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<DATE>2014-07-01</DATE>
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<NAME>Olivia Bottum</NAME>
<RESP>MURP</RESP>
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<IDG S="marc" R="UM" ID="B20402">
<STC T="W">C4612</STC>
<BIBNO T="oclc">[ocm]11687743</BIBNO>
<VID>205088</VID>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>TOPICKS In the Laws of <HI>ENGLAND.</HI></P>
<P>Containing <HI>Media,</HI> apt for Argument, and re&s;olution of <HI>Law</HI> Ca&s;es: al&s;o an Expo&s;ition of &s;everall words, not touched by former <HI>Glo&s;&s;aries.</HI></P>
<Q>Non omne Argumentum undique venit ideoque non pa&s;sim quaerendum e&s;t, mul|tus alioquin error e&s;t exhau&s;toque labore quod non ratione &s;crutabimus non poteri|mus invenire ni&s;i ca&s;u.
<BIBL><HI>Quintil.</HI></BIBL></Q>
<P><HI>LONDON.</HI></P>
<P>Printed by <HI>R. L.</HI> for <HI>William Leake,</HI> and are to be &s;old at his Shop at the &s;igne of the Crown in <HI>Fleet&s;treet,</HI> betweene the two Temple Gates. 1646.</P>
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="2" MS="y">
<PB REF="2">
<HEAD>To the HONORABLE OLIVER Saint JOHN E&s;quire Solicitor Generall, AND OLIVER CRUMWEL E&s;quire, the Honourable, Pru|dent, and Valiant Lievte|nant Generall.</HEAD>
<OPENER><SALUTE>Honorable,</SALUTE></OPENER>
<P>_IT may be matter of mar|vell, that any thing of Law &s;hould now be heard but to whi&s;per amid&s;t the noy&s;e of lowd In&s;trument of Warre, this may Apologize, that both &s;ides profe&s;&s;e the mayntenance of Laws. If
<PB REF="3"> again it &s;eeme &s;trange to any that I joyne for Patrons of a Lawbooke a Sword-man, and one of the long Robe together: let this &s;uffice, that the last is well known to have bin longer time a <HI>Mecoenas</HI> of Schollers, then a Commander of Souldiers and men are al&s;o well per&s;waded that the points of the&s;e &s;words are bent onely again&s;t the adver&s;aries of tho&s;e Laws which are written upon their hilts. The&s;e Laws are now in danger, and the Common-wealth with them who can &s;it &s;till and do nothing like old <HI>Cre|on,</HI> when his hou&s;e was on fire em|bracing his only daughter, but helped nothing till him&s;elfe and &s;hee were con&s;umed in the flame. With my e|&s;tate I cannot helpe, that was long &s;ince taken from mee by the inju&s;tice &amp; oppre&s;sion of the Popi&s;h Northern Army and our own malignant Coun|trymen who called in that Army, and a&s;si&s;ted them. With my body I can do little being &s;omewhat in yeers and
<PB REF="3"> more unfitted by a &s;edentary life, be|&s;ides uncalled upon for &s;uch &s;ervices. I both approve and &s;omwhat re&s;emble the <HI>Spaniards</HI> po&s;ture, who when he is bleeding his la&s;t, and &s;o weake hee cannot &s;tand to fight, yet while any life is in him hee will be brodding at, and pottering upon the ground, every way with his Rapier or Dagger point as if hee would doe &s;omthing, wound his enemie, &amp;c. if he were a|ble. The&s;e weake e&s;&s;ayes &s;hews a minde to doe good to the publike; In them little new Law can be found, they ra|ther &s;hew how to u&s;e the old, the Lo|gick of the Laws which is to be in&s;tru|mentall to all other Sciences, and cal|led by the Philo&s;opher <HI>Organon Or|g&aacute;non.</HI> If the&s;e ob&s;ervations &s;hall have any u&s;e that way or any el&s;e, I have my ends: Your honourable fa|vours to me who are &s;o much one for the publike hath been rea&s;on enough to me to joyne you in this Dedication, <HI>Eadem &s;entitis, eadem agitis, in foro
<PB REF="4"> &amp; in campo.</HI> The <HI>Romans</HI> called &s;ome of their Worthies <HI>Gladii Ro|manorum,</HI> &s;o <HI>Marcellus,</HI> other <HI>Cli|pei,</HI> &s;o <HI>Fabius Maximus,</HI> both goe together, both u&s;efull now. I &s;hall not need much to implore your pro|tections who cheri&s;h every &s;parke ap|pears for the publike. The Lord make you ride on with good luck for the re|joynting again his Maje&s;ty, and the great Councel of <HI>England,</HI> the Head and the Members, and that the Laws, one part (whereof is priviledge of Par|liament) may be maintained and du|ly executed, for as <HI>Bracton</HI> &s;aith, <HI>Parum e&s;t jus in Civitate e&s;&s;e, ni&s;i &s;int qui po&s;&s;int jura gerere,</HI> which if I mi&s;take not, is a main ground of this bloudie Quarrell, which God end in due time, and in the accompli&s;hment of Peace and Truth, which &s;hall be the continued prayer of</P>
<CLOSER><SIGNED>Your humble Servant, J. C.</SIGNED> <DATELINE><HI>From my chamber in the Inner Temple.</HI></DATELINE></CLOSER>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="4">
<HEAD>TO THE READER.</HEAD>
<P>MAn by his defection from his Maker, lo&s;t Truth as well as good, and is fain to gather up the one as well as the other by peecemeale, as a Bee that goes from flower to flower to get up any rea&s;onable quantity of ho|ney: How many <HI>minutula fru&s;tu|la</HI> are there found and left from one Age to another by &s;uch as have been wittie and indu&s;trious in each Science, and altogether will not make up halfe that the fir&s;t man had in the bulke <HI>unto intuitu,</HI> as it were. The Philo&s;ophers have left &s;ome <HI>Principles, Axioms,</HI> and <HI>Topikes,</HI>
<PB REF="5"> the Humani&s;ts, Phy&s;itians, and Morali&s;ts <HI>Aphori&s;mes:</HI> Mu&s;itians their <HI>Sy&s;temata,</HI> for to that Science I take that word properly to be|long, though u&s;urped by the later Logicians. The Lawyers their <HI>Maximes, Brocardica, Grounds,</HI> and <HI>Placita:</HI> Others their <HI>Paradigma|ta, Loca Media,</HI> fit for invention and argumentation, &s;ome of the&s;e by experience are demon&s;trative, and more immediately, certainly, and re&s;olvedly bring <HI>Scientiam,</HI> o|thers are of a lower ranke, and are called <HI>Dialectica,</HI> or <HI>Probabilia,</HI> which helpe to re&s;olve que&s;tions and ca&s;es with a more trembling judgement, and &s;ome fears, as they &s;ay, lea&s;t the truth may be other|wi&s;e, and is termed opinion, as that other knowledge; of this kinde are the&s;e few Ob&s;ervations of mine, and I call them TOPICKS, in which one may finde matter of ar|gument for ca&s;es &s;hall be propoun|ded,
<PB REF="5"> and rai&s;e Majors in which the chiefe vigour of argument lies: I dare not call them grounds of Law, as hee did who once made an e&s;&s;ay in this kinde, yet I finde a great <HI>Rabbin</HI> in our Law cals them <HI>Rules</HI> of Law.<NOTE PLACE="marg">In&s;titutes 1. 152.</NOTE> I have put them down in the mo&s;t familiar way of our Books expre&s;&s;ion, which is in various lan|guages, which will prove mo&s;t u&s;e|full, the Law of <HI>England</HI> intending matter, not words, and it brings what we have read in our books quicke&s;t to our apprehen&s;ions, whereas the turning of tho&s;e terms into fine Latine, or civill Law ex|pre&s;&s;ions, as &s;ome of late makes un|couth to the Engli&s;h Lawyer, and far le&s;&s;e u&s;efull: There be 400 ti|tles and terms of Law in our books, and yet if you have pre&s;ent u&s;e of a|ny of the&s;e Topicks, you cannot finde them there, in this you may, which will &s;erve not onely to grace argument, but re&s;olve &s;ome doubts,
<PB REF="6"> I haue made each place good by Book Ca&s;es, and &s;ome few Re|ports, you may add more in your daily reading without &s;uch ob&s;er|vations, the Student will be put far to &s;eeke for &s;uch Rules and Ca&s;es upon a &s;uddain, I have put them in an alphabeticall order, the more ea&s;ie to finde them and make u&s;e of them, other method to dream of in Law learning as &s;ome have done is vaine, &s;ithence it con&s;i&s;ts of infi|nite particulars, of which the Logi|cian determines thus. <HI>Individua non recipiuntur in methodum propter infinitatem.</HI> Vale.</P>
<CLOSER><SIGNED>J. C.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="table of contents">
<PB REF="6">
<HEAD>Contenta.</HEAD>
<LIST>
<ITEM>ACt of God &s;hall preiudice no man, <HI>1</HI></ITEM>
<ITEM>Act of a Court &s;hall preiudice no man &amp; con|tra, <HI>2</HI></ITEM>
<ITEM>Act the fir&s;t who shall do where it is doubtfull, <HI>3</HI></ITEM>
<ITEM>Act implicit where not &s;ufficient but &s;hall be ex|plicit. <HI>5</HI></ITEM>
<ITEM>Act of an Enemy &s;hall turn to my benefit, <HI>ibid.</HI></ITEM>
<ITEM>Act &s;ub&s;equent &s;hall be guided by agreement pre|cedent, <HI>ibid.</HI></ITEM>
<ITEM>Act imperfect of the part of one party &s;hall be of both parties, <HI>6</HI></ITEM>
<ITEM>Act executed where it shall be defea&s;ible and con|trary, <HI>ibid</HI></ITEM>
<ITEM>One Act may inure to two intents, <HI>ibid.</HI></ITEM>
<ITEM>Actori incumbit onus, <HI>7</HI></ITEM>
<ITEM>An Act to him&s;elf, where a man may do and con|trary, <HI>ibid.</HI></ITEM>
<ITEM>Where part of an Act cannot be performed, yet the re&s;t &s;hall, <HI>9</HI></ITEM>
<ITEM>One shall not have benefit of his own Act, preiu|dice he may, <HI>9</HI></ITEM>
<ITEM>One shall be punished for the Act of another, <HI>10</HI></ITEM>
<ITEM>One shall not defeat his own Act, &amp; &egrave; contra, <HI>11</HI></ITEM>
<ITEM>Agens &amp; con&s;entiens pari poena plectuntur, <HI>ibid.</HI></ITEM>
<ITEM>A po&s;&s;e ad e&s;&s;e non e&s;t bona argumentatio, &s;ic &agrave; non e&s;&s;&egrave; ad non po&s;&s;e, <HI>ibid.</HI></ITEM>
<ITEM>A po&s;&s;e ad e&s;&s;e bona fit argumentatio, <HI>12</HI></ITEM>
<ITEM>A non po&s;&s;e ad non e&s;&s;e bona fit argumentatio, <HI>ib.</HI></ITEM>
<ITEM>Act me invito made is not my act, <HI>13</HI></ITEM>
<ITEM>Argumentum &agrave; minori ad maius tenet affirma|tive, <HI>ibid.</HI></ITEM>
<PB REF="7">
<ITEM>Bonum publicum privato preferendum, <HI>14</HI></ITEM>
<ITEM>Cau&s;a qualis tale cau&s;atum, <HI>ibid.</HI></ITEM>
<ITEM>Cau&s;atum non excedit &s;uam cau&s;am, <HI>15</HI></ITEM>
<ITEM>Cau&s;ans damnum equalis facienti, <HI>ibid.</HI></ITEM>
<ITEM>Coniunctive, and collective, words taken &s;cor&s;im and di&s;cretive, <HI>16</HI></ITEM>
<ITEM>Cau&s;a ce&s;&s;ante ce&s;&s;at effectus. <HI>17</HI></ITEM>
<ITEM>Coliquintidae parum totum ius vitiat, <HI>19</HI></ITEM>
<ITEM>A coniunctis ad devi&s;a male arguitur, <HI>20</HI></ITEM>
<ITEM>Coniunctorum utrumque oportet e&s;&s;e verum, <HI>ibid.</HI></ITEM>
<ITEM>Damnum ab&s;que iniuria, not puni&s;hable. <HI>ibid.</HI></ITEM>
<ITEM>Deus &amp; natura ferenda, <HI>21</HI></ITEM>
<ITEM>Dictum partis, is not exclu&s;ive taciti dicti legit, <HI>ib.</HI></ITEM>
<ITEM>Di&s;iunctorum &s;ufficit alterum e&s;&s;e verum, <HI>ibid.</HI></ITEM>
<ITEM>Di&s;tructio facti, &s;hall be eodem modo quo creatio.</ITEM>
<ITEM>Dictum partis, which is no more then dictum legis operates nothing at all. <HI>23</HI></ITEM>
<ITEM>Dominus &amp; &s;ervus, Iudge and Mini&s;ter, Subiect and Sovereigne, Idem non erit, &s;o Iudge and party, <HI>24</HI></ITEM>
<ITEM>Dignior dat nomen rei, &amp; regulabit eam, <HI>25</HI></ITEM>
<ITEM>Duty once di&s;charged is always di&s;charged, <HI>26</HI></ITEM>
<ITEM>De non exi&s;tentibus &amp; aliter exi&s;entibus, quam lex vult eadem ratio, <HI>ibid.</HI></ITEM>
<ITEM>Aequipollentia habent eundem in lege vigorem, <HI>ib.</HI></ITEM>
<ITEM>Eadem ratio, idemius. <HI>27</HI></ITEM>
<ITEM>Expre&s;&s;um &amp; particulare facit ce&s;&s;are tacitum &amp; generale, <HI>ibid.</HI></ITEM>
<ITEM>Exceptio firmat regulam, conce&s;&s;ionem, &amp;c. <HI>29</HI></ITEM>
<ITEM>Aetymologia verborum non praebet firmum argu|mentum, <HI>30</HI></ITEM>
<ITEM>Exitus acta probat, <HI>31</HI></ITEM>
<ITEM>Expo&s;itio verborum, <HI>ibid.</HI>
<LIST>
<PB REF="7">
<ITEM>Averia</ITEM>
<ITEM>Aut</ITEM>
<ITEM>A, ab, abs</ITEM>
<ITEM>Abathia</ITEM>
<ITEM>Antchac</ITEM>
<ITEM>Competent</ITEM>
<ITEM>Con&s;ueta</ITEM>
<ITEM>Circiter</ITEM>
<ITEM>Citra</ITEM>
<ITEM>Infra Circa</ITEM>
<ITEM>Di&s;cretion</ITEM>
<ITEM>Donque, then, tunc</ITEM>
<ITEM>Demi&s;e</ITEM>
<ITEM>Et</ITEM>
<ITEM>Expiration</ITEM>
<ITEM>E&s;teant, being</ITEM>
<ITEM>Exactionibus</ITEM>
<ITEM>E&s;t, &s;uit</ITEM>
<ITEM>Eviction</ITEM>
<ITEM>Hou&s;e</ITEM>
<ITEM>Horrible, enormous</ITEM>
<ITEM>Incontinenter &amp; im|mediate</ITEM>
<ITEM>Infra <HI>4</HI> Maria</ITEM>
<ITEM>Inhabitant</ITEM>
<ITEM>Re&s;iant, commorant</ITEM>
<ITEM>In, apud, ad, de</ITEM>
<ITEM>Intere&s;t</ITEM>
<ITEM>In manibus</ITEM>
<ITEM>Inde</ITEM>
<ITEM>In rerum natura</ITEM>
<ITEM>Ip&s;o facto</ITEM>
<ITEM>Iuxta</ITEM>
<ITEM>Infra</ITEM>
<ITEM>Maeremium</ITEM>
<ITEM>Meniall</ITEM>
<ITEM>Nuper</ITEM>
<ITEM>Pacatione</ITEM>
<ITEM>Praetextu</ITEM>
<ITEM>Prima, Proxima</ITEM>
<ITEM>Pacifice</ITEM>
<ITEM>Pro</ITEM>
<ITEM>Forfeiture</ITEM>
<ITEM>Puer</ITEM>
<ITEM>Nos, vos</ITEM>
<ITEM>Permittere</ITEM>
<ITEM>Res</ITEM>
<ITEM>Sufficienter</ITEM>
<ITEM>Sure, e&s;tate</ITEM>
<ITEM>Similiter</ITEM>
<ITEM>Praedict.</ITEM>
<ITEM>Paratus</ITEM>
<ITEM>Et caetera</ITEM>
<ITEM>Comodities</ITEM>
<ITEM>Sovereigne</ITEM>
<ITEM>Subditus</ITEM>
<ITEM>Miniments</ITEM>
<ITEM>Expo&s;itio verborum in Wills.</ITEM>
</LIST></ITEM>
<ITEM>Fixio iuris neminem ledere debet, <HI>49</HI></ITEM>
<ITEM>Fortior e&s;t obligatio partis quam legis, <HI>50</HI></ITEM>
<ITEM>Fortior e&s;t di&s;po&s;itio legis quam hominis, <HI>ibid.</HI></ITEM>
<ITEM>Fortior &amp; melior e&s;t provi&s;io legis qua~ hominis, <HI>51</HI></ITEM>
<ITEM>Fundamento di&s;tructio cadit opus, <HI>ibid.</HI></ITEM>
<PB REF="8">
<ITEM>Generale nihil certum ponit, <HI>52</HI></ITEM>
<ITEM>Generall words where they will help particular in|firmities, <HI>ibid.</HI></ITEM>
<ITEM>Generall words in grants where they &s;hall be re|&s;trained by particular words in the &s;ame clau&s;e, and contrary, <HI>53</HI></ITEM>
<ITEM>Generale di&s;cendens in particulare &s;ive &s;peciale, &s;hall be ruled by that &s;peciall. <HI>54</HI></ITEM>
<ITEM>He that needs mo&s;t let him blow the cole, <HI>55</HI></ITEM>
<ITEM>Integra lex &s;eparat &amp; individua, <HI>ibid.</HI></ITEM>
<ITEM>Idem taken pro &s;imile, <HI>56</HI></ITEM>
<ITEM>Inconvenience, See <HI>ibid.</HI></ITEM>
<ITEM>Indefinitum &s;upplet locum univer&s;alis, <HI>ibid.</HI></ITEM>
<ITEM>Ignorantia non excu&s;at, <HI>58</HI></ITEM>
<ITEM>Inter aequales melior e&s;t conditio po&s;&s;identis, <HI>ibid.</HI></ITEM>
<ITEM>Interation of a &s;mall offence will make it amount to a great one, <HI>59</HI></ITEM>
<ITEM>Iniuria propria non cadit in beneficium facientis, <HI>ibid.</HI></ITEM>
<ITEM>In prae&s;entia maioris ce&s;&s;at pote&s;tas minoris, <HI>60</HI></ITEM>
<ITEM>Laches may preiudice but shall not ayd any man, <HI>ib.</HI></ITEM>
<ITEM>The Law avoids circuit of action, <HI>61</HI></ITEM>
<ITEM>The Law yeilds to nece&s;&s;ity, <HI>62</HI></ITEM>
<ITEM>The Law will &s;uffer a mi&s;chief rather then an in|convenience. <HI>63</HI></ITEM>
<ITEM>Lex non cogit ad impo&s;&s;ibilia, <HI>64</HI></ITEM>
<ITEM>Lex iudicat de impo&s;&s;ibiliter faciendis qua&s;i fractis <HI>66</HI></ITEM>
<ITEM>Lex accepit voluntatem &amp; diligentiam pro facto, <HI>ibid.</HI></ITEM>
<ITEM>Lex iudicat de rebus nece&s;&s;ario faciendis quafire|ip&s;a &s;actis, <HI>67</HI></ITEM>
<ITEM>The Law iudgeth of that may be done as actually done, <HI>68</HI></ITEM>
<PB REF="8" MS="y">
<ITEM>The Law iudgeth of &s;ome things actually done as not done &amp; e conver&s;o. <HI>69</HI></ITEM>
<ITEM>The Law adiudgeth the &s;ame thing in e&s;&s;e, &amp; non e&s;&s;e to divers purpo&s;es. <HI>ibid.</HI></ITEM>
<ITEM>Quod lex dicit factum, e&s;t &s;ic ac&s;i, by the party him&s;elf. <HI>71</HI></ITEM>
<ITEM>The Law iudges that it is illegally done, as not done at all. <HI>ibid.</HI></ITEM>
<ITEM>Leges priores per po&s;teriores abroguntur, &amp; contra. <HI>ibid.</HI></ITEM>
<ITEM>Lex non cogit ad vana peragenda. <HI>73</HI></ITEM>
<ITEM>Lex non haeret in &s;yllabis vel literis modo de &s;ub|&s;tantia con&s;tat. <HI>75</HI></ITEM>
<ITEM>The Law is &s;ometimes &s;tricter then the words of the party in force. <HI>76</HI></ITEM>
<ITEM>Lex non e&s;t curio&s;a. <HI>ibid.</HI></ITEM>
<ITEM>De minimis non curat lex. <HI>78</HI></ITEM>
<ITEM>Law pre&s;umes more then the party him&s;elf &s;ays. <HI>ib.</HI></ITEM>
<ITEM>Lex intendit optima perfecta &amp; effectualia &amp; le|galia. <HI>79</HI></ITEM>
<ITEM>Lex omnia &s;uaviter, &amp; ad melius di&s;ponit. <HI>80</HI></ITEM>
<ITEM>Lex &s;emper dabit remedium. <HI>82</HI></ITEM>
<ITEM>Lex iudicat de in&s;ufficienter vel vane factis qua&s;i omnino in&s;ectis. <HI>82</HI></ITEM>
<ITEM>The Law will accept of that is good in grants or pleadings, and reiect the &s;urplus. <HI>84</HI></ITEM>
<ITEM>The Law is more agile in working then the act of the paty. <HI>85</HI></ITEM>
<ITEM>The Law where it enioyns an Act to be done will provide be &s;hall not be burt, &agrave; latere that doth it. <HI>ibid.</HI></ITEM>
<ITEM>The Law regards the principall thing, and not ad|ditionals. <HI>ibid.</HI></ITEM>
<ITEM>The Law adiudges the deniall to do a thing is not
<PB REF="9"> doing it or breach of covenant. <HI>86</HI></ITEM>
<ITEM>The Law-is not &s;atisfied with shadows but &s;ub|&s;tances. <HI>ibid.</HI></ITEM>
<ITEM>The Law hath an eye to the beginning of Acts. <HI>ib.</HI></ITEM>
<ITEM>Loquendum ut vulgus. <HI>87</HI></ITEM>
<ITEM>A lawfull act by matter, ex po&s;t facto, may become unlawfull. <HI>ibid.</HI></ITEM>
<ITEM>Malitia mutat legem. <HI>89</HI></ITEM>
<ITEM>Melior dabit nomen rei. <HI>ibid.</HI></ITEM>
<ITEM>Magis dignum trahit ad &s;e minus. <HI>ibid.</HI></ITEM>
<ITEM>Magis continet in &s;e minus. <HI>91</HI></ITEM>
<ITEM>Modus &amp; conventio vincant legem &amp; Regem &amp; contra. <HI>ibid.</HI></ITEM>
<ITEM>Nihil dat, quod non habet. <HI>95</HI></ITEM>
<ITEM>Nemo bis punietur pro uno delicto. <HI>97</HI></ITEM>
<ITEM>Negativum nihil implicat, in a precipe quod red|dat. <HI>ibid.</HI></ITEM>
<ITEM>Nemo tenetur &s;eip&s;um prodere. <HI>98</HI></ITEM>
<ITEM>Negatio duplex e&s;t affirmatio. <HI>ibid.</HI></ITEM>
<ITEM>Ou une e&s;t a defetur cho&s;e ceo ne &s;erra obiect alui <HI>99</HI></ITEM>
<ITEM>Ou cho&s;e fait per implication &s;erra bone, &amp; contra. <HI>ibid.</HI></ITEM>
<ITEM>Ou cho&s;e &s;erra, rule per le greinder part de le state. <HI>100</HI></ITEM>
<ITEM>Ouvne &s;erra &s;ou iudg, deme&s;ne, paymaster, carver, &amp;c. <HI>101</HI></ITEM>
<ITEM>Parols ou voilent amount al act &amp; contra. <HI>103</HI></ITEM>
<ITEM>Parols &s;ub&s;equent bounded or qualified by the pre|cedent, &amp; &egrave; conver&s;o. <HI>104</HI></ITEM>
<ITEM>Parolx font plea. <HI>ibid.</HI></ITEM>
<ITEM>Poena aptabitur damno. <HI>105</HI></ITEM>
<ITEM>Poena &s;ine culpa. <HI>ibid.</HI></ITEM>
<ITEM>Poena delictum &s;uperabit. <HI>ibid.</HI></ITEM>
<ITEM>Particeps criminis &amp; non poenae. <HI>106</HI></ITEM>
<PB REF="9">
<ITEM>Poena tollitur cum culpa, vel &s;equitur culpam. <HI>ibid.</HI></ITEM>
<ITEM>Propo&s;itio hypothetica taken Categorice. <HI>ibid.</HI></ITEM>
<ITEM>Principio non valens tractu temporis non conva|le&s;cit. <HI>107</HI></ITEM>
<ITEM>Principio valens tractu temporis non devale&s;cit. <HI>109</HI></ITEM>
<ITEM>Principio dato &s;equitur concomitans, &amp; &s;it &s;ublato. <HI>ibid.</HI></ITEM>
<ITEM>Prae&s;umptioni &s;tabitur donec probetur in contra|rium. <HI>110</HI></ITEM>
<ITEM>Qui tacet con&s;entire videtur. <HI>111</HI></ITEM>
<ITEM>Qui &s;entit commodum &s;entire debet &amp; onus. <HI>ibid.</HI></ITEM>
<ITEM>Qui &s;entit onus &s;entire debet &amp; commodum. <HI>ibid.</HI></ITEM>
<ITEM>Qui per aliud facit per &s;eip&s;um facere videtur. <HI>112</HI></ITEM>
<ITEM>Qui remedio de&s;tituitur reip&s;a valet, &s;i culpa ab&s;it. <HI>113</HI></ITEM>
<ITEM>Qui magis &s;cit &amp; potest de eo magis requiritur. <HI>ibid.</HI></ITEM>
<ITEM>Quicquid &s;olo &s;uper&s;truitur &s;olo cedet. <HI>ibid.</HI></ITEM>
<ITEM>Quicquid remittitur fieri aequat facto. <HI>114</HI></ITEM>
<ITEM>Quae non pro&s;unt &s;ingula iuncta iuvant. <HI>ibid.</HI></ITEM>
<ITEM>Quod nece&s;&s;ario intelligitur non d<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e&s;t. <HI>ibi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</HI></ITEM>
<ITEM>Quod non capit di&s;cus rapit fi&s;cus. <HI>115</HI></ITEM>
<ITEM>Ratio dicti minus valet qu&agrave;m dictum ubi differunt. <HI>ibid.</HI></ITEM>
<ITEM>Relations. <HI>ibid.</HI></ITEM>
<ITEM>Relatio &amp; non ad ultimum. <HI>ibid.</HI></ITEM>
<ITEM>Relation will rectifie incertainties in place, time, mea&s;ure, &amp;c. <HI>117</HI></ITEM>
<ITEM>Relation shall make things have beene, as if they had never beene. <HI>118</HI></ITEM>
<ITEM>Relation to defeat a thing, shall be intenta ad u|num. <HI>119</HI></ITEM>
<ITEM>Relation will yeild to nece&s;&s;ity. <HI>ibid.</HI></ITEM>
<ITEM>Relation shall not be to take away things collaterall, &amp;c. <HI>120</HI></ITEM>
<PB REF="10">
<ITEM>Relatio ad principium, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>Ralation to time, place, &amp;c. <HI>121</HI></ITEM>
