting, he shall only be discharged.  and any one by himself may do as much as altogether; but one man's releasing of Debts or selling of Goods, shall not Charge the other to pay so much of the Goods, if there be not enough to pay debts; but, it shall charge the party himself that did so release or convey.  
But it is not so with Administrators, for they have but one authority given them 
☞ Otherwise of Administrators.  by the Bishop over the goods, which authority being given to many is to be executed by all of them joined together.  
And if an Executor die making an Executor, 
☞ Executor dyeth making his Executor, the second Executor shall be Executor to the first Testator.  the second Executor is Executor to the first Testator.  
But if an Administrator die intestate, than his Administrator shall not be Executor to the first; But in that Case the 
☞ But otherwise, if the Administrator die making his Executor, or if Administration be committed of his goods. Inboth cases, the Ordinary shall commit Administration of the goods of the first jutestate.  Bishop, whom we call the Ordinary is to commit the Administration of the first Testators goods to his Wife, or next of kin, as if he had died intestate; Always provided, that, that which the Executor did in his life-time, is to be allowed for good. And so if an Administrator dye and make his Executor, the Executor of the Administrator shall not be Executor to the first intestate; But the Ordinary must new commit the Administration of the goods of the first Intestate.  
Again, if the Executor or Administrator 
☞ Executors or Administrators may retain  pay Debts, or Funerals, or Legacies of his own money he may retain so much of the goods in kind of the Testator or intestate, and shall have property of it in kind.   

10. Propertie by Logacie.  
PRopertie by Legacy, is where a man maketh a Will and Executors, and giveth Legacies, he or they to whom the Legacies are given must have the assent 
☞ Executors or Administrators may retain; because the Executors are charged to pay some debts before Legacies.  of the Executors or one of them to have his Legacy, and the property of that Lease or other goods bequeathed unto him, is said to be in him; but he may not enter nor take his Legacy 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 he shall pay the value thereof of his own purse.  
But this is to be understood, by debts 
☞ Legacies are to be paid before debts by Shopbookes, Bills unsealed, or Contracts by Word.  of Record to the King, or by Bill and Bond sealed, or arrearages of Rent, or Servants or Workmen's wages; and not debts of Shop-books, or Bills unsealed, or Contract by word; for before them Legacies are to be paid.  
And if the Executors doubt that they shall not have enough to pay every Legacy, 
☞ Executor may pay which Legacy he will first.  they may pay which they list first; but they may not sell any special Legacy which they will to pay Debts, or a Lease 
If the Executors do want they may sell any Legacy to pay Debts.  of goods to pay a money Legacy. But they may sell any Legacy which they will to pay Debts, if they have not enough besides.  
If a man make a Will and make no Executors, or if the Executors refuse, the 
☞ When a will is made and no Executor named, Administration is to be committed Cum testamento annexo.  Ordinary is to commit Administration Cum Testamento annexo, and take bonds of the Administators to perform the Will, and he is to do it in such fort, as the Executor should have done if he had been named.    
FINIS.