<ITEM>Relatio &s;it ad accommodatiorae. <HI>122</HI></ITEM>
<ITEM>Relation to avoid thing or a vain thing will de&s;troy that was good in the premi&s;es. <HI>123</HI></ITEM>
<ITEM>Semel malus &s;emper pre&s;umitur malus &amp; contra, <HI>124</HI></ITEM>
<ITEM>Similitudo non currit quatuor pedibus <HI>ibid.</HI></ITEM>
<ITEM>Sic utere tuo, ut non laedas alieno. <HI>ibid.</HI></ITEM>
<ITEM>Singulare di&s;tributive &s;umpta aequa<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> plurali. <HI>125</HI></ITEM>
<ITEM>Synonyma will not &s;erve in our Law. <HI>ibid.</HI></ITEM>
<ITEM>Surplu&s;&s;e, what power and influence this &s;hall have in Grants, <HI>126</HI></ITEM>
<ITEM>Totum continet &s;uas partes &amp; &egrave; conver&s;o. <HI>ibid.</HI></ITEM>
<ITEM>Totius &amp; partis eadem ratio. <HI>127</HI></ITEM>
<ITEM>Totum qui concedit partes negare non pote&s;t. <HI>ibid.</HI></ITEM>
<ITEM>Tort of his own wrong, a man &s;hall take advantag<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. <HI>128</HI></ITEM>
<ITEM>Vtile per inutile non vitiatur, nec emendatur. <HI>129</HI></ITEM>
<ITEM>Void, in a Statute where it is &s;aid what &s;en&s;e it hath, &amp;c. <HI>131</HI></ITEM>
<ITEM>Void, where a thing &s;hall be for part, or for a cer|tain time onely. <HI>132</HI></ITEM>
<ITEM>Void act as to that was intended, may yet be good and effectuall to a colaterall purpo&s;e. <HI>ibid.</HI></ITEM>
<ITEM>Volenti non fit iniuria. <HI>134</HI></ITEM>
<ITEM>Verba di&s;cretiva, &s;hall not extend to ioynt words &amp; contra. <HI>ibid.</HI></ITEM>
<ITEM>Verba coniuncta non capiantus di&s;cretive &amp; con|tra. <HI>135</HI></ITEM>
<ITEM>Vna hirundo non facit ver. <HI>136</HI></ITEM>
<ITEM>Vniver&s;ale non comprehendit omne particulare. <HI>ib.</HI></ITEM>
<ITEM>Vbi duo iuria in una concurrunt per&s;ona aeque e&s;t ac in diver&s;is. <HI>137</HI></ITEM>
<ITEM>Vigilantibus non dormientibus &s;ubveniunt leges. <HI>ib.</HI></ITEM>
</LIST>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB N="1" REF="10">
<P N="1">1 <HI>_THe act of God &s;hall preju|dice no man.</HI> Upon this rea|&s;on it is if the heire at full age tender Livery, and dye within three moneths,<NOTE PLACE="marg">8 Report <HI>Halls</HI> Ca&s;e.</NOTE> which is the time given by law to fini&s;h his Livery, he &s;hall have no prejudice, but as much benefit as if he had actually &s;ued it forth, and the intere&s;t of the King is de|termined. Le&s;&s;ee for the life of I.S. is di&s;|&s;ei&s;ed, now to recover the mean profit the Law requires an entry, if I.S. dye, which is the act of God, by which his entry is taken away, he &s;hall mayntain an action of tre&s;pa&s;&s;e without entry,<NOTE PLACE="marg">38 H. 6. 28.</NOTE> and recover the mean profits. Le&s;&s;ee Covenant to leave a wood in &s;uch plight as it was in time of the lea&s;e, it is &s;ubverted by tempe&s;t, he is excu&s;ed of his Covenant.<NOTE PLACE="marg">1 Report. 98.</NOTE> The <HI>&s;ame Law</HI> is of <HI>impo&s;&s;ibility,</HI> as if it be impo&s;&s;ible to gain actuall &s;ei&s;in, in &s;uch ca&s;e tenancy by the courte&s;ie &s;hall be without it, as in ca&s;e of Rent and Advow&s;on, and the wife dye before the rent day, &amp;c.<NOTE PLACE="marg">2 H. 3.</NOTE> <HI>Exception out of this rule is,</HI> if the act of God is not &s;o meerly, but the folly of the party inter|mixed, as where after battle joined, one of the parties becomes blind by his own fol|ly
<PB N="2" REF="11"> it &s;hall not excu&s;e him which otherwi&s;e would. A River changeth his cour&s;e and runs upon my ground,<NOTE PLACE="marg">22 A&s;&s;. 93.</NOTE> the common road &s;hall be upon this as formerly, becau&s;e it is not meerly the act of God, but my negli|gence. In like manner, the rule of Impo&s;&s;i|bility fails where it was known to me be|fore,<NOTE PLACE="marg">4 H. 6. 3.</NOTE> and therefore if I am bound to go to <HI>Rome</HI> and return in one day the bonds good. So if the matter was not meerly im|po&s;&s;ible, as if I. S. a&s;&s;ume to carry goods &s;afe by water, and they are overthrowne by tempe&s;t, this &s;hall not excu&s;e him be|cau&s;e he might have carried them another way,<NOTE PLACE="marg">32 Eliz.</NOTE> &amp;c. but if the carriage was to be by Sea otherwi&s;e it had been. La&s;tly, impo&s;&s;i|bility &s;hal not excu&s;e where no per&s;on is in being at the time to receive hurt by the im+po&s;&s;ibility, as tenant for life is the remain|der to the right heires of I. S. Tenant for life is di&s;&s;ei&s;ed,<NOTE PLACE="marg">1 Report Ca&s;e <HI>Archer.</HI></NOTE> and di&s;&s;ei&s;or levies a fine at the Common Law, I. S. dyes, his right heire &s;hall be bound, &amp;c. though it was impo&s;&s;ible he &s;hould make claime, or en|try for to avoid it, &amp;c.</P>
<P N="2">2 <HI>Act of a Court &s;hall prejudice no man &amp; contra.</HI> In a&s;&s;ize a verdict is given for the Plantiffe and at this time Corne was
<PB N="3" REF="11"> growing upon the land, the a&s;&s;ize is ad|journed into the Common Place and be|fore judgment given the corne is &s;evered and taken away,<NOTE PLACE="marg">41 E. 3. 19.</NOTE> he which recovered &s;hall lo&s;e the Corne by this adjournment. A man ought to have the priviledge of the Chancery, as &s;ervant,<NOTE PLACE="marg">35 H. 6. 3.</NOTE> the Court advi&s;es upon it, and in the mean time the ma&s;ter is dicharged of his office, yet the &s;ervant &s;hall have his priviledge. The Court inlargeth him that is in execution contrary to the Law,<NOTE PLACE="marg">2 E. 4. 8.</NOTE> its &s;aid the party is without re|medy, <HI>utlagarie</HI> after judgment is pardo|ned by the Chancellor, the debt not &s;ati&s;|fied which is a wrong,<NOTE PLACE="marg">2 Eliz. <HI>Dyer</HI> 172.</NOTE> Its left doubtfull whether the party can have any remedy, yet for the mo&s;t part the party &s;hall not be prejudiced, as if the Court advi&s;e upon a protection and before the day, in Bench the protection is repealed,<NOTE PLACE="marg">10 H. 6. 6.</NOTE> or a Writ of Errour ca&s;t in upon the fir&s;t Re|cord, upon which this in que&s;tion depends, yet the Court will give judgment. After Coun&s;ance of plea prayed,<NOTE PLACE="marg">35 H. 6. 54.</NOTE> the Court gives a continuance, this &s;hall not hinder the party to have Conu&s;ance of plea. See <HI>In|&s;titutes</HI> 3. <HI>title Appeal.</HI></P>
<P N="3">3 <HI>Who &s;hall do the fir&s;t Act, where it is
<PB N="4" REF="12"> doubtfull.</HI> Hee that &s;hall have advantage by it &s;hall do it,<NOTE PLACE="marg">14 H. 8. 18.</NOTE> the condition of a bond is if the obligor re&s;igne his Benefice for a pen&s;ion to be granted to him as they can agree, then the bond to be void. It is not &s;ufficient to agree of the pen&s;ion, but the obliegee &s;hal tender a deed for the a&s;&s;uring of it to the obligor. So where a Covenant is to a&s;&s;ure the Mannor of D. to I. S. before <HI>Michael.</HI> next, as Coun&s;ell &s;hall advi&s;e the Coun&s;ell of I.S. &s;hall give the advi&s;e, and al&s;o tender the a&s;&s;urance. Note where the thing is certain to be done, hee which is bound in a&s;&s;ump&s;it, or a bond &s;hall do it to to &s;ave an action, and damage to be re|covered again&s;t him. A&s;&s;ump&s;it to make a feoffment to I. S. is, and an action is brought without reque&s;t or tendor of any deed of feoffment, and well mayntainable becau&s;e the other may make it without deed and reque&s;t is not agreed upon. Condition of a bond is that the obligee &s;hall bring three ells of cloth to the &s;hop of the obligor which &s;hall be mea&s;ured,<NOTE PLACE="marg">Old book en|tries, 5.</NOTE> the obligor &s;hall do it to &s;ave his bond, <HI>a|liter e&s;t,</HI><NOTE PLACE="marg"><HI>E. 3.</HI> Car. per Noy. in Ca&s;u &amp; Brown Stroude.</NOTE> if the obligor is the tailor. An obli|gation is to build a hou&s;e, as I.S. &s;hal devi&s;e the obligor ought to procure this advi&s;e to &s;ave his bond</P>
<P N="4"><PB N="5" REF="12">4 <HI>Act implicit where not &s;ufficient but &s;hall be explicit.</HI> Two Garni&s;hers are in a reall action, and a &s;tranger in their pre|&s;ence doth &s;peak the words of garni&s;h|ment, this is not &s;ufficient,<NOTE PLACE="marg">43 E. 3. 32.</NOTE> but they in pro|per per&s;on ought to do it them&s;elves.</P>
<P N="5">5 <HI>Act of an Enemy &s;hall turn to my benefit.</HI> As where &s;everall <HI>Ni&s;i prius</HI> are &s;ued by the Plantiffe &amp; Defendant by pro|vi&s;o, and they have &s;everall <HI>Habeas Cor|pora,</HI><NOTE PLACE="marg">4 Eliz. <HI>Dyer</HI> 217.</NOTE> the Plaintiffe faile <HI>in Jurata Conti|nuanda,</HI> but the Defendant doth con|tinue it, the Plantiffe &s;hall take avail by it, as if he him&s;elf had done it.</P>
<P N="6">6 <HI>Act &s;ub&s;equent &s;hall be guided by agreement precedent.</HI> I.S. pays a hundred pounds at the day in the condition limited,<NOTE PLACE="marg">In&s;titutes 1. 109.</NOTE> if agreement was before that hee &s;hould have part of that hundred pound againe, this is no performance of the condition. A. brings goods into the Market to &s;ell and there was an agreement before out of the Market for the&s;e &s;ame goods,<NOTE PLACE="marg">1 Mar. <HI>Dyer</HI> 99</NOTE> if I. S. had the true property of the&s;e, no pro|perty is altered by this &s;ale. <HI>Sic &egrave; conver&s;o.</HI> Act precedent by act &s;ub&s;equent, as where the Lord di&s;treins his tenant, and after kils the di&s;tre&s;&s;e, this in Law is a Declaration
<PB N="6" REF="13"> of his intent from the beginning,<NOTE PLACE="marg">12 E. 4. 8.</NOTE> and makes him a tre&s;pe&s;&s;er. Land di&s;cends to two daughters, the elde&s;t enters into the whole, and makes a feoffment with War|ranty,<NOTE PLACE="marg">9 Report Ca&s;e <HI>Dowman.</HI></NOTE> this declares the generall entre to be for her &s;elf, and not for them both, and con|&s;equently it is no Warranty by di&s;&s;ei&s;in.</P>
<P N="7">7 <HI>Act imperfect of the part of the one party &s;hall be &s;o of both.</HI> As a woman with|in the age of 12 yeers is married to a man of above 14 yeers,<NOTE PLACE="marg">In&s;titutes 1. 79</NOTE> in this ca&s;e though hee may con&s;ent to marriage, yet becau&s;e &s;hee cannot, he is at liberty to di&s; gree to this marriage as well as the woman.</P>
<P N="8"><NOTE PLACE="marg">P. 42 Eliz. Ca&s;e <HI>Co&s;terd.</HI></NOTE>8 <HI>Act executed where it &s;hall be defea|&s;ible and contrary.</HI> The husband and wife joyn in a Lea&s;e of the Lands of the wife, or grant her goods, and after they are di|vorced this &s;hall &s;tand. So when an Ad|mini&s;trator doth nece&s;&s;ary acts, and then the Executor proves the Will, yet tho&s;e acts &s;hall &s;tand firme; &s;o where a Par&s;on makes a Lea&s;e,<NOTE PLACE="marg">In&s;titute 1. 138. &amp; Kell. 126.</NOTE> and after is deprived be|cau&s;e a Layman, the Lea&s;e &s;hall &s;tand.</P>
<P N="9">9 <HI>One Act may inure to two intents.</HI> The tenant infe&s;ts the Lord and a &s;tranger, and makes livery to the &s;tranger,<NOTE PLACE="marg">3 Report Ca&s;e <HI>B.</HI> &amp; <HI>Bac.</HI></NOTE> in name of both the Lord enters and di&s;treins, this
<PB N="7" REF="13"> is a di&s;agreement to the feoffment, and a deve&s;ting of the Freehold. Tenant for life impleaded,<NOTE PLACE="marg">38 H. 6. 37.</NOTE> prayeth in ayde of the Grantee of the Rever&s;ion&punc; this &s;hall amount to an Attournament. Le&s;&s;ee Surrenders to the Grantee of the Rever&s;ion, this amounts al&s;o to an Atourment.<NOTE PLACE="marg">12 H. 7. 15. Plo. 87. 5 Report 15.</NOTE> A Par&s;on demi&s;eth to his Patron who a&s;&s;ignes this over to I. S. this is a good grant of the tearme, and al&s;o a Confirmation,<NOTE PLACE="marg">6 Report Ca&s;e <HI>Fitzwilliams.</HI></NOTE> the &s;ame Indenture may revoke the old u&s;es, and declare new u&s;es.</P>
<P N="10">10 <HI>Actori incumbit onus.</HI> A partition is &s;ued of the Mannor of D. one defendant alledges that part of the land was purcha|&s;ed, &amp; is not parcel of the Mannor,<NOTE PLACE="marg">Dyer 266.</NOTE> he ought &s;hew the certainty of that parcell, other|wi&s;e the Jury are not bound to find it, if they do that, <HI>e&s;t vere&s;imile.</HI></P>
<P N="11">11 <HI>An Act to him&s;elf,</HI><NOTE PLACE="marg">11 H. 7. 4. In&s;titutes 2. 139. 14 H 6. 2. 5 H. 7. 2.</NOTE> <HI>a man may doe and contrary.</HI> A Sheriffe is Plantiffe, hee may take pledges to him&s;elfe, and hee may execute a <HI>Replevin</HI> again&s;t him&s;elf as I.S. tenant in tayle, vouch him&s;elfe to &s;ave the tayle, hee may have Proce&s;&s;e again&s;t him|&s;elfe.<NOTE PLACE="marg">8 E. 3. 21.</NOTE> The Sheriffe is in &s;ei&s;in of a Bayli|wick, of a Liberty by &s;ei&s;ure, he him&s;elfe as Sheriffe &s;hall command him&s;elf as Bay|ly
<PB N="8" REF="14"> of that Liberty, to execute that Proce&s;&s;e. There is a Writ in the Regi&s;ter directed to the Sheriff, to inhibit him&s;elf, that hee proceed not in a Writ of right,<NOTE PLACE="marg">F.n.b. 4. e.</NOTE> a Bi&s;hop is defendant in a Writ of Dower, he him&s;elf &s;hall certifie the loyalty of the marriage in his own Ca&s;e.<NOTE PLACE="marg">10 E. 2. ff. Triall 100.</NOTE> The old books differ whe|ther a Sheriff may &s;ummon him&s;elf or no, but later authorities have re&s;olved it, that he cannot, but where two Sheriffs are, the one may &s;ummon the other,<NOTE PLACE="marg">Michel 14. &amp; 15 Eliz. Ca&s;e, Vic. <HI>Norwich.</HI></NOTE> but then note a &s;peciall mention &s;hall be of that in the Writ, and direction that the other &s;hall &s;ummon him. It is holden, the Sheriff who is demandant may execute all proce&s;&s;e till it come at the <HI>Venire facias,</HI><NOTE PLACE="marg">20 E. 4. 7.</NOTE> otherwi&s;e where he is tenant. The Archb. of <HI>Can|terbury</HI> is made executor to one, who hath <HI>bona notabilia,</HI><NOTE PLACE="marg">9 E. 4. 33.</NOTE> if he wil refu&s;e the executor|&s;hip hee &s;hall make this before his Com|mi&s;&s;ary and not by him&s;elfe; a Sheriffe is conu&s;ee of a &s;tatute,<NOTE PLACE="marg">Trin. 43. Eliz. Ca&s;e. Sir <HI>Thomas Gerrerd.</HI></NOTE> he cannot execute a Li|berate him&s;elfe. It is doubted whether a &s;teward may admit him&s;elf to a Copyhold or no. See more of this title, 14 <HI>H.</HI> 8.31. <HI>Plo. ca&s;u, Plat. vice&s;imo primo</HI> 6.16. <HI>Coke Juri&s;diction of Court.</HI> 105.</P>
<P N="12">12 <HI>Where part of an Act cannot be per|formed,
<PB N="9" REF="14"> yet the re&s;t &s;hall.</HI> The condition of a bond is that I.S. &s;hall be a&s;&s;ured at <HI>Mi|chael.</HI><NOTE PLACE="marg">40 E. 3. 12. Ca&s;e <HI>Io. de Pech<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</HI></NOTE> of the Remaynder of the Mannour of D. after the death of I.S. and that H. &s;hall be pre&s;ent at this a&s;&s;urance, H. dyes before <HI>Michael.</HI> yet the a&s;&s;urance &s;hall be made, the &s;ame Law is if the words were that R. him&s;elf &s;hould be pre&s;ent, though he comes not then and there, yet the a&s;&s;u|rance &s;hall not &s;tay of that, becau&s;e his pre&s;ence is not nece&s;&s;ary, For the Remayn|der may be limited to him ab&s;ent.</P>
<P N="13">13 <HI>One &s;hall not have benefit of his own Act; prejudice he may.</HI><NOTE PLACE="marg">6 E. 4. 4.</NOTE> A man is <HI>ut|lage</HI> of felony, or condemned in debt, exe|cution &s;hal be done notwith&s;tanding. And this holds again&s;t the King him&s;elfe. Q. <HI>Mary</HI> who had an e&s;tate <HI>dum &s;ola fuerit,</HI><NOTE PLACE="marg">5 Mar. Dyer, 141.</NOTE> granted a Rent, the Rever&s;ion di&s;cends to her, and then &s;hee marries, it &s;eems &s;hee &s;hall not avoid this Rent by her mariage, <HI>contra e&s;t aliquando,</HI> by the folly of ano|ther, as one enters a bond to A. that he and A. &s;hall &s;tand to the arbitrement of I. S. or that A. &s;hal take a Feoffment of him. A.<NOTE PLACE="marg">33 H. 6. ff. barr. 165.</NOTE> refu&s;es, he him&s;elf &s;hall take the forfeiture of this bond for the folly of the other to undertake this. If one that hath Collation
<PB N="10" REF="15"> to a Benefice, do pre&s;ent to it hee hath lo&s;t his Collation, and &s;ubjected the Church to a lap&s;e,<NOTE PLACE="marg">F.n.b. 35 E. 2.</NOTE> &amp;c. &s;o if a Par&s;on impropriate pre|&s;ent to the Church, it makes it di&s;appro|priate. A Lord holds land for the value of the mariage by two yeeres, and the tenant enters before all is levied, the Lord &s;hall recover the whole value. An heire who held by homage and fealty takes his land of the King upon office found,<NOTE PLACE="marg">44 A&s;&s;. 35.</NOTE> that hee held by forty pound <HI>per annum,</HI> he &s;hall be bound all his life time to pay that Rent &s;o prejudiced by his act.</P>
<P N="14">14 <HI>One &s;hall be puni&s;hed for the Act of another.</HI> A di&s;&s;ei&s;or cea&s;eth, the di&s;&s;ei|&s;ee enters,<NOTE PLACE="marg">44 E. 34.</NOTE> he &s;hall be charged in a <HI>Ce&s;&s;a|vit.</HI> Accompt is brought again&s;t two, the one enters into the accompt,<NOTE PLACE="marg">44 E. 3. 13.</NOTE> and it is found again&s;t him, it &s;hall bind both: One is impri&s;oned in the Mar&s;hal&s;es, a &s;tranger breaks the pri&s;on, the Mar&s;hall &s;hall bee charged for the whole debt. I have a way over the lands of twenty men,<NOTE PLACE="marg">33 H. 6. 26. <HI>per Pri&s;ot.</HI></NOTE> one of them &s;tops the way in his land, I &s;hall have an action again&s;t all tho&s;e over who&s;e lands the way was. A rate is put upon a towne for the fees of a Knight of the Parliament, the bea&s;ts of him hath payd his part,<NOTE PLACE="marg">11 H. 4. 2.</NOTE> are
<PB N="11" REF="15"> taken for the re&s;idue, hee &s;hall not have a replevin, but the bea&s;ts &s;hall be &s;old to pay this dutie.</P>
<P N="15">15 <HI>One &s;hall not defeate his own Act: &amp; &egrave; contra.</HI> Le&s;&s;ee for years grants the next avoydance, and then &s;urrender,<NOTE PLACE="marg">8 Report Ca&s;e <HI>Davenport.</HI></NOTE> this &s;hall not de&s;troy his own grant. A grant com|mon to B. for a hor&s;e, and after grant a Rent charge, the hor&s;e of B. &s;hall not bee de&s;trained.<NOTE PLACE="marg">20 H. 7. 10. 5 Mar. Dyer 151.</NOTE> <HI>Brook</HI> the chiefe Ju&s;tice did put out an Officer which he him&s;elfe had admitted before: And &s;o an Ordinary may admit the &s;ame partie able, whom he hath returned disable before.</P>
<P N="16">16 <HI>Agens &amp; con&s;entiens pari poena plectuntur.</HI> If one takes a hor&s;e by wrong,<NOTE PLACE="marg">43 E. 3. 43.</NOTE> by my con&s;ent, tre&s;pa&s;&s;e lies again&s;t mee, A. mayme, B. by a&s;&s;ent of C. appeal lies again&s;t A. and C.<NOTE PLACE="marg">22 A&s;&s;. 82.</NOTE> and damages equally a|gain&s;t both, otherwi&s;e it is where intere&s;t is to be bound, as Dean and Chapter, &s;ei|&s;ed in <HI>&s;imul,</HI> the Dean lea&s;eth the Land with con&s;ent of the Chapter:<NOTE PLACE="marg">Dyer 40.</NOTE> This is not good.</P>
<P N="17">17 <HI>A Po&s;&s;e ade&s;&s;e non e&s;t bona argu|mentatio, &s;ic &agrave; non e&s;&s;e ad non po&s;&s;e.</HI> A de|vi&s;e is of Land in fee, &s;o of goods, if the Devi&s;ee dye before the Devi&s;or his heire,
<PB N="12" REF="16"> nor Executor &s;hall gaine any thing by this Will.<NOTE PLACE="marg">Plo. 345. Ca&s;e <HI>Brett.</HI></NOTE> A. is indebted to B. 200 pound, and delivers goods to him to &s;ell, <HI>meliori mo|do quo poterit,</HI><NOTE PLACE="marg">18 E. 4. 5.</NOTE> to pay him&s;elfe hee is prof|fered 200 pound for the goods, and refu&s;es it, and after hee &s;els them for 12 pence, A. &s;hall an&s;wer the re&s;idue of the debt not|with&s;tanding this proffer and po&s;&s;ibility was,<NOTE PLACE="marg">5 E. 3. 64.</NOTE> &amp;c. Lands have never been departed betwixt males, therefore cannot be is a <HI>non &s;equitur.</HI></P>
<P N="18">18 <HI>A po&s;&s;e ad e&s;&s;e bona fit argumenta|tio.</HI> Condition of a bond is to &s;ave harm|le&s;&s;e without damage, if he may be damni|fied, though he is not <HI>in facto,</HI> the condi|tion is broken.<NOTE PLACE="marg">5 Report Ca&s;e <HI>Broughton.</HI></NOTE> If an E&s;chetor may &s;ei&s;e goods for a forfeiture, it is all one as if hee did, when he will he may. A husband hath a terme in the right of his wife,<NOTE PLACE="marg">18 E. 4. 28. 50 A&s;&s;. 5.</NOTE> and is a debtor to the King though hee dye, this term &s;hall be charged to the King, the &s;ame law of one joynt tenant debtor. Tenant in tayle, becau&s;e it is in his power to dock the remainder upon this,<NOTE PLACE="marg">6 Report, Sir <HI>Anthony Mild|mais</HI> Ca&s;e.</NOTE> the law takes this as done, and for this rea&s;on puts no value upon it, as A&s;&s;ets to an heire, &amp;c.</P>
<P N="19">19 <HI>A non po&s;&s;e ad non e&s;&s;e bona e&s;t ar|gumentatio.</HI> The condition is, if a rent is
<PB N="13" REF="16"> behind and no di&s;tre&s;&s;e, he may re-enter, he demands at the day, and the doore is &s;hut again&s;t him,<NOTE PLACE="marg">Pa&s;ch. 23. Eliz</NOTE> albeit a di&s;tre&s;&s;e is in the hou&s;e, becau&s;e hee cannot come to it, the condition is broken as if no di&s;tre&s;&s;e were there, &s;ee if reque&s;t &s;hall be to open the doore.</P>
<P N="20">20 <HI>Act me invito fait ne&s;t mon act.</HI> I cha&s;e Deer out of my land with a dog, and after I recall the dog,<NOTE PLACE="marg">43 E. 3. 8.</NOTE> but hee notwith&s;tanding pur&s;ues him and kils him within the li|berty, I &s;hall not be <HI>puni&s;hed for this within</HI> the &s;tatute. An a&s;&s;ize of Common is brought and hanging this the Plaintiffs cattle e&s;cape thither,<NOTE PLACE="marg">F.n.b. 180. 33 A&s;&s;. 9.</NOTE> this &s;hall not abate his Action.</P>
<P N="21">21 <HI>Argumentum &agrave; minori ad majus tenet affirmative.</HI> Upon this rea&s;on a Pro|vi&s;o in the &s;tatute of ordinaries extends to the High Commi&s;&s;ion,<NOTE PLACE="marg">5 Report Ca&s;e <HI>Cawdry.</HI></NOTE> which is above them, and the <HI>contrary is al&s;o true,</HI> as a &s;ta|tute which &s;peaks of Deanes doth not extend to Bi&s;hops. So the Statute of 8 <HI>H.</HI> 6. which &s;peaks of Clerks rai&s;ing Records, a Judge is not within it.<NOTE PLACE="marg">In&s;titutes 3. 72. &amp; 20.</NOTE> So in exp&s;ition of Trea&s;ons this argument doth not hold the le&s;&s;e is made trea&s;on. <HI>Ergo</HI> the greater, &amp;c.</P>
<P N="22"><PB N="14" REF="17">22 <HI>Bonum publicum privato preferen|dum.</HI> Upon this rea&s;on a man may dig in my &s;oyle to make Bulwarks again&s;t ene|mies of the King.<NOTE PLACE="marg">36 H. 8. Dyer 60. 8. E. 4. 19. 13 E. 4. 9. Lynius 35. Plo. 322. 21 E. 4 47.</NOTE> So fi&s;hers in the &s;ea may come upon my land, &amp;c. Its lawfull to break a doore to finde a Felon if felony is done. Upon this rea&s;on the Civillians &s;ay, <HI>Si pi&s;cator ligat navem ad arborem domi|nus arboris eam incidere non pote&s;t:</HI> upon this rea&s;on it was that the King might cut my trees for repayre of his Ca&s;tles before <HI>Magna Charta.</HI> And if the King grant to a County or Hundred, that they &s;hal not be Jurors in Enque&s;ts, it is void, becau&s;e pub|lique prejudiced.</P>
<P N="23">23 <HI>Cau&s;a qualis tale Cau&s;atum.</HI> I cove|nant with one, &amp; his executors make a lea&s;e of B. Acre before <HI>Michael.</HI> and the Co|venantee dyes before <HI>Michael,</HI> and I make the Lea&s;e to his Executor, this Lea&s;e &s;hall be in the &s;ame degree as the Covenant was,<NOTE PLACE="marg">Plo. 292. Ca&s;e <HI>Chapman.</HI></NOTE> and &s;o &s;hall be to the u&s;e of the te&s;ta|tor, and A&s;&s;ets in the Executor, the &s;ame Law is if an Executor have a villaine who purcha&s;eth land, hee &s;hall have this as he held the villaine, &amp;c. <HI>fallit regula,</HI> In ca&s;e a&s;&s;i&s;e is brought oyntly again&s;t fa|ther and his daughter, and the father &s;ayes
<PB N="15" REF="17"> he is villein to I. S. howbeit &s;hee is of the like quality,<NOTE PLACE="marg">10 A&s;&s;. 7.</NOTE> yet this plea &s;hall not be ma|teriall to her.</P>
<P N="24">24 <HI>Cau&s;atum non excedit &s;uam cau|&s;am.</HI> Tenant for years grants a Rent for life of the Grantee. He &s;hall not have fre<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> hold in this Rent, but if he die within the terme, the Rent &s;hall cea&s;e, and &s;hall be as if granted for &s;o many years as the Gran|tor hath, if the Grantee &s;o long live,<NOTE PLACE="marg">Plo. 524. 15 E. 4. 8. Plo. 555.</NOTE> but &s;ee <HI>ibid.</HI> that for nece&s;&s;ity of rea&s;on, and by fiction in Law, it may be other|wi&s;e.</P>
<P N="25">25 <HI>Cau&s;ans damnum equalis faci|enti.</HI> If one breake down a gap in my hedge,<NOTE PLACE="marg">9 E. 4. 4.</NOTE> by which bea&s;ts e&s;cape into my Clo&s;e, from the Common adjoyning, now the tre&s;pa&s;&s;e which at the fir&s;t was onely 4. d. may bee 20. lib. by the in&s;uing da|mage. Two combat,<NOTE PLACE="marg">Stamford 17.</NOTE> and the one kils the other, &amp; this was by rea&s;on of the words of a woman; &s;hee was arraigned for this felonie. Tre&s;pa&s;&s;e for burning the Plan|tiffs hou&s;e,<NOTE PLACE="marg">48 E. 3. 25.</NOTE> &amp; declares that it was burnt by negligence of the defendant and holden, a good count to maintain their writ. If the partie &s;hews other goods then he ought to do in a Replevin,<NOTE PLACE="marg">11 H. 4. 91.</NOTE> or in a <HI>Cap. &s;a.</HI> &s;hews a
<PB N="14" REF="18">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="15" REF="18">
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<PB N="16" REF="19"> man to the Officer, he &s;hall be charged in tre&s;pa&s;&s;e, and fal&s;e impri&s;onment, and &s;o &s;hall the other too. Somtime the Law more puni&s;hes the cau&s;or then the actor of an injury as a <HI>Capias</HI> i&s;&s;ueth where it ought not,<NOTE PLACE="marg">Michel. 23. H. 7. Kell. Pla. 5.</NOTE> he that took it out &s;hall be pu|ni&s;hed, but the &s;heriffe excu&s;ed.</P>
<P N="26">26 <HI>Conjunctive, and collective, words taken &s;eor&s;im and di&s;cretive.</HI> Three men &s;ubmit them&s;elves to arbittrement of all matters betwixt them and A, this &s;hall be not onely of matters they have joyntly a|gain&s;t A,<NOTE PLACE="marg">2 R. 3. 18.</NOTE> but what either of them hath again&s;t him. An e&s;tate is limited to two. &amp; if they die without i&s;&s;ue, the remainder to another in this ca&s;e, upon the death of either of them, the e&s;tate as to his part &s;hall go to the remainder man. Severall demi&s;es and rents are in one Indenture of lea&s;e and le&s;&s;ee Covenants,<NOTE PLACE="marg">16 Eliz. Dyer Ca&s;e, <HI>Clatches.</HI></NOTE> to pay <HI>re|ditum praedictum,</HI><NOTE PLACE="marg">No. lib. d' En|tries 115.</NOTE> this Covenant extends to all the &s;everall rents: Two grant <HI>om|nia bona,</HI> &s;o A. relea&s;es to B. and C. all a|ctions,<NOTE PLACE="marg">19 H. 6. 6.</NOTE> this extends to their &s;everall goods and actions, as well as joynt. Three &s;e|verall men make three &s;everall Covenants, and in conclu&s;ion of the Indenture one is bound to performe the Covenants made<NOTE PLACE="marg">11 H. 7. 6.</NOTE>
<PB N="17" REF="19"> betwixt A. I. and S. This doth extend to the Covenants <HI>&s;eparatim. A &s;cire facias</HI> is again&s;t the &s;ucce&s;&s;or of a Prior of D.<NOTE PLACE="marg">17 E. 4. 2.</NOTE> and &s;hews a recovery again&s;t his pre|dece&s;&s;our and part behinde in his owne time. <HI>Et quod non redierunt, &amp;c.</HI> and this ruled good. See <HI>Dyer</HI> 150,</P>
<P N="26">26 <HI>Cau&s;a ce&s;&s;ante ce&s;&s;at effectus.</HI> If the offence is pardoned,<NOTE PLACE="marg">37 H. 621. 5 Report Ca&s;e <HI>Vaughan.</HI> 36 H. 624. 15 E. 4. 17.</NOTE> for which the She|riffe ought to be amerced, no amercement &s;hall be. The husband and wife lea&s;e by deed, he dyes &s;hee accepts the rent, if the Le&s;&s;ee lo&s;e the Deed of lea&s;e, &s;he &s;hall a|void the lea&s;e, for this was the &s;ole cau&s;e &s;he was e&s;topped, &amp;c. The Feoffor &s;hall have and hold the Charter of the land a|gain&s;t the Feoffee, by rea&s;on of the War|ranty,<NOTE PLACE="marg">1 Report 2. 4 Report. Ca&s;e <HI>Acto<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</HI></NOTE> but if this determine he &s;hall hold them no longer, but note it is cau&s;e exe|cutory is intended, as Annuity granted <HI>pro con&s;ilio.</HI> I grant to I. S. that I will clayme nothing in the Mannour D. of which the Grantee is &s;ei&s;ed, and for this he grants me an Annuity,<NOTE PLACE="marg">15 E. 4. 3.</NOTE> in this Ca&s;e the entry of the Grantee wil not cau&s;e the annuity to cea&s;e, and &s;ee <HI>ibid.</HI> A good Ca&s;e of an Advow&s;on granted for an annuity.<NOTE PLACE="marg">24 E. 3. 53. 4 <HI>Abbot</HI> and <HI>Lewes</HI> Ca&s;e.</NOTE> And note it is not in the power of the Grantor to cea&s;e his own
<PB N="18" REF="20"> grant, as if hee will &s;ay to the Grantee hee will not have his Coun&s;ell, the Annuity &s;hal continue, though <HI>Richel</HI> in 7 <HI>H.</HI> 4. 16 thought otherwi&s;e. A man grants to make a new pale for the old one, if hee cannot have the old one, he is di&s;charged to make a new one, yet in <HI>Pigots</HI> ca&s;e, if he can have an Action for the old pale, he is bound to make the new one.<NOTE PLACE="marg">15. E. 43. 5 E. 4. &amp;</NOTE> Note another diffe|rence, where the Office determines for which the Annuity was granted, that &s;hall cea&s;e al&s;o. &s;ee 12 <HI>A&s;&s;.</HI> 41. 20 <HI>A&s;&s;.</HI> 27 <HI>E.</HI> 4. 10. 49 <HI>E.</HI> 3. 45. 1 <HI>H.</HI> 4. <HI>ultimo.</HI> Note another difference.<NOTE PLACE="marg">Plo. 381.</NOTE> It mu&s;t be <HI>cau&s;a</HI> not <HI>circum|&s;tantia,</HI> which cau&s;es this Ce&s;&s;er, and there|fore where Covenant is to make Divine Service in the hou&s;e of the Grantee every Sabboath day, though the Grantee depart with the hou&s;e, yet the &s;ervice &s;hall be done.<NOTE PLACE="marg">6 H. 41.</NOTE> But if the cau&s;e cea&s;e but in part, the whole Annuity &s;hall be lo&s;t. The King grants the office of a Keeper to two, and the one fails in di&s;charge of his duty, the the whole fee &s;hall determine. So if An|nuity is for Coun&s;ell to two,<NOTE PLACE="marg">Plo. Ca&s;e. <HI>Nevill.</HI></NOTE> and the one refu&s;e, <HI>fallit haec regula,</HI> as where a Guar|dian in Chivalry hath the body in ward, and there be other lands in Soccage, the next of kin &s;hall not have this land in
<PB N="19" REF="20"> Ward,<NOTE PLACE="marg">Plo. Ca&s;e. <HI>Carrell.</HI></NOTE> though the body of the Ward is to another (which is the cau&s;e) but the next of kin to whom it cannot di&s;cend &s;hall have it. Arbitrement is to pay ten pounds for &s;ixe yeeres, to educate B, B. dyes, yet the payment &s;hall continue during the terme,<NOTE PLACE="marg">Dyer 329.</NOTE> Proce&s;&s;e agard to the Coro|ner for Co&s;inage to the Sheriffe, who after becomes out of office, and another put in,<NOTE PLACE="marg">14 H. 731. 18 E. 4. 3.</NOTE> yet the Proce&s;&s;e &s;hall continue to the Coroners. <HI>Vide</HI> more of this matter and title, 4 <HI>Mar. Dyer</HI> 141. <HI>Kell.</HI> 124. <HI>Davis Reports</HI> 3. and <HI>Ca&s;e Lutterell</HI> 4 <HI>Report.</HI></P>
<P N="27">27 <HI>Coliquintidae parum totum Jus vi|tiat.</HI> A &s;uit is in the &s;pirituall Court for wood, tithable, if any part is free from tithes, a prohibition lyes for the whole: if for part of the action, though the le&s;&s;e part,<NOTE PLACE="marg">11 H. 489.</NOTE> juri&s;diction ought not to be to the Court where it is begun. It &s;hall be outed for all. A bond is made upon a u&s;urious contract for part, all &s;hall be avoyded.<NOTE PLACE="marg">In 33 Eliz. Ca&s;e <HI>Paramor</HI> and <HI>Robin&s;on.</HI> 22 H. 6. 6.</NOTE> If my Coun|&s;ell labour jurors, hee is a mayntainer <HI>ab initio,</HI> even for his Coun&s;ell. Husband and wife do vary in the declaration of u&s;es for the particular e&s;tate as for life, and con|cur, as to the fee it is void for all.<NOTE PLACE="marg">2 Report Ca&s;e <HI>Beckwith.</HI></NOTE> Divers Covenants in an Indenture are void, be|cau&s;e
<PB N="20" REF="21"> it is concerning a grant of an office contrary to the &s;tatute 5 <HI>E.</HI> 6. and one Covenant therein is good yet the bond to performe Covenants is void for all.<NOTE PLACE="marg">1 Report. 82. <HI>Cal. Col&s;hill.</HI></NOTE> Super&s;titious u&s;e intermixed infects all the good,<NOTE PLACE="marg">2 Report 113.</NOTE> &s;o covine.</P>
<P N="28">28 <HI>A Conjunctis ad devi&s;a male argui|tur,</HI> as the Ordinary may take a refu&s;all by all the executors,<NOTE PLACE="marg">9 Report Ca&s;e <HI><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">enlo&s;e.</HI> <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> H. 7. 19.</NOTE> <HI>Ergo,</HI> of any is fal&s;e. One is heire to husband and wife, <HI>Ergo,</HI> to the husband is a <HI>non &s;equitur.</HI></P>
<P N="29">29 <HI>Conjunctorum utrumque oportet e&s;&s;e verum,</HI> and performed, as where the condition of a bond is double, &s;o the con|&s;ideration of a&s;&s;ump&s;it both &s;hal be perfor|med.<NOTE PLACE="marg">44 E. 4 21. 4 Report Ca&s;e <HI>Digbie.</HI></NOTE> A licen&s;e <HI>recipere &amp; retinere,</HI> both &s;hal be done, leafe is &amp; bond to pay 10 <HI>li.</HI> rent if no re&s;treint be of &s;owing &amp; making woad, and after a Proclamation is to prohibit &s;owing of Woad, he &s;hall pay his rent in this ca&s;e.<NOTE PLACE="marg">T. 32. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">liz. Rot. 431. Ca&s;e <HI>Shervvod.</HI></NOTE> Rent is granted out of land in the tenure and occupation of I. S. though he had it all in Lea&s;e, if hee have it not in occupation, the land is not charged.</P>
<P N="30">30 <HI>D<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">mnum a&s;que injuria, is not pu|ni&s;hable.</HI><NOTE PLACE="marg">11 H. 447. 22 his 14. 7 E. 3. 65.</NOTE> As if a Schoole-ma&s;ter erect a new Schoole to the hurt of the former Ma&s;ter; &s;o if a new M<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ll is &s;et up to the
<PB N="21" REF="21"> prejudice of the ancient one to which all within the Town re&s;orted before, no acti|on lies, &s;o where arable is laid down to pa&s;ture, by which my ancient pa&s;tures give not &s;uch a rate as formerly, or agi&s;|ment not &s;o much. 31 <HI>Sic &egrave; conver|&s;o in<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">uria ab&s;que damno is not actiona|ble.</HI> A man is affied to a woman, and when the bains are publi&s;hed in the Church, another forbids them, &s;ay|ing, that hee hath another wife, which is fal&s;e, this is <HI>Injuria ab&s;que damno,</HI><NOTE PLACE="marg">Trin. 5. Car. Ca&s;e <HI>Ap. Ioh<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"></HI></NOTE> be|cau&s;e he may compell her to marry him being affied. I may enter into your clo&s;e, and put out Savages,<NOTE PLACE="marg">Michel. 12. H. 7. Kell. 2.</NOTE> or your own cattle out of your corne, which have e&s;caped in by your own fence.</P>
<P N="32">32 <HI>Deus &amp; natura ferenda.</HI> If the water change his cour&s;e, and run upon my Land,<NOTE PLACE="marg">22 A&s;&s;. 93.</NOTE> the common road &s;hall be there as before.</P>
<P N="33">33 <HI>Dictum partis, is not exclu&s;ive taciti dicti legit,</HI> Le&s;&s;or Covenant Le&s;|&s;ee &s;hall have fewell by his a&s;&s;ignement, he may take it without a&s;&s;ignement.<NOTE PLACE="marg">Dyer 19. 44 E. 3. 18. 40 E. 3. 10.</NOTE> A rent is granted to di&s;trein for this by the Baily of the King, yet he may without him.</P>
<P N="34">34 <HI>Disjunctorum &s;ufficit alterum
<PB N="22" REF="22"> e&s;&s;e verum.</HI> It is pleaded the Bi&s;hop &amp; his predece&s;&s;ors have u&s;ed to grant &s;uch an office,<NOTE PLACE="marg">10 Report 59 Ca&s;e <HI>Eve&s;que-Sarum.</HI></NOTE> <HI>Tali per&s;one, &s;ine per&s;onis</HI> as he plea|&s;eth; this is no affirmation that hee had granted it to more then one, &s;o that i&s;&s;ue can be taken upon that, but the plea is true, if he had granted it to one onely.</P>
<P N="35">35 <HI>Di&s;tructio facti, &s;hall be eodem mo|do quo creatio.</HI> A &s;pecialty mu&s;t be avoy|ded by deed,<NOTE PLACE="marg">7 E. 4. 15. 5 Report Ca&s;e, Com. <HI>Rutland.</HI></NOTE> an u&s;e declared by Indenture &s;hall not be altered but by indenture, yea, though but in abatement as re&s;ceit of parcell upon a deed &s;hall, not bee admited without deed of it,<NOTE PLACE="marg">15 H. 7. 10.</NOTE> otherwi&s;e it is where matter of fact intervenes, as in covenant before he can have an action: &s;o in ca&s;e of a rent becau&s;e of di&s;tre&s;&s;e is to be pay|ment is a good plea without deed,<NOTE PLACE="marg">21 H. 6. 33. 6 Report Ca&s;e <HI>Blake.</HI> <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> H. 7. 33.</NOTE> and &s;o is it there, though he bring a Writ of An|nuity, <HI>quod nota.</HI> A man is bound he &s;hall not occupy my land in D, I after let it unto him, this is not to purpo&s;e to &s;ave his bond without writing: and yet matter in fact wil aid an imperfect writing to make it good, as where an Acquittance was pleaded to a bond, and upon &s;ight of it, it reher&s;es it was money due upon Pur|cha&s;e of Land now by an Averment that
<PB N="23" REF="22"> this bond was taken after the money due for the purcha&s;e, and agree in the &s;umme,<NOTE PLACE="marg">3 H. 7. 14.</NOTE> by this the Acquittance is helpt.</P>
<P N="36">36 <HI>Dictum partis, which is no more then dictum Legis operates nothing at all.</HI> Lea&s;e is for life, and the Le&s;&s;or grants the Rent to A. for life,<NOTE PLACE="marg">26 A&s;&s;. 38.</NOTE> in who&s;e hands &s;o ere the Land &s;hall come, this is no more then for the life of the Le&s;&s;or. A gift is to two of land, and <HI>uni eorum diutius, viventi,</HI> they make partition and the one dyes, the &s;urvivour &s;hall not have his part by the&s;e words, and <HI>uni eorum, &amp;c.</HI> which is no more then the law would have &s;aid. A bond is to do &s;uch an Act (if the law per|mit) its all one,<NOTE PLACE="marg">30 A&s;&s;. 8.</NOTE> as if it had been to doe it ab&s;olutely: &s;ee 9 <HI>Report, Flowers Ca&s;e.</HI> 4 <HI>Report Ca&s;e Burrow.</HI> 2 <HI>H.</HI> 7. 9. <HI>aliter ca|&s;u.</HI><NOTE PLACE="marg">12 H. 8. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</NOTE> As a man charges his executor to pay his debts, by his Will by the&s;e words, the debtor may &s;ue a man in Court Chri&s;tian, <HI>quod quere,</HI> by the allower of this book. A bond to infeoffe A. if be plea&s;e, though the law &s;ays as much that he cannot be in|feoffed again&s;t his will, yet it hath this o|peration, to alter the law in this, that the obligor is not bound to make this feoff|ment till A, &s;ignifie his minde, &amp;c. The
<PB N="24" REF="23"> Statute 21 <HI>H.</HI> 8. &s;ays, that he who takes a &s;econd Benefice, the fir&s;t &s;hall be void, which the Eccle&s;ia&s;ticall law &s;aid before, yet this operation is by this expre&s;&s;e &s;aying of that Act, that it &s;hall be void without notice, where value is above eight pounds. <HI>Vide</HI> 17 <HI>E.</HI> 3. 7. <HI>Dyer</HI> 46. <HI>&amp;</HI> 264. <HI>Perkins</HI> 105.</P>
<P N="38">38 <HI>Dominus &amp; Servus, Judge and Mini&s;ter, Subject and Sovereigne, Idem non erit, &s;o Judge and party.</HI> A woman is Guardian of the Fleet,<NOTE PLACE="marg">Plo. <HI>Plats</HI> ca&s;e</NOTE> and takes one of the pri&s;oners to husband, this is an e&s;cape. If one hath a Benefice and is made Bi&s;hop of the &s;aid Dioce&s;&s;e,<NOTE PLACE="marg">5 E. 3.</NOTE> the Benefice is void. He which is Ju&s;tice of the Peace is made Sheriffe, the Patent of Ju&s;tice determines. A man hath an Annuity for &s;ervice to the Prince of <HI>Wales,</HI> he is made King, the &s;er|vice &s;hall cea&s;e he is no longer Prince.<NOTE PLACE="marg">Plo. Sir <HI>Tho. Wroths</HI> Ca&s;e. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Eliz. Dyer 197.</NOTE> Re|membrancer is m<GAP DESC="illegible" RESP="KEYERS" EXTENT="3 letters"> Baron of the Exche|quer, this cau&s;es <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">is Office to cea&s;e. So one &s;hal not be Judge of the Kings Bench and Common Pleas. <HI>Per&s;ey arraigned an a&s;&s;i&s;e,</HI> with other Plantiffes, and after hee was joyned in Commi&s;&s;ion of a&s;&s;i&s;e, and ruled that no proceeding can be upon this Commi&s;&s;ion.<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">5 Aff. 3.</NOTE> A Charter to hold,
<PB N="25" REF="23"> Plea, <HI>licet ip&s;emet &s;it pars, &amp;c.</HI> Is not good if there be not words to make another Judge when &s;uch a Ca&s;e happens.<NOTE PLACE="marg">8 H. 6. 20.</NOTE> A Con|&s;table may apprehend him that breaks the peace upon him&s;elf,<NOTE PLACE="marg">5 H. 7. 6.</NOTE> but that is becau&s;e it is an offence to the Crowne more then to him&s;elfe.</P>
<P>Sheriffe is Judge in redi&s;&s;ei&s;in yet hee him&s;elfe returnes the pannell, &s;o Judge and Mini&s;ter, but the rea&s;on is becau&s;e he is made Judge by &s;tatute,<NOTE PLACE="marg">Kell. 85.</NOTE> not as the She|riffe, but a per&s;on de&s;cribed by this name. By the Civill Law a Judge may puni&s;h an injury to him&s;elfe impri&s;onment or mulct,<NOTE PLACE="marg">Boden 309.</NOTE> <HI>Sed &s;i pars verberibus aut capite mulct anda e&s;t propter in<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">uriae atrocit a|tem ab&s;tinendum e&s;t.</HI> A Writ of Error in the Exchequer is directed to the Trea&s;u|ror and Barons,<NOTE PLACE="marg">In&s;titutes 4. 105.</NOTE> comanding them to have the Record before the Trea&s;uror and Chancellor, and good.</P>
<P N="38">38 <HI>Dignior dat nomen rei, &amp; regula|bit eam.</HI> A grant is of the Office of the Kings Tennis Court, &amp;c.<NOTE PLACE="marg">8 Report Ca&s;e <HI>Iohn Webb.</HI></NOTE> The play of the Hou&s;hold is included, and that onely gives the name. Where &s;peech is of I.S. it &s;hall be taken the father and not the &s;on. Where &s;peech is of a Will, it &s;hall be intended
<PB N="26" REF="24"> the la&s;t Will where more Wils are,<NOTE PLACE="marg">Dyer 314.</NOTE> &amp;c.</P>
<P N="40">40 <HI>Duty once di&s;charged is alwayes di&s;charged.</HI> The Ordinary once refu&s;es a Clerke for in&s;ufficiency,<NOTE PLACE="marg">10 E. 3. 26.</NOTE> he is not bound to take a &s;econd examination of him.</P>
<P N="41">41 <HI>De non exi&s;tentibus &amp; aliter ex|i&s;tentibus, quam lex vult eadem ratio.</HI> If a Record is removed into a Court,<NOTE PLACE="marg">44 A&s;&s;. 6.</NOTE> but not by due proce&s;&s;e and cour&s;e of law, its all one as not removed.</P>
<P N="42">42 <HI>Aequipollentia habent eundem in lege vigorem.</HI> A Writ comes to the She|riffe to arre&s;t A. which was in his cu&s;tody before,<NOTE PLACE="marg">5 Report Ca&s;e <HI>Fro&s;t.</HI></NOTE> and upon the e&s;cape of him an a|ction upon the Ca&s;e is brought, and de|clares that hee was arre&s;ted, &amp;c. <HI>&amp; bene.</HI> A Writ is to the Sheriffe, and hee returns that <HI>virtute precepti,</HI><NOTE PLACE="marg">16 H. 7. 16.</NOTE> he hath done &s;o and &s;o, and bene and equipoll, <HI>virtute brevis, &amp;c.</HI> In a Writ it is &s;aid, <HI>quam clamat e&s;&s;e, jus,</HI> this equipoll fee-&s;imple, and therefore if in the following part of the Writ he in|&s;tance in a le&s;&s;er e&s;tate,<NOTE PLACE="marg">39 H. 6. 58.</NOTE> as <HI>ex dono</HI> for life, or, &amp;c. The Writ &s;hall abate, <HI>Vide Plo.</HI> 542 555. <HI>Dyer</HI> 171. 203. 17 <HI>E.</HI> 31. But note this <HI>exception to this generall rule,</HI> that words of art &s;hall not be &s;upplyed by equi|pollent words, as voluntarie, <HI>&amp; ex mali|tia
<PB N="27" REF="24"> praecogitata interfecit,</HI> is not &s;ufficient in Indictment of murder, but the word <HI>murder avit,</HI> mu&s;t be.<NOTE PLACE="marg">9 Eliz. 2<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">1. 2 H. 6. 11.</NOTE> A Writ again&s;t M. late wife of <HI>Thomas Com.</HI> A is all one as if he had called her Counte&s;&s;e of <HI>A|rondell.</HI></P>
<P N="43">43 <HI>Eadem ratio, Idem jus. So Bracton de &s;imilibus &agrave; &s;imilia eadem ratione pro|cedendum.</HI> The &s;tat. which outs <HI>non clayme in fines,</HI> by rea&s;on of wars, takes away al&s;o <HI>non claime</HI> in a Writ of right,<NOTE PLACE="marg">Plo. 59, &amp; 16<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"></NOTE> for the &s;ame rea&s;on is &amp;c.</P>
<P N="44">44 <HI>Expre&s;&s;um &amp; particulare facit ce&s;|&s;are tacitum &amp; generale,</HI><NOTE PLACE="marg">28 H. 8. 15.</NOTE> In this notion its &s;aid a deed is a private law among&s;t par|ties to it. By the word demi&s;e a&s;&s;ignee of a le&s;&s;ee for yeers &s;hall have an action of co|venant if he is di&s;turbed, but if there is an expre&s;&s;e covenant in the deed, that the le&s;|&s;ee &s;hall enjoy the hou&s;e demi&s;ed, &amp;c. without eviction of the le&s;&s;or,<NOTE PLACE="marg">4 Report <HI>Nokes</HI> Ca&s;e.</NOTE> this &s;hall re&s;treine the covenant to the le&s;&s;ee him|&s;elfe. An Abbot brings tre&s;pa&s;&s;e again&s;t the Par&s;on of C. and declares of cutting trees, <HI>ad deteriorationem Eccle&s;iae praedi|ctae,</HI> though every Abbey is a Church, yet becau&s;e it is not named before,<NOTE PLACE="marg">18 E. 2. ff. 6 Report 828.</NOTE> this refers to the Par&s;on which was named, and &s;o
<PB N="28" REF="25"> makes the Writ in&s;en&s;ible &amp; abate. A man devi&s;es land to his elde&s;t &s;on, the remainder to his yonger &s;on,<NOTE PLACE="marg">Hill in Iac. c. <HI>9.</HI> Ca&s;u Porriman <HI>by</HI> Bridgman.</NOTE> the remainder <HI>proximo de &s;anguine</HI> of the devi&s;or, the elde&s;t &s;hall not take by the&s;e generall words, but any other not named before. <HI>A.</HI> hath two me&s;&s;uages, and demi&s;es that in D. and all his land in S. to I. S, the me&s;&s;uages in S. &s;hall not pa&s;&s;e.<NOTE PLACE="marg">Ibid.</NOTE> <HI>Exception.</HI> Note, where that the expre&s;&s;e is again&s;t the nature of the e&s;tate, as a gift in tayle, and an expre&s;s clau&s;e is, he &s;hall not do wa&s;te, or &s;uffer a recovery,<NOTE PLACE="marg">21 H. 6. 14. <HI>Perkins</HI> 660. 6 Report Ca&s;e Sir <HI>Anthony Mildmay.</HI> 2 E. 4. 5.</NOTE> or that he &s;hall hold of the Lord Paramount, the&s;e &s;hall not cro&s;&s;e the im|plicit <HI>dictum legis,</HI> in tho&s;e &s;everall par|ticulars, and it is al&s;o in things in&s;epara|ble. As Warranty by dedi is not de&s;troyed by expre&s;&s;e Warrantie. <HI>Sic regula fallit in ca&s;u,</HI><NOTE PLACE="marg">7 Report Ca&s;e <HI>N<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">kes.</HI></NOTE> the thing is inherent to the e&s;tate, as covenant expre&s;&s;e is the le&s;&s;ee and his executors &s;hall repaire the hou&s;e demi|&s;ed, &amp;c. This &s;hall not excu&s;e the a&s;&s;ignee who by implyed covenant in law adhe|rent to his e&s;tate,<NOTE PLACE="marg">5 Redort ca&s;e 23 <HI>Broughton.</HI></NOTE> is tyed to repaires, <HI>except al&s;o</HI> in ca&s;e of matter of record this, though implicit will controll the expre&s;&s;e act <HI>in facto,</HI><NOTE PLACE="marg">5 Report Cap. <HI>Vernon.</HI></NOTE> as a woman enters into her joynture, &amp; then brings a <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">rit of Dower.
<PB N="29" REF="25"> So where the expre&s;&s;e act is vaine it &s;hall have no &s;uch operation. <HI>See Dyer</HI> 376. <HI>Kell.</HI> 123. <HI>Doctor and Student</HI> 94. And &s;o it is al&s;o where the expre&s;&s;e act or word is additionall, and not contradictory of the fir&s;t,<NOTE PLACE="marg">18 Eliz. Dyer 348.</NOTE> as a devi&s;e is to pay ten pound rent to <HI>A.</HI> and if it is behinde &s;ix weeks, &amp;c. that <HI>A.</HI> may di&s;treine, this &s;hall not avoid the entry upon the condition if bro|ken, but it is variety of &s;ecurity for this rent. So where that which is but &s;ecret is dehors, there both may &s;tand without the one outing the other, as bloud may be averred to have beene the con&s;ideration to ray&s;e an u&s;e mentioned in an Inden|ture,<NOTE PLACE="marg">1 Report Ca&s;e <HI>Mildmay.</HI></NOTE> though money only expre&s;&s;ed within the deed.</P>
<P N="46">46 <HI>Exceptio firmat Regulam, conce&s;|&s;ionem, &amp;c.</HI> A man holds by homage, e&s;|cuage and rent, the Lord grants the rent <HI>cum pertinentiis,</HI><NOTE PLACE="marg">29 A&s;&s;. 20. 23 Incidents 24.</NOTE> the <HI>Seignio<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"></HI> doth not pa&s;&s;e by this grant, but if he h <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> &s;aid (ex|cepting reliefe and e&s;cheate <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> doubted. Common is granted for all c<GAP DESC="illegible" RESP="KEYERS" EXTENT="4 letters"> excepting hogs, this exception inlarges this to goats, &amp;c. <HI>A</HI> man grants all his trees excepting payr-trees, apple-trees, now pa&s;&s;e,<NOTE PLACE="marg">14 H. 8. 1. 2 .2. R. 2.</NOTE> which otherwi&s;e would not. The &s;tatute of 23
<PB N="30" REF="26"> <HI>H.</HI> 6. &s;peaks only of Sheriffs, yet becau&s;e in the end of the &s;tatute there is an excep|tion of Guardian of the Fleet. It is hol|den all other Guardians are included as well as Sheriffs.<NOTE PLACE="marg">22 Eliz. Ca&s;e <HI>Ya&s;tley.</HI> 11 Report 74.</NOTE> But note, <HI>fallit haec regula,</HI> where the exception is idle. And there|fore though the &s;tatute 5 <HI>E.</HI> 6. hath an ex|ception that ingro&s;&s;ing of &s;alt &s;hall not be within that &s;tatute, any ingro&s;&s;ing of vi|ctuals, yet, <HI>non &s;equitur,</HI> it is victuall within any &s;tatute, for it is <HI>condimentum</HI> onely.<NOTE PLACE="marg"><HI>Michael. 7.</HI> Car. in <HI>b.</HI> Roy. Information.</NOTE> And &s;uch clau&s;es are put in to &s;ati&s;|fie ignorant Burge&s;&s;es; rather then for nece&s;&s;ity, &s;o in the &s;tatute 43 <HI>Eliz. cap.</HI> 1. there is an exception in that &s;tatute, which provides again&s;t alienations to the King, in ca&s;e of Eccle&s;ia&s;ticall per&s;ons it follows not, therefore that other per&s;ons upon whom a di&s;ability was by law before to alien as infants mad men, &amp;c. May now give away their e&s;tates, becau&s;e Eccle&s;ia|&s;ticks are onely excepted.</P>
<P N="47">47 <HI>Aetymologia verborum non praebet firmum argumentum.</HI><NOTE PLACE="marg">Dyer 340. In&s;titutes 177. 7 Report 27.</NOTE> And therefore to argue from the word joynture of a wo|man, that therefore it mu&s;t be a joynt e|&s;tate with her husband is a fallacy, for its a good joynture though the e&s;tate be to
<PB N="31" REF="26"> her &s;elfe &s;ole, yet &s;uch arguments exhibits ornament in the di&s;cour&s;e, where it is a|greeing with the law.</P>
<P N="48">48 <HI>Exitus acta probat.</HI> The copying out of a Libell proves as evidence that he did publi&s;h it.<NOTE PLACE="marg">8 Report Ca&s;e Lamb. 7 E. 4. 4. 9 Report 11.</NOTE> The tenant is di&s;treined without the me&s;nes fault, yet if hee after does not what the law requires, as putting his own bea&s;ts into the pownd, for to free the tenants bea&s;ts, the di&s;tre&s;&s;e &s;hall now be &s;aid in his default. <HI>See</HI> 9 <HI>Report, Ca&s;e Meriell Tre&s;&s;am.</HI> And <HI>vide,</HI> the Ca&s;e of E&s;tray, and how it &s;hal be demeaned that it prove not tortious.<NOTE PLACE="marg">8 Report 146.</NOTE> So in tho&s;e ca&s;es of liberty given by law, as to come into a Tavern to drink, and he take away a piece of plate, this &s;hews the act of comming in tortious <HI>ab initio, &amp;c.</HI></P>
<P N="49">49 <HI>Expo&s;itio verborum. Averia</HI> is any live thing as fi&s;h, hens, capon, &amp;c. <HI>Aut,</HI><NOTE PLACE="marg">V. lib. entryes 138. 21 H. 6. 39.</NOTE> albeit it is a disjunctive adverbe, yet in the Kings ca&s;e it leaves his genuine &s;en&s;e, as where he grants land, &amp;c. <HI>Quae quidem terra concelata, aut reditus &s;ub&s;tracta, &amp;c.</HI> If the land is not concealed, though the rent is &s;ub&s;tracted,<NOTE PLACE="marg">11 Report 113 Ca&s;e <HI>Hugh Vaughan.</HI></NOTE> and &s;o the disjun|ctive, <HI>aut,</HI> is performed, yet the land pa&s;&s;es not. <HI>A, ab, abs. Ab octabis Trin.</HI> is the
<PB N="32" REF="27"> la&s;t day of the foure,<NOTE PLACE="marg">21 E. 4. 37.</NOTE> <HI>&agrave; fe&s;to Pa&s;chae,</HI> mu&s;t be ruled by the Canons, <HI>Abathia.</HI> In <HI>Aba|thia,</HI> this extends onely to the Precincts of the Clo&s;e of the Abbey, and not to all the po&s;&s;e&s;&s;ions of it.<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">9 A&s;&s;. 55.</NOTE> <HI>Charge. A</HI> man cove|nants to free a purcha&s;or of all charges up|on the land, this extends to a po&s;&s;ibility of a term, which yet is no title or right, <HI>ante hac u&s;itate,</HI><NOTE PLACE="marg">20 Eliz. <HI>Dyer</HI> 362. no. lib. entrey 384.</NOTE> <HI>&amp;c.</HI> Note in a &s;ubjects ca&s;e the&s;e words, Will reach higher then in the Kings Ca&s;e.</P>
<P><HI>Circiter.</HI> Is an incertaine time, and therefore in ca&s;e where certainty is requi|red,<NOTE PLACE="marg">Pa&s;. 28. Eliz. Ca&s;e <HI>Farrer.</HI></NOTE> it is ill in pleadings, &amp;c. and therefore <HI>Circiter</HI> 21 of <HI>Feb.</HI> may be as well be afore the day as after.<NOTE PLACE="marg">21 E. 4. 52. lib. entrys 152.</NOTE> <HI>Citra, infra. Circa fe|&s;tum, &s;ic ante fe&s;tum.</HI> The&s;e are all before the <HI>Vigils</HI> of the Fea&s;t, or in the Vigils at the lea&s;t.<NOTE PLACE="marg">Mich. 13. Eliz. b. 207. rot. 1330.</NOTE> <HI>A</HI> bond is made to &s;tand to the arbitrement of I. S. to be made <HI>ante no|vum diem</HI> of <HI>October, &amp;c.</HI> The arbitre|ment is well made any time before mid|night of the 8 day. <HI>Citra,</HI> 50 yeers la&s;t pa&s;t,<NOTE PLACE="marg">9 Eliz. upon <HI><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">endolf.</HI></NOTE> was rejected becau&s;e unu&s;uall, for the pleading is <HI>infra</HI> 50 yeers, &amp;c. Condition of a bond is to pay &s;o much mony by <HI>Mi|chaelmas</HI> next it &s;hall be before the day.<NOTE PLACE="marg">9 Eliz. per <HI>Gavvdy</HI> and Dyer.</NOTE> <HI>Competent.</HI> as a competent Benefice, the
<PB N="33" REF="27"> meaning of this word is to be found out by the annuity is to cea&s;e when &s;uch a Benefice is provided, and not in reference to the per&s;ons quality to be provided for, as if the annuity was forty &s;hillings <HI>per an|num</HI> to the Chaplain of the King, till pro|vided, &amp;c. Of a competent Benefice ten marks <HI>per annum e&s;t,</HI> adjudged compe|tent in this ca&s;e. <HI>Con&s;ueta.</HI><NOTE PLACE="marg">6 Report Ca&s;e <HI>Molins.</HI></NOTE> It is taken for a thing anciently, u&s;ed albeit now at the pre&s;ent it is di&s;continued &amp;c.</P>
<P><HI>Di&s;cretion</HI> comes of <HI>upir<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> judico,</HI> &s;o Ju|rors put them&s;elves in di&s;cretion of the Court, that is,<NOTE PLACE="marg">8 H. 4. 12. 5 Report Ca&s;e <HI>Rooks.</HI></NOTE> upon the judgement of the Court in point of Law, it is taken for that act of the Judge ari&s;es in ca&s;e of extre|mity of Law, and amounts to as much as if he had &s;aid that the Judge &s;hall doe according to the Law and right rea&s;on,<NOTE PLACE="marg">Vide Plo. 83.</NOTE> when it's &s;aid in Statutes, &amp;c. that hee &s;hall doe according to his di&s;cretion, See 27. <HI>H.</HI> 8, 25. <HI>Fitz James</HI> di&s;cretion menti|oned, &s;ee 10. <HI>H.</HI> 7. 29. where it's taken <HI>pro concilio.</HI></P>
<P><HI>Donque, then tunc</HI> a licen&s;e is made to goe over &s;ea, provi&s;o if he re&s;ort to fugi|tives, <HI>then</HI> to cea&s;e he breaks the Cove|nant, <HI>then</HI> here is expounded, for thence
<PB N="34" REF="28"> forth and not <HI>ab innitio,</HI><NOTE PLACE="marg">2 Eliz. Dyer 177. P. 5. <HI>Car.</HI> Ca&s;e <HI>Ma&s;on.</HI></NOTE> action upon the ca&s;e, con&s;ideration is <HI>quod tunc</HI> he deliver a hor&s;e, &amp;c. It's well done any time of the day after.</P>
<P><NOTE PLACE="marg">Plo. 192. F.n.b. 194.</NOTE><HI>Demi&s;e</HI> &s;ignifies not onely the originall Lea&s;e which is made to the Le&s;&s;ee, but the relinqui&s;hment, grant or a&s;&s;ignement of any thing, as in the Writ, in the <HI>per,</HI> it is &s;aid, <HI>cui</HI> A, this demi&s;e in ca&s;e of fee &s;im|ple granted.</P>
<P><HI>Et,</HI> This conjunction in our Law, hath &s;omtimes the &s;ence of <HI>vel,</HI><NOTE PLACE="marg">8 Report Ca&s;e <HI>Pexall.</HI> Regi&s;ter 125.</NOTE> <HI>&amp; &s;ic &egrave; conver&s;e</HI> horrible <HI>and</HI> enormous taken for <HI>or</HI> enor|mous. A bond is upon condition, if he pay part it &s;hall be void, and al&s;o upon condition, that if hee &s;uffer the Obligee to enjoy &s;uch a Mannour that the bond &s;hall be void, the performance of either of the&s;e cau&s;es will avoid the bond,<NOTE PLACE="marg">9 Eliz.</NOTE> which prove <HI>and</HI> or <HI>&amp;</HI> is taken in the &s;en&s;e of or, A rent is re&s;erved to the Le&s;&s;or, or his heirs, this rent is good to him&s;elfe, and or is not di&s;junctive here.<NOTE PLACE="marg">5 Report Ca&s;e <HI>Mallery.</HI></NOTE> A man devi&s;es Land to G. S. and if hee die before 21 yeers of age, or without i&s;&s;ue, to remain to a &s;tranger,<NOTE PLACE="marg">Eliz. 20. Iac. in b.R. cited. per Dod. I.</NOTE> he dies before 21. but hath i&s;&s;ue, adjudge this word <HI>or,</HI> &s;hall be taken for <HI>and,</HI> and both mu&s;t fail, otherwi&s;e he
<PB N="35" REF="28"> &s;hall have no benefit of the remainder in this ca&s;e, See <HI>Plo. Manxels</HI> ca&s;e, <HI>fol.</HI> 5. <HI>Bene</HI> 4 <HI>Report, Ogn<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ls</HI> ca&s;e, and 10 <HI>Report, Vaughans</HI> ca&s;e, cited in <HI>Legats</HI> ca&s;e, <HI>In&s;ti|tuti.</HI> 96. 8 <HI>Report Pexals</HI> Ca&s;e.</P>
<P><HI>Expiration,</HI><NOTE PLACE="marg">Plo. 198.</NOTE> is properly by efflux of time and differs a fine <HI>rei.</HI></P>
<P><HI>E&s;teant,</HI> or being.<NOTE PLACE="marg">27 H. 8. 17. 19.</NOTE> 1 the&s;e words will extend to future times, and are not tyed always to the pre&s;ent ten&s;e.<NOTE PLACE="marg">16 Eliz. Dyer 333.</NOTE> A man de|vi&s;eth his land &s;hal go to the next of bloud <HI>(being males)</HI> It &s;hall be con&s;trued in the future ten&s;e, that &s;hall be males, &amp;c.</P>
<P><HI>Exactionibus,</HI> is all things in action,<NOTE PLACE="marg">11 H. 4. 7.</NOTE> and as large as Demands in a manner.</P>
<P><HI>E&s;t &amp; fuit.</HI><NOTE PLACE="marg">8 H. 6. 27. 10 H. 7. 27.</NOTE> Sometimes taken in the &s;ame &s;en&s;e, as if mayntenance be layed in a plea, <HI>quod fuit,</HI> betwixt &s;uch and &s;uch, in law its taken for which is.</P>
<P><HI>Eviction.</HI> A man is bound, the obligee &s;hall enjoy &s;uch a hou&s;e, or, &amp;c.<NOTE PLACE="marg">5 Report <HI>tem|pore Eliz.</HI></NOTE> without eviction. Pur&s;uit in Chancery and a de|cree thereupon, &amp;c. is no &s;uch eviction to forfet his bond.</P>
<P><HI>Hou&s;e.</HI><NOTE PLACE="marg">16 Eliz. Dyer 333.</NOTE> A remaynder is limited to the hou&s;e. In law the family, and the chiefe and mo&s;t worthy or elde&s;t of it, is meant.</P>
<P><HI>Horrible</HI> and enormous. <HI>Ietus unus non
<PB N="36" REF="29"> dicitur</HI> enormous,<NOTE PLACE="marg">Regi&s;ter 125. F.n.b. 185.</NOTE> if mayme, &amp;c. is not by it. <HI>Vide Stat. W.</HI> 2. <HI>cap.</HI> 29. hath the word.</P>
<P><HI>Incontinenter &amp; in mediate, is as much as eodem tempore.</HI><NOTE PLACE="marg">F.n.b. 198. In&s;titutes 1. 369.</NOTE> And therefore <HI>lit.</HI> 702. &s;ays if di&s;&s;ei&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">n be and a feoff made <HI>Incon|tinenter garr.</HI> created upon that is <HI>garr.</HI> by di&s;&s;ei&s;in. See 6 <HI>Report</HI> 11, there its ex|pounded by rea&s;onable time. A bond is conditioned to pay plantiffe,<NOTE PLACE="marg">39 H 6. 10. In&s;titute 1. 208.</NOTE> and no time limited, the law &s;ays it &s;hall be inconti|nently payed, now this in legall con&s;tru|ction is inconvenient time, and &s;o it &s;eems &s;hall it be, though the party him&s;elf &s;ayes in expre&s;&s;e words, hee will pay the money incontinently or pre&s;ently. If no heire be at the time of di&s;cent of land, but one is born with in an houre after, this is not pre|&s;ently as to make a di&s;cent to take away an entry and yet hee &s;hall have it as heire. A man takes ba&s;e money in payment and di&s;covers this immediatly,<NOTE PLACE="marg">5 Report Ca&s;e <HI>Wade.</HI> 30 A&s;&s;. 11.</NOTE> yet he cannot refu&s;e this, having once accepted of it. It is &s;aid where a deed is ab&s;olute, and a defea|&s;ans is delivered immediate, it is good and all one as if it were within the deed it &s;elf. Cove~ is to deliver cloth &amp; that immediatly upon the delivery of &s;uch cloth to pay him 10 pound,<NOTE PLACE="marg">18 E. 4 20. 21 E. 4. 53. <HI>per Sylyard.</HI></NOTE> the cloth is delivered at noon, the
<PB N="37" REF="29"> other hath all the day remayning to pay the money. Immediatly &s;ometime is by good con&s;truction, ob&s;erving all incidents to &s;uch an act &amp;c. to be done. See <HI>Stat. Winche&s;t. &amp;</HI> 27. <HI>Eliz.</HI><NOTE PLACE="marg">7 Report <HI>Kens</HI> Ca&s;e.</NOTE> of immediate no|tice, and action <HI>Burnel</HI> the &s;ame &s;ence <HI>ut hic.</HI></P>
<P><HI>Infra quatuor Maria.</HI> is taken to be within the Realm of <HI>England,</HI> and doth not fetch in or intend <HI>Scotland,</HI> &amp;c.<NOTE PLACE="marg">In&s;titutes 1. 107.</NOTE></P>
<P><HI>Inhabitant. Re&s;iant, Commorant, Con|ver&s;ant,</HI> the genuine &s;en&s;e of the&s;e words are very nece&s;&s;ary to be known, by rea&s;on they are frequently u&s;ed in &s;everall &s;tatutes, as in that of election of Burge&s;&s;es to the Parliament, 1 <HI>H.</HI> 5. 23. <HI>H.</HI> 6. and in the &s;ta|tute of <HI>Rogues,</HI> &amp;c. The originall in the Greek is <GAP DESC="foreign">, which is, <HI>properan|tem Commorari, apud aliquem morari,</HI> and in <HI>Buckleys Ca&s;e, Plo.</HI> the word in the &s;ta|tute <HI>Re&s;ident</HI> is in the Record and pleading of it in Latin, tran&s;lated <HI>Commorans, vel Conver&s;ans,</HI> the fir&s;t comes of <HI>morando,</HI> which &s;ignifies dwelling for a time, or to &s;ojourne, and it is rather loytering then habitation. <HI>Conver&s;ans</HI> is to haunt much in a place, the originall imports to abide for a time <HI>ver&s;ari in acie,</HI> and yet note the
<PB N="38" REF="30"> word there <HI>Re&s;ident</HI> is in the record <HI>Com|morans</HI> and <HI>Conver&s;ans.</HI> The word Re&s;i|dent comes of <GAP DESC="foreign">, <HI>re&s;ideo,</HI> and imports as much as to light or to &s;it down as a bird after her flight, which may aptly be ap|plyed to Rogues, but what time will make re&s;ident is darke yet by the&s;e expo&s;itions, but it &s;eemes a &s;mall time will do it, in <HI>French</HI> its neerer our law &s;ence, <HI>a&s;&s;is lo|catur idem cum a&s;&s;iduitas,</HI> which inti|mates that &s;uch a one will continue in &s;uch a place for the time to come, then that he hath been long there before. The conditi|on of a lea&s;e is, that the le&s;&s;ee &s;hall inhabit and be re&s;ident upon the land during the terme, if the&s;e words during the terme had not been in,<NOTE PLACE="marg">Plo. Ca&s;e. <HI>Colthir&s;t.</HI></NOTE> it is adjudged that the a|biding a &s;mall time there will &s;erve to per|forme the condition of abiding and re&s;i|dent. A man hath his family upon a hou&s;e or no family, but occupies lands in Dale, the fir&s;t is &s;aid a Re&s;iant,<NOTE PLACE="marg">Ibid.</NOTE> the &s;econd an Inhabitant in our Law. Suit reall which was better <HI>royall,</HI><NOTE PLACE="marg">5 Report Ca&s;e <HI>Iefferey.</HI></NOTE> is &s;aid due of the body of a man, becau&s;e <HI>re&s;iant</HI> there within the Hundred, and note no certain time is limi|ted in &s;uch ca&s;e,<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">5 E. 3. 23.</NOTE> for if he have been there three dayes he &s;hall attend. A Charter is
<PB N="39" REF="30"> granted that Inhabitants &s;hall have fran|ches, it &s;hall not be extended to fugitiv<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">, as this book &s;aith, &amp;c. See <HI>Fitz-Herbert N.B.</HI> 160. A faith that a man &s;hall not be di&s;treined to come to a leet where he is not demurrant and conver&s;ant, if a hou&s;e is in two Leets,<NOTE PLACE="marg">In&s;titut. 2. 122.</NOTE> he &s;hall attend that where his bed is, for there hee &s;hall be deemed mo&s;t conver&s;ant. <HI>Vide Fitz. N.B. ibid.</HI> in the Writ for di&s;charging a man to come to a Leet it is, <HI>illi qui moram non fecerint,</HI> &s;hall not be put <HI>in juratis, &amp;c.</HI> by the&s;e rea&s;ons and authorities you &s;hall better conceive the right &s;ence of the&s;e kinde of words, about which &s;uch various opinions have been in Courts of Record and Se&s;&s;i|ons in the Country, &amp;c.</P>
<P><HI>In apud ad, de, &amp;c.</HI> all the&s;e have the &s;ame &s;ence in &s;everall ca&s;es. Tre&s;pa&s;&s;e upon the &s;tatute of 6 <HI>R.</HI> 2.<NOTE PLACE="marg">9 E. 4. 3<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"></NOTE> for intru&s;ion into the Mannor of D. <HI>apud D;</HI> it is as much as in <HI>D.</HI> and the <HI>venire facias</HI> &s;hall be of the Town of <HI>D.</HI> yet the Indictment was for an affray <HI>apud Eccle&s;iam de</HI> D. and it was doubted if good, but it &s;hould be <HI>in Eccle&s;ia,</HI> otherwi&s;e by the word <HI>apud</HI> it may be without the walls,<NOTE PLACE="marg">P. 36. Eliz. <HI>Capt. Knevit.</HI></NOTE> and the &s;ta|tute is penall and the word <HI>in</HI> the Church,
<PB N="40" REF="31"> &amp;c. A grant of a rent charg <HI>percipiendum in Manerio de Dale,</HI> and <HI>apud Manerium</HI> and both good.<NOTE PLACE="marg">10 E. 4. 8. 41 E. 3. 16.</NOTE> <HI>A&s;&s;ump&s;it</HI> was to deliver goods in &s;uch a Port, and in pleading hee &s;ays,<NOTE PLACE="marg">Hill. 33. Eliz. <HI>Kei&s;ers</HI> ca&s;e.</NOTE> <HI>adtale portum,</HI> its &s;ufficient, &s;o where its &s;aid &s;uch a thing &s;hall be done <HI>in fe&s;to,</HI> its as much as the fir&s;t day of this fea&s;t, and &s;hall not be deferred till the <HI>utas</HI> of it.<NOTE PLACE="marg">21 E. 4. 52.</NOTE> A Writ is directed <HI>Coronatoribus in Com.</HI> It is as good as <HI>de Com.</HI><NOTE PLACE="marg">F. n. b. 245. Vid. lib. entrys fol. 1.</NOTE> And &s;o abjura|tion pleaded <HI>coram Coronatoribus in Com.</HI> was holden good contrary to the opinion which <HI>ex &s;ubito</HI> hath beene taken by &s;ome.</P>
<P><NOTE PLACE="marg">Dyer 185.</NOTE>Intere&s;t, any profit as Common &amp;c. is intere&s;t.</P>
<P><HI>In manibus,</HI> a man devi&s;e all his tene|ments <HI>in manibus &s;uis,</HI><NOTE PLACE="marg">34 H. 67. 8.</NOTE> and hath a rever&s;i|on upon an e&s;tate for life, this &s;hall pa&s;&s;e for the word denotes onely a thing in my &s;ubjection and power.</P>
<P><NOTE PLACE="marg">Dyer 291.</NOTE><HI>Inde</HI> imports all things &s;poken of be|fore as thus, <HI>Si judicium jude redditum &s;it, &amp;c.</HI> this is to be taken upon the whole re|cord,<NOTE PLACE="marg">18 Eliz. Dyer 349.</NOTE> &amp;c.</P>
<P><HI>In rerum natura,</HI> hee which is dead in law, as Monk, &amp;c. &s;o he which is out of the Country where, &amp;c. is in law &s;aid, not <HI>in rerum natura.</HI></P>
<PB N="41" REF="31">
<P><HI>Ip&s;o facto.</HI> Such a thing &s;hall be,<NOTE PLACE="marg">Stat. E. 3.</NOTE> as hee which draws a dagger, &amp;c. &s;hall be excomenge <HI>ip&s;o facto,</HI><NOTE PLACE="marg">Dyer 275.</NOTE> it is doubted if it &s;hall be without &s;entence or proof, but the &s;tatute of <HI>Henry</HI> the eighth, which &s;ayes, hee that takes a &s;econd Bene|fice, &amp;c. &s;hall be <HI>ip&s;o facto,</HI><NOTE PLACE="marg">4 Report 79. 75.</NOTE> or <HI>ip&s;o jure privatus</HI> of the fir&s;t, this is without &s;entence.</P>
<P><HI>Juxta.</HI> The thing may be twenty foot remote from the place to which its &s;aid <HI>Juxta. Juxta Hull.</HI><NOTE PLACE="marg">19 A&s;&s;. 6. 14 A&s;&s;. 8. 45 E. 3. 3.</NOTE> This imports the place is another then <HI>Hull,</HI> and remote from it.</P>
<P><HI>Infra,</HI> is all one with <HI>Ante.</HI><NOTE PLACE="marg">21 E. 4. 63.</NOTE> As to pay money <HI>infra Fe&s;tum Nativitatis Domini,</HI> is before it.</P>
<P><HI>Maereneum.</HI> Is this timber which hath bin part of a hou&s;e, or els <HI>aptum ad domum,</HI> &s;eems framed for &s;uch a purpo&s;e yet &s;ee <HI>ib.</HI><NOTE PLACE="marg">Regi&s;ter 94.</NOTE> 96. It is u&s;ed for timber in other building. In the Dictionaries it is written <HI>merene<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">n, &amp; e&s;t idem quod tignus,</HI> timber to build with.<NOTE PLACE="marg">In&s;titute 3 97. In&s;titute 4. 307</NOTE> In old French <HI>Mareme</HI> Latin <HI>Ma|reneum lignum aedificatorium,,</HI> and its &s;aid a Norman word.</P>
<P><HI>Meniall</HI> &s;ervant.<NOTE PLACE="marg">22 H. 6. 19.</NOTE> Is hee which is em|ployed in the hou&s;e for to &s;erve the per&s;on
<PB N="42" REF="32"> of a man. So old book entries, <HI>fol,</HI> 434. of <HI>&s;ervus familiaris</HI> for meniall &s;ervant.</P>
<P><NOTE PLACE="marg">F. n. b. 197.</NOTE><HI>Nuper e&s;t expound le jour aute le mort de Aunte&s;tor quod nota,</HI> no long time is requi|red to this.</P>
<P><NOTE PLACE="marg">17 E. 3. 16.</NOTE><HI>Pacatione.</HI> An old word u&s;ed for a re|lea&s;e, as where its &s;aid ten pound was payed <HI>in Pacatione</HI> of a hundred pound, <HI>Vide</HI> old <HI>Magna Charta</HI> 153. the word for payed.</P>
<P><NOTE PLACE="marg">F. n. b. 93. no. entrys 2. &amp; 109. 9 Report 56. 21 H. 7 38.</NOTE><HI>Praetextu.</HI> Is u&s;ed in law for reall and good matter and of equall force with <HI>vir|tute cujus,</HI> or <HI>ratione cujus.</HI></P>
<P><HI>Prima &amp; proxima.</HI> Where it is &s;aid the jurour who hath lands neere&s;t to twenty pound, &amp;c. Is not intended nineteen pound, but the neere&s;t to twenty pound till it di&s;|cend to forty &s;hillings. I grant one twenty pound at the birth of my fir&s;t &s;on, and I have a &s;on at the time of this grant hee &s;hall not have the twenty pound till the birth of another &s;on.<NOTE PLACE="marg">12 Eliz. <HI>per Harperum.</HI></NOTE></P>
<P><HI>Pacifice.</HI> I am bound you &s;hall enjoy acre <HI>B.</HI><NOTE PLACE="marg">30 H. 8. Dyer 43.</NOTE> <HI>pacifico, &amp;c.</HI> albeit hee be di|&s;treined for i&s;&s;ues lo&s;t, this is no breach of this bond.</P>
<P><HI>Pro.</HI> The &s;en&s;e of this word is not to have one thing for another, but the thing
<PB N="43" REF="32"> it &s;elf &s;ometimes, as if I promi&s;e to content you, <HI>pro granagio,</HI><NOTE PLACE="marg">Dyer 352.</NOTE> this is taken that I &s;hall pay the very granage it &s;elfe, and not mo|ney for it, &amp;c.</P>
<P><HI>Forfeiture</HI> of all a man may,<NOTE PLACE="marg">In&s;titutes 391.</NOTE> this in law is land, goods, and body to be impri&s;oned, when &s;uch expre&s;&s;ion is in a &s;tatute, &amp;c.</P>
<P><HI>Puer.</HI> Comprize female as well as <HI>male, maxime</HI> in the Dative ca&s;e plurall,<NOTE PLACE="marg">Dyer 337.</NOTE> 30 <HI>A&s;&s;.</HI> 47. 9 <HI>Report</HI> 72.</P>
<P><HI>Nos. Vos.</HI> Is <HI>&s;tylus aulicus, &s;ed non an|tiquus,</HI> and intimares, <HI>quando Princeps lo|quitur ex curiae con&s;ilio,</HI><NOTE PLACE="marg">Parens in Ge|ne&s;in, <HI>272.</HI></NOTE> and it is not to be found in all the Scripture given to any Prince or &s;ingle man, and upon like rea&s;on it &s;eems, Bi&s;hops u&s;ed it, and the Chief Ju&s;tice of the Bench, <HI>coram vobis &amp; &s;ociis,</HI> but becau&s;e it was given to a Sheriffe in a Writ, thus <HI>praecipite I. S. &amp;c.</HI><NOTE PLACE="marg">29. E. 4. 44.</NOTE> the Writ was abated.</P>
<P><HI>Permittere.</HI> Imports meer pa&s;&s;ive,<NOTE PLACE="marg">Dyer 255. 35 H. 6. Fitz barr. 261.</NOTE> and he that is bound <HI>permittere</HI> onely need do nothing, and violence by him is to have advantage of a condition by which a breach is, will excu&s;e as if the bond is that hee &s;hall not permit A to inhabit in &s;uch a hou&s;e, and the Obligee him put in, &amp;c. he who is &s;o bound becomes a bankrupt, by
<PB N="44" REF="33"> with the hou&s;e is &s;old, and another is put in, &s;ee whether this breaks the covenant when hee hath done an act by which in law the breach follows,<NOTE PLACE="marg">12 H. 8. 6. 17 E. 4. 2.</NOTE> that the other can|not dwell there. <HI>Si lex pe<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> mittat,</HI> is if by any licence the thing can be done, or di|&s;pen&s;ation after then it &s;hall be done, &amp;c.</P>
<P><NOTE PLACE="marg">F. n. b. 41. 3 In&s;titut. 182.</NOTE><HI>Res</HI> is a good word for goods and chat|tels, and goes to corporate and incorpo|rate things.</P>
<P><NOTE PLACE="marg">15 E. 4. 15.</NOTE><HI>Sufficienter,</HI> a man is bound to &s;erve in <HI>Normandy, Sufficienter,</HI> is with armour, &amp;c.</P>
<P><HI>Sure</HI> e&s;tate, a man is bound to make a &s;ure e&s;tate by force of this word hee &s;hall free it of dower,<NOTE PLACE="marg">11 H. 7. 7.</NOTE> and yet the e&s;tate may be &s;ure without it.</P>
<P><HI>Similiter pro ut, &amp;c.</HI> Where Jury findes the homage did <HI>&s;imiliter</HI> or <HI>pro ut,</HI><NOTE PLACE="marg">21 A&s;&s;. 14. 21 E. 3. 56.</NOTE> the Defendant hath pleaded, &amp;c. that goes to time and place and other circum|&s;tances as well as to the matter it &s;elfe. <HI>Trin.</HI> 33. <HI>Eliz.</HI> Ca&s;e, <HI>Barnes.</HI></P>
<P><HI>Predict.</HI> This word hath various, effectu|all operations in our Law, by &s;ome books it is &s;aid of as great force and efficacie, as if the words them&s;elves to which it refers had been expre&s;&s;ed at large. A <HI>Ce&s;&s;avit</HI>
<PB N="45" REF="33"> is brought and declares of a tenour by homage, Rent, &amp;c.<NOTE PLACE="marg">35 H. 6. 31.</NOTE> <HI>Et quod de praedictis &s;erviciis Ce&s;&s;avit, &amp;c.</HI> This refers onely to that &s;ervice,<NOTE PLACE="marg">6 H. 7.</NOTE> of which in Law properly ce&s;&s;er may be. <HI>Praedict</HI> is not nece&s;&s;ary where the matter appears, though it would have made it more cleer. It will &s;upply an a|verment to reconcile differences in the Record as <HI>Codred</HI> is in the beginning of the Plea, and after it is <HI>Cotreid praedict,</HI><NOTE PLACE="marg">10 H. 7. 5. 8. Report 57.</NOTE> this helpes the varience. An Indenture is &s;aid, dated 23, <HI>December,</HI> and after it is &s;aid, <HI>per</HI> indentured <HI>praedict. datum.</HI> 23. <HI>November,</HI> the mi&s;take is helped by the word <HI>praedict.</HI> The quality of a thing &s;hall be well helpt by this, and inforced, as where it is mentioned that land was conveyed which he had by di&s;cent from his father, mention after,<NOTE PLACE="marg">Trin. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">3. <HI>Eliz.</HI> Ca&s;e <HI>Graye.</HI></NOTE> <HI>de terris praedi|ctis</HI> will include all this. I &s;urrenders copihold to the u&s;e of A. for life, the re|mainder to I. S. for life, the remainer to the heirs <HI>praedicti Johan.</HI> &amp; re&s;olved it &s;hall be the heirs of the later I. S. the purcha&s;or,<NOTE PLACE="marg">Pa&s;ch. 23. <HI>Eliz</HI></NOTE> and not of him&s;elfe, A&s;&s;i&s;&s;e is again&s;t M. the Abbot <HI>de</HI> H. and the pone was pre|dicted <HI>Abati&s;&s;am,</HI> with one more, and the opinion that it &s;hall abate, <HI>vid.</HI> 8. <HI>E.</HI> 3. 64.<NOTE PLACE="marg">26 A&s;&s;. 11.</NOTE></P>
<PB N="46" REF="34">
<P><HI>Paratus, paratus, re&s;pondere,</HI> within the Statute <HI>W.</HI> 2. &amp;c. he &s;hall be &s;aid <HI>paratus</HI> who comes at the time appointed by the Law,<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">2 H. 6. 2.</NOTE> and not pre&s;ently, as where a re|mainder depends upon a remainder for life, here he is in Law &s;aid <HI>paratus,</HI> if hee come after the others which are meane and have made default.</P>
<P><HI>Expo&s;itio quorundam verborum &amp; &s;en|tentiarum in devi&s;es</HI> of Land. I. S. hath Lands in D. and al&s;o Rents, Court-Leets, di&s;mes and common, and doth devi&s;e to his elde&s;t Son divers <HI>Lands</HI> by <HI>name,</HI> and then devi&s;es to his yonge&s;t Son all his other Lands purcha&s;ed free hold and copy-hold,<NOTE PLACE="marg"><HI>Trin. 9.</HI> Eliz. per Dyer. Wal&s;h &amp; Gaw|dy, <HI>1.</HI></NOTE> and it was ruled becau&s;e in the forepart of the will, all his Lands were devi&s;ed to the elde&s;t, the rents, tithes, leets, &amp;c. &s;hall by tho&s;e words pa&s;&s;e to the younge&s;t &s;on.<NOTE PLACE="marg"><HI>In</HI> 20 Iac. <HI>in</HI> b. <HI>Roy</HI> ca&s;e, <HI>Scat|ter good.</HI> 22 Iac. Ca&s;e <HI>Fox.</HI></NOTE> A man devi&s;es all his living to I. S. and and judge his rever&s;ion &s;hall pa&s;&s;e. <HI>Item,</HI> I will and intend to devi&s;e my Land to A, this is a pre&s;ent devi&s;e of the Land <HI>per opem curiae.</HI> A man devi&s;es the fee &s;imple of his Land to his wife, and after her decea&s;e to his &s;on <HI>Thomas,</HI><NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> Eliz.</NOTE> &amp;c. &s;hee takes for life the remainder to the &s;on for life, the re|mainder in fee to the wife, but it is not ex|ecuted
<PB N="47" REF="34"> to make a title, her husband to be Tenant by the courte&s;ie.</P>
<P><HI>Et Cetera, &amp;c.</HI> This will help in ma|ny ca&s;es in Law. In an action of tre&s;pa&s;&s;e, <HI>quare bona, &amp;c.</HI> and declare of a bale of wood, and ruled it is not good becau&s;e in the &s;ingular number,<NOTE PLACE="marg">Hill. 1<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. H. 1. <HI>Keble.</HI></NOTE> and the writ in the plurall, but if this expre&s;&s;ion, &amp;c. had been added, it would have made it good. A Recognizance <HI>in atteint</HI> is, that if hee doe &s;uch and &s;uch things, <HI>quod tunc, &amp;c.</HI><NOTE PLACE="marg">Dyer.</NOTE> <HI>per, &amp;c.</HI> by the&s;e particles, the condition of the Recognizance &s;hall be perfected, which otherwi&s;e is not. Indictment is certified up to be <HI>capta,</HI> before &s;uch Ju&s;tices <HI>ad pa|cem, nec non ud diver&s;as fellonias &amp; alia malafacta, &amp;c.</HI> &amp;c. &s;upplies the other particulars of the commi&s;&s;ion,<NOTE PLACE="marg">Trin. 11. <HI>Car.</HI> b. <HI>Ro<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">,</HI></NOTE> but in the the &s;ame ca&s;e it was ruled, that &s;uch an Indictment certified <HI>capta coram, Ju&s;ticia|ris ad pacem,</HI> &amp;c. was not good, and doubted if it were certified to be pre&s;ented <HI>per &s;acramentum proborum &amp; legalium hominum, &amp;c.</HI> and doth not put down the names of the Grand Jurie if it &s;hall be good. When a record is &s;ent up in a Writ of errour, out of an inferiour Court, &s;hews the <HI>venire facias</HI> was awarded, <HI>ad recog|no&s;cendum,
<PB N="48" REF="35"> &amp;c.</HI><NOTE PLACE="marg">Trin. 11. <HI>Car.</HI> Ca&s;e. <HI>Hambleton in</HI> b. <HI>Roy.</HI> At the A&s;&s;ize <HI>Ebor.</HI> 9. <HI>Car.</HI> by <HI>Davenport</HI> Chiefe Baron.</NOTE> and &s;ufficient without &s;hewing the particular i&s;&s;ue, an &amp;c. added to a pre&s;cription made it ill, and the plain|tiffe <HI>non &s;uted, &s;uper inde.</HI></P>
<P><HI>Commodities, profits, emoluments,</HI> the&s;e words in a deed added to the land or Man|nor &s;old extend to &s;uch things which yield naturall profit, which an advou&s;on doth not,<NOTE PLACE="marg">Trin. 18. Iac. <HI>in</HI> Comm. b. Ca&s;e <HI>Loudor. Vide</HI> Chapter of <HI>Southwell.</HI></NOTE> and therefore it was re&s;olved it ex|tends not to an Advow appendant, &amp;c. to pa&s;&s;e that without expre&s;&s;e words.</P>
<P><HI>Sovereigne,</HI> In Law it is no more but the &s;upreme of a hou&s;e, or a Town, &amp;c. So an Abbot is Sovereigne of the hou&s;e, and <HI>Claydon</HI> the Mar&s;hall of the hou&s;e|hold,<NOTE PLACE="marg">7 E. 3. 24.</NOTE> is termed there <HI>Sovereigne,</HI> in re&s;pect of the Gaoler and the command of &s;uch an one obeyed, &s;hall excu&s;e the &s;ubject or inferiour.<NOTE PLACE="marg">28 E. 3. 11.</NOTE> Sovereigne of the Town &s;hall pur&s;ue fellons, &amp;c. this is the chiefe officer be it Con&s;table, or &amp;c.</P>
<P><HI>Subditus</HI> is one who is &s;ubject to the ordinary juri&s;diction of another,<NOTE PLACE="marg">Regi&s;ter 44.</NOTE> as tho&s;e under the Dioce&s;an are &s;aid <HI>Subditi</HI> in the writ of con&s;ultation,<NOTE PLACE="marg">Britton 19. W. 2 cap. 40.</NOTE> and the word is u&s;ed al&s;o for any neighbour or inferiour, within the di&s;tre&s;&s;e of &s;uch a Court, but in a &s;trict &s;en&s;e it refers to the Prince, &s;o <HI>Boden, &s;ub|ditus
<PB N="49" REF="35"> plurium principum qui&s;que e&s;&s;e non pote&s;t.</HI> See <HI>Dyer</HI> 360. Its &s;aid that one of <HI>Ireland</HI> is &s;ubject of <HI>Irelaend,</HI> and not of <HI>England, quod nota:</HI> and &s;ee <HI>Calvins</HI> ca&s;e, 7 <HI>Report.</HI></P>
<P><HI>Miniments.</HI> A word u&s;ed in Convey|ances,<NOTE PLACE="marg">35 H. 6. 37.</NOTE> it includes all manner of Evidences what&s;oever, <HI>qua&s;i Muniments.</HI> Old <HI>lib. Entryes</HI> 335. There it is &s;aid forger of fal&s;e deed and Muniments.</P>
<P N="49">49 <HI>Fictio juris neminem ledere debet. But ayde much it may, and this is &s;een in all matters where the Law works by re|lation and divi&s;ion of an in&s;tant, which are fictions in law.</HI><NOTE PLACE="marg">11 H. 4. 12.</NOTE> A Con&s;table takes one which had &s;truck another, and then &s;ets him at liberty, the party &s;tricken dyes of this &s;troake, this is felony <HI>ab initio,</HI> but not to the prejudice of the Con&s;table who &s;uffered this e&s;cape. A feoffment is upon condition that he &s;hall re-infeoff him, he grants a rent-charge, and the Grantee brings a Writ of annuity, now it is an an|nuity by relation <HI>ab initio,</HI><NOTE PLACE="marg">3 Report Ca&s;e <HI>Butler</HI> and <HI>B.</HI> 30 E. 3. 17.</NOTE> betwixt the Grantor and Grantee, but not to defeat the condition broken, <HI>quoad</HI> the Feoffor. A fine is levied, <HI>&s;ur render</HI> the Conu&s;ee by fiction in law hath &s;ei&s;in in an in&s;tant to
<PB N="50" REF="36"> make this renderback good, but to no other purpo&s;e to the prejudice of the conu&s;or, for his wife &s;hall have no Dower,<NOTE PLACE="marg">2 Report Ca&s;e Lord <HI>Crum|well.</HI></NOTE> nor &s;hall this land be &s;ubject to any &s;tatute, &amp;c. in which this Conu&s;ee was bound.</P>
<P N="50">50 <HI>Fortior e&s;t obligatio partis qu&agrave;m le|gis.</HI> A man is bound by obligation to pay his rent, he ought to &s;eek the Le&s;&s;or to pay him.<NOTE PLACE="marg">22 H. 6. Dyer 33. 33 Eliz.</NOTE> A man is bound in a bond to repaire a hou&s;e, hee &s;hall do this again&s;t tempe&s;t, &amp;c. and &s;o al&s;o though it be ruinous at the time of the lea&s;e, which otherwi&s;e hee is not bound to doe. If the Le&s;&s;or Covenant the Le&s;&s;ee &s;hall enjoy the land demi&s;ed pacifice, this extends to tho&s;e, do interrupt him by wrong,<NOTE PLACE="marg">Dyer 328. 40 E. 3. 6.</NOTE> whereby the word demi&s;e he is not bound.</P>
<P N="51">51 <HI>Fortior e&s;t provi&s;io legis qu&agrave;m par|tis.</HI> The &s;tatute of <HI>Gloce&s;ter</HI> which pro|hibits a man do no wa&s;te, it is expounded that he &s;hall not permit wa&s;t,<NOTE PLACE="marg">11 Eliz. Dyer 281. Doct. &amp; Stud.</NOTE> but if I be bound that I &s;hall not do wa&s;te, my bond is not forfeited by wa&s;te permi&s;&s;ive.</P>
<P N="52">52 <HI>Fortior e&s;t di&s;po&s;itio legis qu&agrave;m ho|minis.</HI> A man hath <HI>intere&s;&s;e termini,</HI> hee cannot this &s;urrender, but if he take a new Lea&s;e <HI>in prae&s;enti,</HI> this is a &s;urrender of the old <HI>intere&s;&s;e termini.</HI> And upon this rea|&s;on
<PB N="51" REF="36"> it is that conditions in law are &s;o &s;trong, as expre&s;&s;e conditions.<NOTE PLACE="marg">10 Report 67. Litt. 378.</NOTE></P>
<P N="53">53 <HI>Fortior &amp; melior e&s;t provi&s;io Legis qu&agrave;m hominis. Parceners,</HI> by the law are to have equall portions of lands tayle and fee, now if one of them agree to take all her part of the tayled lands, &s;he may &s;uffer by this partition. A man is &s;eized of three manners, of equall value, and takes a wife, and &s;hee takes one entire mannour for her dower, which is charged with the rent &s;hee &s;hall hold it charged,<NOTE PLACE="marg">1 In&s;titu. 17<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</NOTE> otherwi&s;e is it if &s;he had recovered her dower, and had had a third part of each a&s;&s;igned to her.</P>
<P N="54">54 <HI>Fundamento di&s;tructo cadit opus, &agrave; quare non admi&s;it,</HI> is awarded, and afterward the originall record is removed by a writ of Errour, now the other fails though it be di&s;advantage to the King, who cannot now proceed for the contempt but by Green, if hee is attainted once for the contempt, the rever&s;all of the fir&s;t judgement afterward &s;hall not aid him to avoid the contempt <HI>ut &s;upra,</HI><NOTE PLACE="marg">M. 26 E. 3. placito 25. fol. 75. 43 E. 3. 18.</NOTE> an exigent goes out for felonie, and after a pardon of ancient date to the exigent comes, and all things by the Law required are done, the
<PB N="52" REF="37"> chattels are &s;aved, an excommengement is for contempt of a letter mi&s;&s;ive from the high commi&s;&s;ion, the contempt is pardo|ned,<NOTE PLACE="marg">P. 23. Eliz. 6 Report 13.</NOTE> the excommengement is al&s;o <HI>excon|&s;equenti:</HI> Execution is &s;ued upon a Statute, and then the Conu&s;ee makes a defea&s;ance of the Statute, upon payment of twenty pounds, if it is paid, the execution &s;hall be defeated,<NOTE PLACE="marg">20 A&s;&s;. 7.</NOTE> as well as the Statute. <HI>vide.</HI> 43. <HI>E.</HI> 3. 18.</P>
<P N="55">55 <HI>Generale nihil certum ponit,</HI> and is rejected in Law. A man is bound to devi&s;e all his lands in the tennor of I. S. in the Towne of D.<NOTE PLACE="marg">2 Report 33. Ca&s;e <HI>Doding|ton.</HI></NOTE> the obliger may &s;ay, hee hath no lands there, &s;o a man is bound to be <HI>non &s;uited</HI> in all actions that he hath in the Common-pleas, hee may &s;ay he hath none there: otherwi&s;e if the condition be particular, as to be non&s;uted in a <HI>formdon,</HI><NOTE PLACE="marg">22 A&s;&s; 73.</NOTE> &amp;c. Inditement is thus, that A. is a malefactor or a common thiefe, it's not good.</P>
<P N="56">56 <HI>Generall words where they will helpe particular infirmities.</HI> As <HI>Scire facias</HI> is a gain&s;t two &s;everall tenants, the Sheriffe returnes <HI>Scire feci,</HI> the two <HI>modo &amp; forma pro ut breve exigit,</HI> now this which was joynt in the beginning of
<PB N="53" REF="37"> the return is now &s;everall and good by the generell words <HI>modo &amp; forma, &amp;c.</HI> So where a Sheriff returns that <HI>virtute brevis</HI> he hath done &s;uch a thing,<NOTE PLACE="marg">2 H. 4. 13.</NOTE> and in the &s;e|quel of his return are many imperfections, they &s;hall be helped all by the&s;e generall words, <HI>virtute brevis:</HI><NOTE PLACE="marg">34 H. 6.</NOTE> &s;ee to this purpo&s;e of the&s;e words <HI>contra formam Statuti,</HI> &amp; what imperfections will be aided by the&s;e words; &s;o by the words <HI>&s;ecundum formam Statuti,</HI><NOTE PLACE="marg">Stamford 8 1.</NOTE> where it's &s;aid they &s;hall have the force as if the very words of the Sta|tute &amp;c. had been punctually expre&s;&s;ed. An information is upon the Statute of buy|ing titles,<NOTE PLACE="marg">5 Report 7. Dyer 13. Eliz. 11 H. 4. 4 Ca&s;e <HI>Barns</HI> and <HI>Hill</HI> Michel. 7. Car. in b. le Roy.</NOTE> and there is a mi&s;take in the record of the day of holding the Parlia|ment, or in the ending of it, but becau&s;e the words <HI>contra formam Statuti</HI> were in the conclu&s;ion, that was aided in the mi&s;|repetition of the date, or day of holding the Parliament, which was vain.</P>
<P N="57">57 <HI>Generall words in grants where they &s;hall be re&s;trained by particular words in the &s;ame clau&s;e, &amp; contray.</HI><NOTE PLACE="marg">8 Report. 11 Ca&s;e <HI>Carter.</HI></NOTE> A man hath a mannor in O, and other lands not par|cell of the manner, and &s;uffer a Recoverie of all, and declare by Indenture that the u&s;e of all his lands in O, &s;hall be to the u&s;e
<PB N="54" REF="38"> of A, this &s;hal not be of the Mannor which was particularly mentioned before. A. ac|knowledges a fine of the Mannor of D. with an advou&s;on,<NOTE PLACE="marg">Temp. E. 1. F. title grants <HI>per Barkley.</HI> Iudg. 13 <HI>Car.</HI> 19 H. 6. <HI>per A&s;cue.</HI></NOTE> and regrants the Man|nor <HI>cum pertinentiis,</HI> the advou&s;on &s;hall not pa&s;&s;e in this ca&s;e. A Relea&s;e to <HI>Jo. S,</HI> executor <HI>I.D.</HI> all actions now by this re&s;tri+ctive word executor no impedime~t &s;hal be, but that this relea&s;e &s;hall have an operati|on upon all the capacities of I.S. The Obli|gee grants to the obligor, that he &s;hall bee di&s;charged of the bond, and if he is &s;ued upon it, that hee &s;hall plead this as a Re|lea&s;e:<NOTE PLACE="marg">21 H. 7. 32.</NOTE> It is a relea&s;e pre&s;ently without ex|pecting Suit, &amp;c.</P>
<P N="58">58 <HI>Generale di&s;cendens in particulare &s;ive Speciale, &s;hall be ruled by that &s;peciall.</HI> A man grants a rent in the Mannor of D.<NOTE PLACE="marg">8 Report Ca&s;e <HI>Altham.</HI></NOTE> <HI>percipiendum</HI> in 100 Acres, parcell of the &s;ame Mannor, or <HI>di&s;tringendum</HI> in 100 Acres, this rent is charged upon this 100 Acres onely,<NOTE PLACE="marg">Dyer 261. 9 Eli.</NOTE> &s;o a man relea&s;eth all de|mands, <HI>nec non</HI> title of dower in the Lands of W. this curbs the generall word de|mands, and ties it to the Lands of W. one|ly. I. H, grants his Mannor S. in A. and B.<NOTE PLACE="marg">9 Eliz. Dyer 261.</NOTE> where this extends al&s;o into C. nothing of the Mannor in C. &s;hall pa&s;&s;e.
<PB N="55" REF="38"> A man devi&s;es all his Land in D. and the Hamblet of I, this excludes that Lands in other Hamblets then I, &s;hall pa&s;&s;e though within the &s;ame Town, but note if the &s;peciall is fir&s;t put down in the deed and generall word after that the Law is con|trary, as when one is made Deputy Stew|ard to take a &s;urrender ab&s;olute,<NOTE PLACE="marg">Trin. 26. Eliz. <HI>inter Adams</HI> &amp; <HI>Fo&s;t<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">r.</HI></NOTE> <HI>&amp; ulterius facere omnia qua ad officium ejus in hac parte pertinent facienda,</HI> this enlarges his power, &s;o that this Steward now may take a &s;urrender conditionall, &amp;c. <HI>Vide</HI> 7 <HI>E.</HI> 3. 10. <HI>bene</HI> upon this rule.</P>
<P N="59">59 <HI>Hee that needs mo&s;t let him blow the cole.</HI> Upon this rea&s;on hee which is to have benefit &s;hall do the fir&s;t act. <HI>Vi|de antea,</HI> title <HI>Act,</HI> &s;o where reque&s;t is to be made, hee who is to have a vaile &s;hall make it, &amp;c. Detinue is brought of a deed of Relea&s;e, the defendant garni&s;h <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word">, to whom this was made, &amp;c. and upon &s;hewing the deed, the &s;eale was debru&s;ed, and the Plaintiffe would have had dama|ges, and ruled no,<NOTE PLACE="marg">29 E. 3. 31.</NOTE> for he hath no rea&s;on to complain of the debru&s;er, &amp;c. but hee to whom it was made, and let him blow the coal if he will.</P>
<P N="60">60 <HI>Integra lex &s;eparat &amp; individua.</HI>
<PB N="56" REF="39"> A Charter may be allowed for part, be|cau&s;e it hath beene allowed in Eyre, and di&s;allowed <HI>pro re&s;iduo.</HI><NOTE PLACE="marg">21 H. 7. 29.</NOTE> In debt upon a bond again&s;t two, the one acknowledgeth the deed, the other pleads in abatement, and it was awarded the Plantiffe &s;hall recover a moyty.<NOTE PLACE="marg">4 E. 2. F. Tittle judgment 229.</NOTE> So a judgment may be rever&s;ed for part as a fine, for that it was ancient Deme&s;ne was rever&s;ed for that part and &s;tood good for the re&s;t. And note there is a &s;peciall Writ of Errour to re|move part of the Record,<NOTE PLACE="marg">21 E. 3. 20. Dyer 291.</NOTE> &amp;c.</P>
<P N="61">61 <HI>Idem taken pro Simile.</HI> So a limitati|on <HI>ad eundem u&s;um</HI> was taken <HI>pro tali u&s;u.</HI> Obligation is to pay 20 &s;hillings at <HI>Mi|chael.</HI><NOTE PLACE="marg">Dyer 13. &amp; 233. Plo. Ca&s;e. <HI>Browning.</HI> &amp; B.</NOTE> and the yeer following 20 &s;hillings at the &s;ame Fea&s;t. It is taken for the like fea&s;t. <HI>Vide</HI> 5 <HI>H.</HI> 7. 39. 40.</P>
<P>Inconvenience, &s;ee afterward here fol. 63</P>
<P N="62">62 <HI>Indefinitum &s;upplet locum univer|&s;alis.</HI> A man is bound, his Feoffees &s;hall grant a Rent, or make a feoffment, all ought to joyne in this grant.<NOTE PLACE="marg">21 H. 6. 10. Plo. 30.</NOTE> A man gives <HI>bona &s;ua</HI> in D. Its all one as if he had &s;aid, <HI>omnia bona dies, datus e&s;t partibus praedi|ctis,</HI> its all one as if he had &s;aid <HI>omnibus partibus,</HI> a Writ is directed <HI>Coronatoribus Lincoln.</HI><NOTE PLACE="marg">E. 4. 1.</NOTE> Its all one as if he had &s;aid <HI>omni|bus,</HI>
<PB N="57" REF="39"> and is not intended 2 or 3. The &s;ta|tute of <HI>Winche&s;ter</HI> is that the hundred &s;hall an&s;wer for the body of the offendors,<NOTE PLACE="marg">11 H. 7. 11. Plo. 75.</NOTE> this is taken for all the offendors, and the ta|king of two or more will not &s;erve the turn. See for the pleading of this Ca&s;e onely foure or five of the Inhabitants are to be named in Certeine, &amp;c.<NOTE PLACE="marg">7 Report 7. Ca&s;e <HI>Milborn.</HI></NOTE> A tenant pleads that hee is no tenant of the Free|hold, and i&s;&s;ue is joyned upon this, and its found tenant but for part, and of the re&s;i|due not, this is again&s;t the pleador. See 2 <HI>R.</HI> 3. 17. 18. 6 <HI>H.</HI> 7. 15. 1 <HI>E.</HI> 5. 5. 27 <HI>E.</HI> 3.<NOTE PLACE="marg">Mich. 10. Car. inter <HI>Lee</HI> &amp; <HI>Smathers. Exceptions.</HI></NOTE> 21. This generall rule hath &s;everall excep|tions and re&s;trictions. As in ca&s;e the non ob&s;ervance of it makes for advance of Ju|&s;tice, as a <HI>tales, quales, &amp;c.</HI><NOTE PLACE="marg">10 Report <HI>Denbawd</HI> ca&s;e.</NOTE> &s;hall i&s;&s;ue in favour of tryals, though onely one of the principall pannell did appeare. See 12 <HI>H.</HI> 4 <HI>tit:</HI> Certificate of A&s;&s;iize 4. And <HI>Hobs</HI> Ca&s;e, <HI>In&s;titute</HI> 1. Upon the &s;ame rea&s;on, <HI>Vt res magis valeat. R.</HI> 2. granted to the Ab|bot of <HI>W.</HI> that he and his &s;ucce&s;&s;ors &s;hall be Collectors of Di&s;mes granted <HI>per Cle|rum Angliae,</HI> this &s;hall be taken for that part of the Clergie u&s;e,<NOTE PLACE="marg">8 Report 56. 4 Report Ca&s;e of <HI>Corporns.</HI></NOTE> to grant &s;uch di&s;mes which is the Clergy of the &s;everall
<PB N="58" REF="40"> Provinces. Pre&s;cription is that the Major &s;hall be cho&s;en by the Comminalty, by u&s;age this &s;hall be re&s;treined to the prin|cipall of the Comminalty, &amp;c. A Com|mon is claymed to a Mannor, it is by in|tendment all times of the yeere, but yet its not &s;o &s;trong as if expre&s;&s;ed all times of yeer.<NOTE PLACE="marg">Trin. 8. Car. Ca&s;e <HI>Bullock.</HI></NOTE> See 30 <HI>H.</HI> 6. 2. 8 <HI>Report</HI> 91. 21 <HI>E.</HI> 4. 44 <HI>Dyer</HI> 186. 21 <HI>E.</HI> 4. 44. 5. 6.</P>
<P N="59">59 <HI>Ignorantia non excu&s;at,</HI> nor folly, but a man &s;hall have prejudice by this much.<NOTE PLACE="marg">Lit. 261. Briton 62.</NOTE> The Clerk mi&s;takes, <HI>debet pro deti|net</HI> in a Writ, Ignorance is no excu&s;e. If a man can <HI>read</HI> and <HI>will</HI> accept the declara|tion of the <HI>contents</HI> of a deed by one who declares it in a different manner, from that the truth in the deed is, <HI>This &s;hall not ayde him,</HI><NOTE PLACE="marg">22 E. 4. 21. 2 Report Ca&s;e <HI>Thorowgood.</HI></NOTE> but he is bound by it.</P>
<P N="60">60 <HI>Inter aequales melior e&s;t conditio po&s;&s;identis.</HI> Upon this rea&s;on 'tis that hee that hath an e&s;tate by wrong, &s;hall hold again&s;t all others who have no title. If ten Mannors are conveyed to &s;everall per&s;ons by one and the &s;ame Deed which of the&s;e happen to get the Deed may deteine it, where two &s;everall per&s;ons have each of them power di&s;tinct to make a lea&s;e of<NOTE PLACE="marg">4 H. 7. 10.</NOTE>
<PB N="59" REF="40"> &s;uch Lands which of them lea&s;ed it fir&s;t &s;hall &s;tand. A Lord allows &s;ix Chaplains by his Letters Te&s;timoniall all are pre&s;en|ted to &s;ix &s;everall Benefices, Pluralities the three fir&s;t promoted &s;hall &s;tand. Two At|tourneys reteyned conjunctem &amp; divi&s;em,<NOTE PLACE="marg">4 Report Ca&s;e <HI>Drury.</HI> 12 H. 7 9.</NOTE> the plea of him fir&s;t pleads &s;hall &s;tand. A Ser eant at Law brings an Action a|gain&s;t an officer of the Kings Bench, the Common Place &s;hall have the priviledge. See 48 <HI>E</HI> 3. 20. 21. 13 <HI>E.</HI> 3. <HI>F. A&s;&s;ize</HI> 91. Where it is &s;aid that po&s;&s;e&s;&s;ion by halfe a day is not &s;ufficient to gaine a freehold a|gain&s;t him is a tort fe&s;or, &amp;c. and &s;o titles equall.</P>
<P N="61">61 <HI>Iteration of a &s;mall offence will make it amount to a great one.</HI> As if a Gaoler permit &s;everall negligent e&s;capes, this will grow to be in judgment of law as much and as high a crime as a volunta|ry e&s;cape.<NOTE PLACE="marg">39 H. 6 33.</NOTE></P>
<P N="62">62 <HI>Injuria propria non cadet in benefi|cium facientis.</HI> A water runs upon the land of I.S. he &s;tops it, by which my land is &s;urrounded, I may enter his Clo&s;e and debru&s;e that which &s;tops the water cour&s;e.<NOTE PLACE="marg">8 E. 4 5.</NOTE> Le&s;&s;ee for yeers puls downe his hou&s;e, hee &s;hall not have the tymber was in it to re|edifie
<PB N="60" REF="41"> it, as he &s;hall when its blown down: the &s;ame law is if hee cut downe trees hee hath lo&s;t his &s;peciall intere&s;t in them for &s;hade,<NOTE PLACE="marg">4 Report Ca&s;e <HI>Herlaken.</HI></NOTE> &amp;c. A man devi&s;es land to A. till a hundred pound levied and dyes, the heir enters &amp; continues by four yeers in which by computation the money might have been levied,<NOTE PLACE="marg">4 Report Ca&s;e <HI>Edw. Corbet.</HI></NOTE> the Devi&s;ee &s;hall have foure yeers more again&s;t him is heire. In a <HI>prae|cipe quod reddat,</HI> the tenant is e&s;&s;oigned at the <HI>Grand Cape,</HI><NOTE PLACE="marg">4 E. 428.</NOTE> where he ought not to be this &s;hall not turne to a di&s;continuance. One takes my goods by wrong and them offers to an Image, my property is gone, but if afterward the&s;e goods come again to the po&s;&s;e&s;&s;ion of the tre&s;pa&s;&s;or,<NOTE PLACE="marg">34 H. 6. 11.</NOTE> I may cea&s;e them out of his hands.</P>
<P N="63">63 <HI>In prae&s;entia majoris ce&s;&s;at pote|&s;tas minoris.</HI><NOTE PLACE="marg">In&s;titutes 4. 13.</NOTE> A Lord of the Parliament makes a proxy, and after comes him&s;elfe into the hou&s;e of Lords, though hee &s;ays nothing, <HI>the power of the Proxy cea&s;eth.</HI></P>
<P N="64">64 <HI>Laches may prejudice but &s;hall not ayde any man.</HI> Tenant in tayle &s;els a hun|dred Oakes for twenty pound, the vendee delayes the taking of them till the vendor die,<NOTE PLACE="marg">18 E. 4. 6.</NOTE> he hath lo&s;t them for ever. A man brings a <HI>Formdon</HI> again&s;t two, the one
<PB N="61" REF="41"> pleads, <HI>ne dona pas,</HI> which is found a|gain&s;t him, the other pleads Ba&s;terdy, if the demandant in this ca&s;e do not pray his judgment again&s;t the fir&s;t,<NOTE PLACE="marg">15 E. 4. 27.</NOTE> till the other i&s;&s;ue tryed again&s;t him which findes him ba&s;terd, he &s;hall by this neglect lo&s;e the o|ther moyty which he might have had. Cu|&s;tome of a Towne is after Corn and Hay, &s;evered and carried away in &s;uch a field to put in Hogs, &amp;c. if one will permit his corn to continue there where he had &s;uffi|cient time equall to his neighbours, it is at his owne perill,<NOTE PLACE="marg">21 E. 4. 41. F. b<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">rr. 205.</NOTE> and the other may put in <HI>their bea&s;ts,</HI> &amp;c. as if the Corn had been ta|ken away. A man hath five load of hay to be taken yeerly in &s;uch a Medow, if the grantee do not take their loads of hay one yeere, it is lo&s;t <HI>for ever,</HI> and he cannot take it the next yeer, for then perhaps he &s;hould take all the hay in that place which was not rea&s;onable,<NOTE PLACE="marg">27 H. 6. 10.</NOTE> and might put the owner without hay for that yeer.</P>
<P N="65">65 <HI>The Law avoyds Circuit of action.</HI> Upon this rea&s;on tis that where a Le&s;&s;or Covenants to repair and doth not, the le&s;|&s;ee &s;hall not be put to a &s;uit upon the Co|venant,<NOTE PLACE="marg">12 H. 8. 1.</NOTE> but &s;hall deteine &s;o much money out of his Rent, &amp;c. annuity is granted to
<PB N="62" REF="42"> A. for which <HI>he covenants</HI> and grants to be with the Grantor in every place in the County,<NOTE PLACE="marg">8 H <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. 23.</NOTE> &amp;c. if he fail to be with him &amp;c. he may plead it in barre of the Annuity, and &s;hall not <HI>be enforced to an action</HI> of Covenant.</P>
<P N="66">66 <HI>The Law yields to nece&s;&s;ity.</HI> Upon this rea&s;on it is that in a Writ averment that they are the &s;ame lands &s;hall not be admitted,<NOTE PLACE="marg">6 E. 3. 41. 5 Report Ca&s;e of Amend|ments. 7 Report Ca|&s;es of di&s;cont. &s;cilicet. 38 E. 3. 25.</NOTE> becau&s;e hee may have another Writ, but in a fine upon relea&s;e, it &s;hall ra|ther then the land &s;hall be lo&s;t, and the ad|vantage of the <HI>fine anuld.</HI> If there be not &s;ufficient to &s;erve of a Jury, the tenant to one of the parties &s;hall be &s;worne rather then fail of the tryall. The husband di&s;con|tinue an acre parcell, &amp;c. With the Ad|vow&s;on, the Alicnee pre&s;ents and dyes, the heir grants the Advow&s;on now in &s;o much that the wife cannot recover this Advow|&s;on,<NOTE PLACE="marg">17 E. 3. 4 5.</NOTE> by recovery of the acre, becau&s;e of the &s;everance of this from the acre by the grant he &s;hall pre&s;ent without recovery of the advow&s;on, as if it had bin &s;evered at the fir&s;t.<NOTE PLACE="marg">13 H. 8. 16. 6 E. 4. 7.</NOTE> One cuts an Oke which fals upon the land <HI>of another,</HI> now if he could not pre|vent this, he &s;hall be excu&s;ed to enter into this land and take it away. The &s;ame law
<PB N="63" REF="42"> is if bea&s;ts be driven by the high-way, and they run <HI>into</HI> the Corn, he may enter into the Corn to drive them out.<NOTE PLACE="marg">10 E. 4. 7.</NOTE> In a <HI>per quae &s;ervitia</HI> again&s;t a Priore&s;&s;e,<NOTE PLACE="marg">22 E. 4. 8.</NOTE> for that &s;he is incloy&s;tered &s;hee &s;hall atterne by her at|tourney.<NOTE PLACE="marg">43 E. 3. 8.</NOTE> A man gives me leave to come to his hou&s;e, <HI>and after di&s;charges</HI> me again,<NOTE PLACE="marg">20 E. 4. 4.</NOTE> if I continue there <HI>afterward I am a tre&s;|pa&s;&s;or,</HI> but if the countermand was in time of a tempe&s;t, the law alters, and they may &s;tay there untill it be over, <HI>&s;ed nota differentiem inter nece&s;&s;e &amp; nece&s;&s;a|rium,</HI> though in <HI>Latine</HI> as <HI>Davis</HI> thinks, <HI>fol.</HI> 12. they are u&s;ed promi&s;cuou&s;ly, vouch|ing the &s;entence of a <HI>Roman</HI> Senator,<NOTE PLACE="marg">6 Report Ca&s;e <HI>Trollop.</HI></NOTE> <HI>Ni|hil magis ju&s;tum qu&agrave;m nece&s;&s;arium, &amp; per Coke, Nece&s;&s;itas e&s;t lex temporis.</HI></P>
<P N="67">67 <HI>The Law will &s;uffer a mi&s;chief rather then an inconvenience.</HI> This word Incon|tinence &s;o much u&s;ed in our Law hath the force of again&s;t rea&s;on <HI>&s;cilicet,</HI><NOTE PLACE="marg">Lit. 231. 138. In&s;titutes 152.</NOTE> artificial rea+&s;on perfected by u&s;e and experience termed <HI>&s;umma ratio.</HI> And it is in truth when &s;ome maxime of the Law is &s;haken. A man pri|viledged in &s;ome Court is &s;ued in <HI>London,</HI> and the matter is actionable no where but there in <HI>London,</HI> yet by his priviledge the cau&s;e &s;hall &s;urcea&s;e there.<NOTE PLACE="marg">38 H. 6. 30.</NOTE> This the rea&s;on
<PB N="64" REF="43"> that a Fem covert or Infant &s;hall not avoid <HI>their fines</HI> at full age, or after the husbands death.<NOTE PLACE="marg">17 E. 3. 79.</NOTE> See title Voucher in <HI>Fitz.</HI> 81. 13 H. 4. 3. Matter upon like rea&s;on.</P>
<P N="68">68 <HI>Lex non cogit ad impo&s;&s;ibilia.</HI> This the rea&s;on a Corporation, as Major and Comminalty may do pety ordinary things without writing,<NOTE PLACE="marg">7 H. 7. 18.</NOTE> for the <HI>infinity of</HI> them, &s;o a Sheriffe he &s;hall plead general|ly <HI>ea ratione, &amp;c.</HI> becau&s;e of the impo&s;&s;i|bility to do otherwi&s;e in all the &s;everall bu|&s;ine&s;&s;e of his office. The &s;tatute appoints that in <HI>redi&s;&s;e&s;in,</HI> the Sheriffe &s;hall go to the place and there &s;hall take the inque&s;t if now the <HI>redi&s;&s;e&s;in</HI> is of a rent which i&s;&s;ues out of divers Lands in &s;everall pla|ces,<NOTE PLACE="marg">40 A&s;&s;. 23.</NOTE> &s;o as he cannot be at all at once. Its &s;ufficient to take the inque&s;t at one of them &amp;c. becau&s;e of the impo&s;&s;ibility, &amp;c. lea&s;e upon condition he dwell upon the land de|mi&s;ed, and he dyes at the end of ten yeers, the lea&s;e being for forty yeers, yet his exe|cutor &s;hall enjoy this tearm,<NOTE PLACE="marg">Michel. 37. 38 Eliz.</NOTE> becau&s;e the condition is become impo&s;&s;ible, &amp;c.</P>
<P N="69">69 <HI>Lex judicat de impo&s;&s;ibiliter faci|endis qua&s;i fractis.</HI> So tenant in tayle &s;uffers an u&s;urpation, the i&s;&s;ue is bound till the Church become void again, but if hee
<PB N="65" REF="43"> <HI>had</HI> made an appropriation of it. In which ca&s;e by judgment of law it wil never come void again in this ca&s;e, hee may bring his action pre&s;ently as if it were ab&s;olutely void.<NOTE PLACE="marg">46 A&s;&s;. 4. <HI>I. Neveros</HI> Ca&s;e.</NOTE> A Covenant is that le&s;&s;ee will leave the trees in as good plight at the end of his terme as he found them, and he cuts them down, an action lies pre&s;ently for the im|po&s;&s;ibility to performe, &s;ee 5.<NOTE PLACE="marg">Temps E. 1. F. Covenant 29. 7 Report 15.</NOTE> Report Ca&s;e, Sir <HI>Anthony Maine</HI> ruled upon the &s;ame rea&s;on. A man &s;ubmits to arbitre|ment, and then repeals the authority of the arbitrator, &amp;c. this makes all impo&s;&s;ible to go on, &amp;c. and is as much in doome of law as if he had broke the arbitrement a|ctually, and his <HI>bond is</HI> forfeited, but <HI>nota.</HI><NOTE PLACE="marg">8 Report ea&s;e <HI>Viner.</HI></NOTE> The Impo&s;&s;ibility mu&s;t be ab&s;olute, for if the lea&s;t po&s;&s;ibility remayne it alters the law, as where the condition was upon a feoffment to re-infeoff the Feoffor, the Feoffee is di&s;&s;ei&s;ed, and then acknowled|geth a &s;tatute or takes a wife, &amp;c. in this ca&s;e at fir&s;t &s;ight in ordinary rea&s;en it is impo&s;&s;ible he cannot make this feoffment, but hee mu&s;t enter before by which the Land will be charged with the&s;e incum|brances, yet becau&s;e the wife may dye, or he may procure a relea&s;e of the &s;tatute be|fore
<PB N="66" REF="44"> the time of entry &amp; refeoffment,<NOTE PLACE="marg">2 Report Ca&s;e <HI>Iulius Wining|ton.</HI></NOTE> there|fore no &s;uch impo&s;&s;ibility is in the ca&s;e to amount to a breach of the covenant. So in ca&s;e of trees before, if the <HI>Covenant</HI> had been of a <HI>hou&s;e in as good plight,</HI> &amp;c. which is out of repaire, and the tearm is welnigh ended within three days, in which a kinde of impo&s;&s;ibility is to doe it,<NOTE PLACE="marg">12 E. 3. Fitz. Tit. Covet. 2.</NOTE> yet an action doth not lye till the tearm be wholy ef|fluxed. <HI>E conver&s;o, The Law adjudges &s;ometimes that is impo&s;&s;ible to be done as actually performed.</HI> As where it was en|acted that a &s;tatute the made &s;hould have continuance till the King returned <HI>&agrave; partibus tran&s;marinis,</HI> and he dyed there, this &s;tatute is now determined, as if hee had returned.<NOTE PLACE="marg">18 H. 6. 12.</NOTE> A lea&s;e is for yeers untill A|ccompli&s;h the age of 21, hee dyes at eighteene, this lea&s;e is determined as fully, as if he had come to one and twen|ty.<NOTE PLACE="marg">3 Report Ca&s;e <HI>Borra&s;ton.</HI></NOTE></P>
<P N="70">70 <HI>Lex accepit voluntatem &amp; dili|gentiam pro facto.</HI> No place is limited where money &s;hall be payed in the condi|tion of a bond, if now the obligor happen in company with the obligee intending to tender him the money,<NOTE PLACE="marg">8 E. 4. 1. per <HI>Catesby.</HI></NOTE> and the other &s;hifts away to prevent him, &amp;c. It &s;eems in this
<PB N="67" REF="44"> ca&s;e hee &s;hall be excu&s;ed, becau&s;e hee hath done his endevour. A man gives a Jurour money to embrace him, though it happen the verdict do pa&s;s again&s;t this man, yet he &s;hall be puni&s;hed for this, &amp; the law was that if one a&s;&s;aile me to rob me though he did not, yet he &s;hould die for it.<NOTE PLACE="marg">28 H. 6. 12. Dyer 9<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</NOTE> See <HI>Fro&s;ts Ca&s;e</HI> 5 <HI>Rep.</HI> &amp; <HI>Ridgways Ca&s;e</HI> 3 <HI>Rep.</HI> &amp; <HI>Plow.</HI> 22. <HI>Exception</HI> 2. <HI>Nota,</HI> this exceptio~ where the Condition, <HI>Act or</HI> &amp;c. is to be done to an e&s;tranger there, to do what in him is, will not &s;erve, but it &s;hall be actually done, and its nothing to have done <HI>quantum in &s;e e&s;t.</HI> As a covenant is betwixt <HI>A.</HI> and <HI>B.</HI> that if <HI>A.</HI> upon the tender of a hundred pound makes him an e&s;tate, then <HI>B.</HI> &s;hall relea&s;e to <HI>A. A.</HI> is all times ready to make the e&s;tate <HI>pro ut, &amp;c.</HI> but the 100 <HI>li.</HI><NOTE PLACE="marg">23 Eliz. Dyer 371.</NOTE> is not tender, &amp;c. <HI>B.</HI> in this ca&s;e is not bound to make any relea&s;e.</P>
<P N="71">71 <HI>Lex judicat de rebus nece&s;&s;ario faciendis qua&s;i reip&s;a factis.</HI> One erects a jetty above my hou&s;e, by which of ne|ce&s;&s;ity the raine will fall and run upon my hou&s;e or curtelage.<NOTE PLACE="marg">4 Report Ca&s;e <HI>Pentuddock.</HI></NOTE> Its lawfull for mee in this ca&s;e to debru&s;e it and pull it down be|fore any rain have falne, all one as if it had falne upon the hou&s;e.</P>
<P N="72"><PB N="68" REF="45">72 <HI>The Law judges of that may be done as actually done.</HI> Upon this rea&s;on it is that the attornement by an Infant <HI>in pais</HI> is good,<NOTE PLACE="marg">9 Report Ca&s;e <HI>Conie.</HI></NOTE> becau&s;e he might have been com|pelled by a fine to do it. The Sheriffe may &s;ell goods without any <HI>venditioni expo|nas,</HI> becau&s;e hee might by &s;uch a <HI>Writ have been compelled</HI> to it.<NOTE PLACE="marg">5 Report Ca&s;e <HI>Hoe.</HI></NOTE> A Rent charge is payed twenty yeeres without acquit|tance, and after a Writ of annuity is brought,<NOTE PLACE="marg">37 H. 6. 19.</NOTE> he &s;hall be received to plead pay|ment as to a rent becau&s;e hee might have done &s;o if he had i&s;&s;ued for it as rent.<NOTE PLACE="marg">9 Report Ca&s;e Sir <HI>George Rey|nalls.</HI> 1 E. 3. 11.</NOTE> An of|fice is gra~ted for <HI>yeers, it is void</HI> becau&s;e this may come to an executor. Albeit an e&s;|&s;oigne is not ca&s;t, yet becau&s;e it might have <HI>been done,</HI> a Jury &s;hall not be <HI>demanded the fir&s;t day.</HI> The King di&s;charges all Intru&s;i|ons, &amp;c. and one hath entred at this time, yet becau&s;e office was not found it cannot be &s;aid Intru&s;ion, but re&s;olved becau&s;e an office may be found when the King plea|&s;eth,<NOTE PLACE="marg">11 Eliz. Dyer. 284.</NOTE> it is all one in law as if it were found &s;ee 4 <HI>Report Bevils ca&s;e,</HI> bin to this purpo&s;e. <HI>Nota, If a thing is in my Will to have, it is all one as in my po&s;&s;e&s;&s;ion,</HI> &s;o where it is in the will and power of a pri&s;oner to e&s;cape,<NOTE PLACE="marg">10 H. 6. 6. 42 E. 3. 10.</NOTE> it is all one as if hee had e&s;caped in judge|ment
<PB N="69" REF="45"> of law.<NOTE PLACE="marg">Fitch. Coron. 432. Exception. 14 H. 7. 2.</NOTE> He which is acquitted upon an <HI>Appeal may</HI> this <HI>&s;hew upon</HI> an Indict|ment, but if hee do not &s;o he &s;hall have <HI>no damages.</HI> See 4 <HI>Report Vernons</HI> Ca&s;e.</P>
<P N="73">73 <HI>The Law will iudge of &s;ome things actually done as not done, &amp; &egrave; conver&s;o.</HI> Tithes are &s;et forth <HI>actu,</HI> but re-taken by the owner, it &s;hall be as if they had never been &s;et out at all, &s;o money payed to lo&s;e a morgage, and if taken back againe, it is as if not payed at all. One hath a protection,<NOTE PLACE="marg"><HI>Wades</HI> ca&s;e. 5 Report.</NOTE> <HI>dum moratur, &amp;c.</HI> Comes over to provide victuall, it is in law no comming to break the condition, <HI>D'Itaque non redeat,</HI> which is in it. A demandant enters into the land in que&s;tion by di&s;&s;ei&s;in to the u&s;e of ano|ther it is no entrie.<NOTE PLACE="marg">In&s;titut. 1. 18. 131. In&s;titut. 1. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">6<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</NOTE> Bea&s;ts e&s;cape out where the Lord comes to di&s;treine as to him they are yet upon the land, and hee may take them, &amp;c. one &s;hall be &s;aid in po&s;&s;e&s;&s;ion of a Ward gone &s;ix houres before out of his po&s;&s;e&s;&s;ion.<NOTE PLACE="marg">3 Report Ca&s;e <HI>Ratcliffe.</HI></NOTE></P>
<P N="74">74 <HI>The Law adjudges the &s;ame thing in e&s;&s;e, &amp; non e&s;&s;e to divers purpo&s;es.</HI> An e&s;tate in remaynder di&s;cends to a particu|lar e&s;tate,<NOTE PLACE="marg">9 E. 4 18. 40 E. 3. 13.</NOTE> yet if he be an Infant hee &s;hall not have his age, nor be in Ward by di&s;|cent of this remaynder, but &s;hall be &s;aid in
<PB N="70" REF="46"> of his fir&s;t e&s;tate. A particular tenant grants a rent, &amp; after makes a Feofment or &s;urrender which determines his e&s;tate,<NOTE PLACE="marg">1 Report Ca&s;e <HI>Archer,</HI> &amp; <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">0 E. 3. 6.</NOTE> yet it &s;hall be <HI>in e&s;&s;e</HI> to hold up the rent during the &s;aid e&s;tate. Two men are bound in an obligation of a hundred pound, and a re|covery by judgement is again&s;t one of them,<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Report Ca&s;e <HI>Higgens.</HI> 9 E. 4. 51.</NOTE> this dammes the bond as to him, but as to the other it is <HI>in e&s;&s;e.</HI> A man is bound in a &s;tatute, and is &s;ei&s;ed of a rent and before the extent he relea&s;es the rent, yet it &s;hall be <HI>in e&s;&s;e,</HI> as to the Conu&s;ee. He in rever&s;ion infeoffs his Le&s;&s;ee for yeers to the u&s;e of I.<NOTE PLACE="marg">7 Report Ca&s;e <HI>Lillington.</HI></NOTE> S. &amp;c. This wil work a &s;urren|der by the law of the term. Yet by the &s;ta|tute of U&s;es it &s;hall be <HI>in e&s;&s;e,</HI> and is &s;aved. The Lord relea&s;es to his tenant being an A|bot, who had purcha&s;ed in Mortmain the Seigniory is extinct,<NOTE PLACE="marg">F. n. b. 223. 14 Eliz. <HI>per opinionem</HI> Dyer.</NOTE> yet as to the Lord Paramount it is <HI>in e&s;&s;e.</HI> Le&s;&s;or grants a rent, and then accepts of a &s;urrender, hee &s;hall hold now charged with this rent pre|&s;ently, but if he had granted the rever&s;ion to a &s;tranger who accepts of a &s;urrender, hee &s;hall hold di&s;charged of this rent du|ring the life of the tenant for life. See 9 <HI>E.</HI> 4 18. and 6 <HI>Report,</HI> Sir <HI>Anthony Mildmays</HI> Ca&s;e of a rent to cea&s;e for a time, and to revive for another time. 1 <HI>Report Anne
<PB N="71" REF="46"> Mayos</HI> Ca&s;e, <HI>&s;imile</HI> 5 <HI>Report Halls</HI> Ca&s;e in a &s;entence after appeal it is <HI>in e&s;&s;e,</HI> as to the co&s;ts. <HI>Vide</HI> 6 <HI>Report,</HI> Lord <HI>Aburga|venies</HI> Ca&s;e, 9 <HI>Report</HI> Ca&s;e, <HI>Strata Mar|cella,</HI> where its &s;aid tho&s;e things are <HI>in e&s;&s;e quae jure &s;unt.</HI> Vouchee is tenant in law, but to &s;ome purpo&s;e,<NOTE PLACE="marg">In&s;titutes 1. 273.</NOTE> not to have a relea&s;e to him, &s;o tenant by courte&s;ie who hath granted over his e&s;tate.</P>
<P N="75">75 <HI>Quod lex dicet factum e&s;t &s;ic ac|&s;i, by the party him&s;elfe.</HI> This is the rea&s;on that in all dealing with officers, trad<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;men, &amp;c. they will declare that agreement, was to give them <HI>tantum, quantum meruit,</HI> &amp; though no &s;uch agreement can be prov'd, it &s;hall pa&s;&s;e for them as if &s;uch agreement had bin proved as in ca&s;e of a Taylor, it is good evidence that he put the clothes to make without more the Law &s;ays the re&s;t.<NOTE PLACE="marg">8 Report 147.</NOTE></P>
<P N="76">76 <HI>The Law judges that is illegally done, as not done at all.</HI> One gains the e|&s;tate of a copy-holder by di&s;&s;ei&s;in,<NOTE PLACE="marg">4 Report Ca&s;e of Copyhold.</NOTE> and lea|&s;es this for years, this &s;hall not de&s;troy the cu&s;tom. A man takes bea&s;ts for to agi&s;t his common,<NOTE PLACE="marg">22 A&s;&s;. 84.</NOTE> this gives him no &s;ei&s;in becau&s;e not legall to u&s;e his common &s;o.</P>
<P N="77">77 <HI>Leges priores per po&s;teriores abro|guntur, &amp; contra.</HI> But then the later
<PB N="72" REF="47"> Statute mu&s;t be contrary to the former in &s;ub&s;tance or quality, and &s;o if the later be negative, as <HI>a&s;&s;i&s;&s;e non capiuntur ni&s;e in proprio Com.</HI> This of more power then if it had &s;aid, <HI>a&s;ci&s;e capiuntur in proprio com.</HI> In the fir&s;t it will warrant a plea to the juri&s;diction of a Court,<NOTE PLACE="marg">11 Report 62. 3.</NOTE> in the latter not &s;o, if he be impleaded in any other place then the Countie where the Land lies,<NOTE PLACE="marg">38 H. 6. 18. 8 E. 2. Iudge|ment 240.</NOTE> But a Statute in the affirmative doth not alter a &s;tatute formerly made, or a cu&s;tome. Statute 21 <HI>H.</HI> 8. is, that if one who hath a benefice of the value 8 pound takes ano|ther, and is inducted, the fir&s;t is void, this doth not alter the Law before that the fe|cond benefice doth make void the fir&s;t, though of le&s;&s;e value then 8.<NOTE PLACE="marg">4 Report ca&s;e. <HI>Digby</HI> and <HI>Holland</HI> Ca&s;e.</NOTE> lib. and &s;o be|fore indiction in &s;uch ca&s;e. A man hath wreck by pre&s;cription, and it is inacted, <HI>Quod Rex habebit reckum maris per totum regnum:</HI> This &s;hall not take away my pre&s;cription, <HI>aliter</HI> if the pre&s;cription had gone <HI>per totum Angliam,</HI><NOTE PLACE="marg">5 Report ca&s;e Sir <HI>Hen. Con|&s;table.</HI> 9 <HI>Car.</HI> ca&s;e. <HI>Brad&s;havv in</HI> b. <HI>Roy.</HI></NOTE> and &s;o as large as the Statute: As the Statute 5. <HI>Eliz.</HI> 4. In acts that he who &s;ets up &s;uch trade mu&s;t be apprentice before, &amp;c. alters the cu|&s;tom of the Realm to trade freely before without &s;uch &s;ervice pre&s;edent. The Sta|tute
<PB N="73" REF="47"> that Sheriffs &s;hal deliver Indictments to the Ju&s;tices of Peace by Indenture, yet if he do not &s;o, they are not void.<NOTE PLACE="marg">4 H. 7. 11.</NOTE> Things of nece&s;&s;ity are not altered by generall words of an Act of Parliament.<NOTE PLACE="marg">10 Report 61. 5 Report 71. 7 Report 14.</NOTE> So if a|gain&s;t common rea&s;on. <HI>Plo.</HI> 88. So if ab|&s;urde, <HI>Dyer</HI> 314. 27 <HI>H.</HI> 6. <HI>tit. Annuity</HI> 41. <HI>In&s;iitutes</HI> 2. 198. <HI>Dyer</HI> 234. 43 <HI>E.</HI> 3. 22. It is ordained that Commi&s;&s;ioners Eccle&s;ia|&s;ticall &s;hall puni&s;h abu&s;es again&s;t the book of common Prayer, yet the Ordinaries ju|ri&s;diction is not taken away. See <HI>In&s;titutes</HI> 1. 96. to this bene. The words of a later Statute by Con&s;truction or Interpretation onely &s;hall not abrogate a former &s;tatute,<NOTE PLACE="marg">4 E. 4. 3. 7 Report <HI>Ken<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"></HI> ca&s;e.</NOTE> yet co&s;ts were due in a <HI>quare impedit,</HI> by the Common Law, and damages are given by &s;tatute <HI>W.</HI> 2. in this action. Co&s;ts are by con&s;truction taken away. So the &s;tatute of <HI>Marlb. cap.</HI> 6. is repealed by the affirmative &s;tatute of 32 <HI>H.</HI> 8. of <HI>Wills.</HI><NOTE PLACE="marg">6 Report <HI>Cur|&s;ons</HI> ca&s;e.</NOTE> See by mee if it is not becau&s;e the&s;e are con|trarious in rea&s;on, which equall as if in ex|pre&s;&s;e words.</P>
<P N="78">78 <HI>Lex non cogit ad vana per agenda.</HI> But rather in &s;ome ca&s;es will allow the thing as done whch &s;hould be in vaine to do. Le&s;&s;or Covenants upon Surrender to
<PB N="74" REF="48"> make a new lea&s;e, he grants the rever&s;ion away for yeers in this ca&s;e, the le&s;&s;ee need not make any &s;urrender,<NOTE PLACE="marg">5 Report Ca&s;e Sir <HI>Ant. Maine.</HI></NOTE> but &s;hall have his action &s;o &s;oon as he plea&s;eth, becau&s;e it is vain to make a &s;urrender when the Le&s;&s;or hath him&s;elf di&s;abled, &amp;c. by his new lea&s;e. Covenant to &s;ing Ma&s;&s;e in &s;uch a Chap|pell which falls down,<NOTE PLACE="marg">11 H. 7. 10.</NOTE> the Covenantor needs not goe thither and proffer to &s;ing Ma&s;&s;e there, &amp;c. Goods are delivered to re-deliver upon reque&s;t,<NOTE PLACE="marg">7 H. 6. 31.</NOTE> the Bailer delivers them to a third per&s;on, I may take them without reque&s;t, Protection is ca&s;t in a cau&s;e where two are &s;ued as husband and wife,<NOTE PLACE="marg">17 E. 3. 16.</NOTE> and &s;hee comes and pleads &s;he is not his wife, &s;he &s;hall not be admitted, and for this cau&s;e though &s;hee de&s;ire it not, yet &s;he &s;hall not be e&s;topped to &s;ay &s;he was a Fem &s;ole. The Lord covenants upon &s;urrender of the old Copy to make a new one, now becau&s;e the making of a new Copy is a &s;ur|render in law of the old,<NOTE PLACE="marg">Michael. 11. <HI>Car. Rot.</HI> 310. B. <HI>Roy.</HI></NOTE> therefore an acti|on of covenant lyes again&s;t the Lord if he doe it not without &s;uch &s;urrender which was idle to make. Exception is to this rule. In ca&s;e the thing may be of &s;ome va|lidity, and is not ab&s;olutely vain, though <HI>revera</HI> it is idle. As where I.S. is bound to pre&s;ent I. D. to the Church of Sale
<PB N="75" REF="48"> when this &s;hall next be void. In this ca&s;e though the obligee is married, &amp;c. by which hee was di&s;abled, &amp;c. yet hee mu&s;t be pre&s;ented if hee will &s;ave his bond be|cau&s;e he may have a di&s;pen&s;ation from the Ordinary.<NOTE PLACE="marg">20 A&s;&s;. 1. <HI>Perkins</HI> 157.</NOTE> So where <HI>Vtlary</HI> in felony is to be rever&s;ed, a <HI>Scire facias</HI> &s;hall go to the Lords, &amp;c. though he hath no land, &amp;c. untill the Court &s;hall be appri&s;ed thereof by return of the Sheriffe,<NOTE PLACE="marg">7 H. 7. 5.</NOTE> or the Kings At|torney. See 39 <HI>E.</HI> 3. 22. 23. 21. <HI>E.</HI> 4. 40. 47.</P>
<P N="79">79 <HI>Lex non haeret in &s;yllabis vel literis modo de &s;ub&s;tantia con&s;tat.</HI><NOTE PLACE="marg">16 E. 4. 3. 39 H. 6. 43. ib. fol. 39.</NOTE> A Writ is that &s;uch a one <HI>fuit non compos mentis,</HI> and the traver&s;e to this was that <HI>ab&s;que hoc quod fuit extra &s;anam memoriam &amp; bene.</HI> So <HI>Iturus</HI> is put for <HI>profecturus,</HI> its well e|nough. <HI>Avowrie</HI> is becau&s;e a 100 pound <HI>pro redditu praedicto,</HI> was behind, and &s;uffi|cient though <HI>de reditu</HI> had beene more apt. The King brings an action of ac|count, and the Writ is,<NOTE PLACE="marg">25 E. 3. placi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">o 21.</NOTE> <HI>quod reddat Com|potum no&s;trum.</HI> Where it &s;hould be <HI>&s;uum,</HI> and yet holden good. The Me&s;ne grants to the Tenant to acquit him again&s;t the Lord Paramount and his heires, hee &s;hall acquit him again&s;t his wife, &amp;c.<NOTE PLACE="marg">1 In&s;titu. 241. 14 H. 4. 18.</NOTE> A bond is to re&s;igne to the obligee, yet it &s;hall
<PB N="76" REF="49"> bee done to the Ordinary.</P>
<P>So <HI>The Law is &s;omtimes &s;tricter then the words of the party in force.</HI><NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Report ca&s;e <HI>Frances.</HI></NOTE> The Le&s;&s;or grants if the Le&s;&s;ee is di&s;turbed, he &s;hall have fee, every di&s;turbance wil not do it, but &s;hal be of the le&s;&s;or him&s;elf to rai&s;e this Contingent fee. A remaynder is limited to children unprofered, this &s;hall be &s;uch as are not preferred when this remaynder happens to fall, and not unpreferred at the time of his death, who made &s;uch will for if they be preferred afterward before the remayn|der fall it is &s;ufficient.<NOTE PLACE="marg">Ibid. ca&s;e <HI>Alice Fulhur&s;t.</HI></NOTE> A &s;tatute is that Ju|&s;tices of Gaol-delivery, or Oyre and Ter|miner or any two of them &s;hall heare and determine, &amp;c. in this ca&s;e though there be but one, hee &s;hall execute this well e|nough.<NOTE PLACE="marg">In&s;titutes 3. 130.</NOTE></P>
<P N="81">81 <HI>Lex non e&s;t curio&s;a.</HI> Winks at &s;mall faults, one brought a Writ of Con&s;piracy for indicting of him the fourth of <HI>Augu&s;t,</HI> the Defendant makes a Ju&s;tification for executing the office of Ju&s;tice of Peace, without that he was guilty of any con&s;pi|racy before the &s;aid day or after and ruled good though he doth not preci&s;ely an&s;wer the very day laid.<NOTE PLACE="marg">12 E. 4. 18.</NOTE> An action <HI>quare fo&s;&s;a|ros fregit,</HI> where it is more proper to &s;ay,
<PB N="77" REF="49"> <HI>pro&s;ternavit,</HI> yet ruled good.<NOTE PLACE="marg">12 A&s;&s;. 28. Plo. 192. ca&s;e <HI>Adams.</HI></NOTE> A lea&s;e is made to B. and his wife, &s;he &s;urvives and marries W. and in pleading of a new lea&s;e, It is &s;aid to begin after the end of the lea&s;e made to W. and yet held good.<NOTE PLACE="marg">Hill. 11. <HI>Car.</HI> ca&s;e <HI>Lau|rence.</HI> 10 E. 3. <HI>F.</HI> Relea&s;e 38.</NOTE> A&s;&s;ump&s;it was in con&s;ideration hee &s;hould &s;urcea&s;e <HI>quaerelam pro</HI> 7 <HI>li.</HI> and it was an action upon the ca&s;e which is not for a &s;umme certain, but dammages &s;even pounds, yet holden good by the better opinion. Ac|compt is brought of a re&s;ceet <HI>per autor Mains,</HI> and a relea&s;e pleaded of accompt by him&s;elf, and admitted good.<NOTE PLACE="marg">27 A&s;&s;. 5.</NOTE> <HI>Champerty quod cepit mainutenere &amp; adhuc mainute|ret;</HI> in a plea which is adjudged and deter|mined, and <HI>adjudge</HI> good, yet it cannot be good in the pre&s;ent ten&s;e, <HI>Mi&s;recitall</HI> is of the very ance&s;tor, as a man &s;ays him&s;elf heir to the grandfather;<NOTE PLACE="marg">10 Eliz. Dyer 359. 360.</NOTE> whereby the office it was to the father, yet good. A conditi|on was to lea&s;e as, A. thinks meet and in the record its pleaded <HI>non demizavit, nec appunctuavit</HI> and good; &s;o not curious in the tran&s;lation of the Engli&s;h into Latine.<NOTE PLACE="marg">5 Report 23.</NOTE> In ca&s;e of wa&s;te <HI>de hominibus,</HI> it is proper to &s;ay <HI>in exilio hominum,</HI> but if he &s;aid <HI>fecit va&s;tum in hominibus,</HI> it is good enough. <HI>Vient la&s;&s;ie &s;upra titulo,</HI><NOTE PLACE="marg">2 H. 6. 11.</NOTE> where it appeares
<PB N="78" REF="50"> before there were many titles, and yet good, <HI>Vide</HI> 38 <HI>E.</HI> 3. 20. 27 <HI>H.</HI> 6. <HI>Ultimo. Cu|rio&s;ity circa horam dici.</HI><NOTE PLACE="marg">Dyer 326.</NOTE> Upon this rea|&s;on it is that <HI>fuit</HI> is oftentimes admitted for <HI>e&s;t, pertinent</HI> for u&s;ually occupied, an|cient office <HI>for petie continuance</HI> &amp;c. <HI>Vid<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> ante verbo Idem.</HI><NOTE PLACE="marg">10 Report of B. <HI>Salisbury.</HI> 10 H. 7. 27. Plo. Hill. &amp; G. Ca&s;e. 9 Report 52.</NOTE> The obligee &s;ays to the Obligor, that he him&s;elf is di&s;charged of all bonds, this is a good relea&s;e being by deed, albeit it is improperly &s;poken.</P>
<P N="82">82 <HI>De minimis non curat lex.</HI> A quill full of gold or &s;ilver oare &s;hall not cau&s;e a copper or tin myne to be to the King as a myne royall.<NOTE PLACE="marg">Plo. 339.</NOTE> <HI>Nota,</HI> Amercement is &s;o &s;mall a thing a man &s;hall not be re&s;tored to it, though there be a lawfull cau&s;e to to di&s;charge it,<NOTE PLACE="marg">8 E. 4. 25.</NOTE> &s;o where a judgment is re|ver&s;ed, I &s;hall not have re&s;titution of an amercement given again&s;t mee, cutting of trees to the value of two pence is no wa&s;te.<NOTE PLACE="marg">F.n.b. 60. Plo. 329.</NOTE> See <HI>Plo.</HI> 85. where it is &s;aid that a lea&s;e for an houre of a preten&s;ed title or right is within the &s;tatute of 32 of <HI>H.</HI> 8 of buying tirles.</P>
<P N="83">83 <HI>Law pre&s;umes more then the partie him&s;elfe &s;ayes.</HI> An Ordnary returns for cau&s;e of divorce that the parties are <HI>infra annos nubiles,</HI><NOTE PLACE="marg">7 Report Ca&s;e <HI>Kens.</HI></NOTE> <HI>&amp;c.</HI> The Law &s;ayes there
<PB N="79" REF="50"> are more cau&s;es. A man is bound to infe&s;&s;e me of Lands worth ten pounds by year, &amp;c. pleads that he infeoft me of the Man|nor of D. and S. which are worth ten pounds by year,<NOTE PLACE="marg">14 H. 7. 1<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</NOTE> it is no good reply to &s;ay he infeoft me of the Mannor of D. onely, without &s;aying what it's worth, for it may be worth ten pound <HI>per annum</HI> of it &s;elfe, though hee &s;aid both were but of that value: a man covena~ts with I.S. that if he do not warrant the Land to him he will &s;ave him harmele&s;&s;e upon &s;uit, he enters into the Warrantie,<NOTE PLACE="marg">46 E. 3. 28.</NOTE> though this &s;atisfies the words of the Covenant, yet not the Law, for hee &s;hall render to him in value, otherwi&s;e, he doth not performe the Co|venant.</P>
<P N="84">84 <HI>Lex intendit optima perfecta &amp; effectualia &amp; legalia.</HI> A man hath e&s;to|vers in a wood, and he comes with force and armes, and cuts down trees,<NOTE PLACE="marg">14 H. 8. 7.</NOTE> it &s;hall be intended for his e&s;tovers, and not other wi&s;e, for where the thing &s;tands indifferent right or wrong, the Law always judges the be&s;t: Where it's &s;aid &s;uch a thing to be done, it &s;hall be intended <HI>prima facie</HI> law|fully done, as where one pleads that hee was po&s;&s;e&s;&s;ed of a Hawk,<NOTE PLACE="marg">Dyer 30<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</NOTE> <HI>ut de bonis proprio
<PB N="80" REF="51"> is,</HI> it was intended lawfully, where &s;peech is of time indefinitely, it &s;hall bee inten|ded the pre&s;ent time.<NOTE PLACE="marg">42 A&s;&s;. 21. 6 Report Ca&s;e <HI>Colliers.</HI> 10 Report 3 Report Ca&s;e <HI>Fines.</HI> Plo. Ca&s;e. <HI>Willowby.</HI> 11 Report Ca&s;e <HI>Metcalf.</HI> 5 H. 7. 25.</NOTE> A man is bound to apprar, it &s;hall be in per&s;on. Where it's agreed a fine &s;hall be levied, it &s;hall be a fine upon the &s;tat. of 4. <HI>H.</HI> 7. A challenge is, becau&s;e &s;uch a one was &s;i&s;tet to the Sheriff, ir &s;hall be intended of the whole bloud. Where &s;peech is of a judgement to bee given, it &s;hall bee intended finall judge|ment. A Lea&s;e is made to an Abbot for life, it &s;hall be intended his naturall life, and if he be depo&s;ed,<NOTE PLACE="marg">37 H. 6. 18. 35 H. 6. 54.</NOTE> his &s;ucce&s;&s;or &s;hall have it during his life. Hee that claimes conu&s;es of plea in his own ca&s;e, the Law &s;uppo&s;es he will doe right and be indiffe|rent.<NOTE PLACE="marg">In&s;titutes 3. 214. 185. 5 Report 112. Plo. 220. 20 H. 6. 23.</NOTE> A Statute which &s;peaks of attein|dors of trea&s;on, intends legall attendors, and not erronious: &s;o of an office, where|of an a&s;&s;igne intend it a complete a&s;&s;igne, &amp;c.</P>
<P N="85">85 <HI>Lex omnia &s;uaviter, &amp; ad melius di&s;ponit.</HI> A Writ is, <HI>reperare &amp; munda|re fo&s;&s;atum &amp; ripariam.</HI> The Law will apply the mo&s;t apt Sub&s;tantive to his verbe,<NOTE PLACE="marg">46 E. 3. 38.</NOTE> <HI>mundare</HI> to <HI>fo&s;&s;atum, reparare</HI> to the bankes, &amp;c. The <HI>&s;olvendum</HI> was to the Obligor,<NOTE PLACE="marg">4 E. 4. 29.</NOTE> the Law will alter it
<PB N="81" REF="51"> and make it to the Obligee, and &s;o the Plaintiffe &s;hall declare <HI>quod nota.</HI> A Writ of entre is upon the Statute of <HI>W.</HI> 2.<NOTE PLACE="marg">4 E. 4. 29.</NOTE> <HI>quare ingre&s;&s;i &s;unt manerium de</HI> A. <HI>&amp;</HI> B. <HI>ac u|num me&s;&s;uagium,</HI> ten Acres of pa&s;ture, ten of medow, in the Town of P. &amp;c. and the ca&s;e was that no &s;uch Town of P. is without addition, and &s;o in &s;trictne&s;&s;e of Law the writ was to be abated, but now to &s;ave this the Town &s;hall be referred to me&s;&s;uage and lands,<NOTE PLACE="marg">19 E. 4. 6.</NOTE> and not to the Man|nor which is good without any vill layed and the writ abated, as to tho&s;e and &s;tood good as to the Mannor by this fair and hand&s;ome di&s;po&s;ition of things. Tre&s;pa&s;&s;e <HI>quare clau&s;um</HI> of husband and wife, <HI>&amp; bo|na &s;ua cepit,</HI> and declare of a taking before marriage,<NOTE PLACE="marg">7 H. 7. 2. 3.</NOTE> and the Court &s;aid that this word <HI>&s;ua</HI> being indifferent &s;hall refer unto the wife onely, and &s;o good by this orde|ring that word, Tre&s;pa&s;&s;e <HI>contra pacem, R.</HI> 2. <HI>&amp; Regis nunc</HI> where part of it was in the one Kings reign, and part in the o|ther, and &s;o declared, though the Writ is joynt <HI>contra pacem,</HI><NOTE PLACE="marg">11 H. 4. 15. 37 H. 6. 2. 17.</NOTE> the tre&s;pa&s;&s;e &s;hall be &s;o mar&s;halled to make it good. <HI>Ce&s;&s;avit</HI> is of divers &s;ervices, it &s;hall be referred to &s;uch &s;ervices onely in which the Law &s;ays
<PB N="82" REF="52"> a ce&s;&s;or may be and not to others, as ho|mage, &amp;c. <HI>In a Quo warranto pre&s;cripton,</HI> is alleaged for wai<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e and po&s;&s;e&s;&s;ion of the Abbot, and the Act of 32 <HI>H.</HI> 8. of <HI>Reviver pro catellis follonum,</HI><NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Report Ca&s;e <HI>Abbot Strata Mercella.</HI></NOTE> <HI>&amp; eo waranto cla|mat omnia ut &s;pectant</HI> to the Mannor and good, though <HI>catalla felonum</HI> cannot in Law be &s;pectant to a Mannor, the Law will refer this word to other things before mentioned, which may be appertenent to a Mannour, or el&s;e make that word as void, rather then overthrow all. A man grants a rent <HI>de molendino &s;uo percipien|dum de &s;e &amp; haeredibus.</HI> The Law will mar&s;hall it thus that he grants the rent for him and his heires,<NOTE PLACE="marg">22 A&s;&s;. 66.</NOTE> <HI>percipiendum,</HI> out of the Mill, &amp;c.</P>
<P N="86">86 <HI>Lex &s;emper dabit remedium.</HI> A man lea&s;es land excepting the trees, hee &s;hall by law have free egre&s;&s;e and regre&s;&s;e for to come and cut them down and carry them away.<NOTE PLACE="marg">14 H. 8. 1. 11 Report <HI>Lifords</HI> Ca&s;e. 1 Report 98.</NOTE> Where the &s;tatute gives a third part to him who di&s;covers an offence a|gain&s;t any &s;tatute, he &s;hall have an action for this,<NOTE PLACE="marg">37 H. 6. 4.</NOTE> albeit it is not expre&s;ly given,</P>
<P N="87">87 <HI>Lex judicat de in&s;ufficienter vel vane factis qua&s;i omnino infectis.</HI> A Baily of a Franchi&s;e makes an in&s;ufficient return, it
<PB N="83" REF="52"> is as if <HI>nullum dedit respon&s;um,</HI><NOTE PLACE="marg">In&s;titutes 2. 453. 5 H. 7. 28. 3 H. 7. 11. Plo. 19.</NOTE> and a <HI>non omittas</HI> &s;hall be awarded, and hee &s;hall lo&s;e the franchi&s;e, <HI>hac vice,</HI> no office and an in&s;ufficient office all one. Sommons by one Sommonour, is as if none at all had bin:<NOTE PLACE="marg">Stamford 51. 50 E. 3. 17. 14 H. 8. 21. 26 E. 3. 69.</NOTE> if a rent is granted but no atornment it is as no grant. Pre&s;entment to a Church ful before, though the pre&s;entee hath accepted of it, will not determine his annuity gran|ted him till he &s;hould be pre&s;ented.<NOTE PLACE="marg">Fitz Coron. 444.</NOTE> A man is acquitted upon an in&s;ufficient Indict|ment or appeal, no damages &s;hall be given, but is as if no acquitall had been.<NOTE PLACE="marg">27 A&s;&s;. 25. 8 Report Ca&s;e <HI>Vinior.</HI></NOTE> The power of an arbitratour is repealed, but it is imperfect becau&s;e notice was not, &amp;c. he may well plead, <HI>non revocavit.</HI> An ap|peal is brought upon an Indictment, but becau&s;e the Indictment was in&s;ufficient it &s;hal be taken as no Indictment had bin,<NOTE PLACE="marg">20 E. 4. 6. 10 H. 7. 24. 26 E. 3. 4.</NOTE> &amp; abettors &s;hall be enquired off. <HI>The &s;ame law is where a thing is done in part onely, as where debt is payed in part. Vide</HI> 5 <HI>Re|port, Ca&s;e Lord Mountjoy. In&s;titutes</HI> 1. 25 4 <HI>Report, Ca&s;e Vernon.</HI> The &s;ame law is where a thing is <HI>vane factum,</HI> and &s;o accep|tance of a vaine thing is as none, a Com|mi&s;&s;ion of the Peace is direct to two, which are dead,<NOTE PLACE="marg">P. Brook <HI>50<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</HI></NOTE> this will not repeale a former
<PB N="84" REF="53"> Commi&s;&s;ion. One makes an Indenture o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> other Writing under &s;eale of receit of goods,<NOTE PLACE="marg">27 H. 8. 22. 49 E. 3. 3.</NOTE> this works nothing more then if no deed at all had been, but a deed of receit of money &s;hall conclude for to &s;ay <HI>unques &s;on Receiver.</HI><NOTE PLACE="marg">10 E. 3. 32.</NOTE> A <HI>Metropolitan</HI> doth commit ad|mini&s;tration where there were not any <HI>bo|na not abilia, &amp;c.</HI> it is as none. An Infant grants a rent,<NOTE PLACE="marg">14 H. 8. 21. 24 H. 8. 2.</NOTE> or no attournment is to &s;uch grant by the tenant in ca&s;e of a man of full age the&s;e may plead ne <HI>grant a pa&s;s</HI> for the in&s;ufficiency of them.</P>
<P N="88">88 <HI>The law will accept of that is good in grants or pleadings, and reject the &s;ur|plus.</HI><NOTE PLACE="marg">10 E. 4. 56.</NOTE> I infeoffe <HI>A.</HI> and grant to <HI>B.</HI> by the &s;ame deed that I &s;hall warrant for me and my heires to <HI>A.</HI> that is a good warranty to <HI>A.</HI> and the words to <HI>B.</HI> are void, A man grants 20 load of buche to <HI>Io. Ro&s;&s;et</HI> and his heires, <HI>quorum</HI> 16 <HI>praedictus Jo|hannes habuit ex dono Richardi patris mei,</HI><NOTE PLACE="marg">10 A&s;&s;. 14.</NOTE> <HI>&amp;c.</HI> albeit <HI>Io.</HI> never had any &s;uch grant before of the Father, &amp;c. the grant is good for the whole loads. A Bi&s;hop cer|tifies ba&s;tardy,<NOTE PLACE="marg">4 In&s;titute 48.</NOTE> and endor&s;es the rea&s;on be|cau&s;e the Father was ab&s;ent &s;even yeeres. The Law will reiect this later part, and re&s;trein the former of Ba&s;terdy A Writ<NOTE PLACE="marg">11 A&s;&s;. 24.</NOTE>
<PB N="85" REF="53"> goes to chu&s;e a Burge&s;&s;e of Parliament, no Lawyer, the Law rejects this la&s;t.</P>
<P N="89">89 <HI>The Law is more agile in working then the act of the party.</HI> This the rea&s;on that where lands are devi&s;ed to him, that is heir at law, he &s;hall be in by di&s;cent, and not by the will. Tenant by the curte&s;ie is the rever&s;ion to the wife of I.S. he infeoffs the huband and wife,<NOTE PLACE="marg">11 A&s;&s;. 24.</NOTE> it &s;hall be a &s;urrender to her, and the <HI>husband and takes nothing.</HI> See 20 <HI>A&s;&s;.</HI> 16. 35 <HI>A&s;&s;.</HI> 11.</P>
<P N="90">90 <HI>The Law where it enjoyns an Act to be done will provide he &s;hall not be hurt, &agrave; latere that doth it.</HI> And for this, where I have annuity and many arrears are, and then it's due at <HI>Mich. &s;ub&s;equent,</HI> and I do receive it then and give an acquit|tance, now becau&s;e he is not bound to pay it me without acquittance, therefore be|cau&s;e I could not receive it without this acquittance,<NOTE PLACE="marg">3 Report 65.</NOTE> it &s;hall not bar me of the ar|rears due before, <HI>aliter,</HI> in ca&s;e of rent.</P>
<P N="91">91 <HI>The Law regards the principall thing, and not additionals.</HI> As in ca&s;e of a Mill, which is in demand, it's no matter whether Corn-mill, Paper-mill,<NOTE PLACE="marg">4 Report Ca&s;e <HI>Luttrell.</HI></NOTE> or Bol|ling-mill. A. grants me the yearly annuity of a robe with furs, when I come to &s;ue
<PB N="86" REF="54"> for this,<NOTE PLACE="marg">17 E. 3. 73.</NOTE> I &s;hall onely mention a grant of &s;uch a robe yearly, without mentioning furs.</P>
<P N="92">92 <HI>The Law adjudges the deniall to doe a thing as the not doing it or breach of Covenant, &amp;c.</HI> A. delivers B. ten pounds for certain woad, if hee like it when hee &s;ees it,<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">8 E. 4. 15.</NOTE> and if hee like it not, then to re|deliver the money, if when he &s;ees them he deny to have them, the bargain is de|termined, and no agreement after will make it good.<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">5 E. 4. 31. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">4 H. 8. 23.</NOTE> A man is bound to doe an act when I reque&s;t him, and he &s;ayes hee will not doe it, hee hath forfeited his bond.</P>
<P N="93">93 <HI>The Law is not &s;atisfied with &s;ha|dows but &s;ub&s;tances.</HI> It is not &s;ufficient for a labourer to be retained in &s;ervice, if he doe not actually &s;erve.<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">1 H 6. 1. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">9 Eliz. Dyer <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">56.</NOTE> If one accept of a thing in &s;atisfaction of another which is of no value it is not good. See <HI>Wades Ca&s;e,</HI> 5 <HI>Report, to this purpo&s;e:</HI> 46 <HI>E.</HI> 3, 26 <HI>&amp;</HI> 33. 46 <HI>E.</HI> 3. 28 <HI>Ca&s;e of Warranty.</HI></P>
<P N="94">94 <HI>The Law hath an eye to the begin|ning of Acts.</HI><NOTE PLACE="marg">Plo. 260.</NOTE> A Lunatike &s;mites him&s;elfe with a <HI>knife,</HI> and after becomes of &s;ane memory, and dies, hee &s;hall not forfeit his goods.<NOTE PLACE="marg">13 H. 7. 14.</NOTE> I have an intent to &s;trike I. S.
<PB N="87" REF="54"> and it happeneth upon I. N. it is a mai|hem, &amp;c. If pre&s;entment be in time of war, all done upon that is void.<NOTE PLACE="marg">6 E. 3. 41. 2 Report Ca&s;e <HI>Bingham.</HI></NOTE> A &s;ervant kills his Ma&s;ter after he is departed upon malice conceived before in time of his &s;ervice, this is pettie trea&s;on.<NOTE PLACE="marg">Fitz Coron. 210. 16 A&s;&s;. 3.</NOTE> A man a|bates parcell of a gor&s;e, by which all is broken in time &s;hortly after hee &s;hall bee charged of repairs of all and &s;hall an&s;wer damages of all.</P>
<P N="95">95 <HI>Loquendum ut nulgus.</HI> A. &s;els to me ten Acres of corne,<NOTE PLACE="marg">17 E. 4. 1. Plo. 29.</NOTE> it is good onely for the corne, and upon this rea&s;on &s;hall the con&s;truction of a deed be made to con|troul the &s;en&s;e of the Law.</P>
<P N="96">96 <HI>A lawfull act by matter, ex po&s;t facto, may become unlawfull.</HI><NOTE PLACE="marg">16 H. 7. 14. 2 E. 4. 5. 22 E. 4 47. 13 E. 4. 9. 9. 9 H. 6. 29. 11 Report 11.</NOTE> So whore a di&s;tre&s;&s;e is taken well, and killed after|wards, &s;o if it be &s;old, or hee claime profit in it. A man hath a hou&s;e boot, and takes this every yeere, as he may doe though he u&s;e it not of 20 years after, for it is not good to build with before it be &s;ea&s;oned,<NOTE PLACE="marg">10 E. 4. 3.</NOTE> if now he &s;ell it or convert it to other u&s;es, he is a tre&s;pa&s;&s;er. The &s;ame law is where an act is well done by authority of the partie,<NOTE PLACE="marg">M. 2 H. 8. <HI>Kell.</HI></NOTE> as I deliver a che&s;t to one who breaks it, tre&s;pa&s;&s;e lies, he which is di|&s;trained
<PB N="88" REF="55"> payeth his rent, and afterwards is denyed to have his goods delivered,<NOTE PLACE="marg">22 H. 7. <HI>Kell.</HI></NOTE> hee &s;hall have an action of tre&s;pa&s;&s;e or de|tinue.<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <HI>E.</HI> 4. 17. 16 H. 7. 14. 11 H. 4. 58.</NOTE> So in many ca&s;es by not doing &s;ome <HI>act &s;ub&s;equent,</HI> a former lawfull act &s;hall become unlawfull, as where the Sheriffe makes an arre&s;t, and returns not the <HI>Capias,</HI><NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <HI>E.</HI> 4. 9. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">1 H. 7. 23.</NOTE> or if it be done by his Bailiff or &s;ervant, and no return, it will make the Sheriffe him&s;elfe a tre&s;pa&s;&s;er though not the &s;ervant who is to be quit in &s;uch a ca&s;e, &amp;c.<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <HI>E.</HI> 4. 4. 8 H. 6. 8.</NOTE> An Executour commands the ta|king of goods of the te&s;tator,, and after refu&s;eth to prove the Will, he is a tre&s;pa&s;|&s;er,<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">1 H. 7. 23.</NOTE> but not the &s;ervant, the Sheriff &s;ei&s;es the goods of one out-lawed and after doth not charge him&s;elfe in his account with them when the partie is pardoned or out|lary rever&s;ed, hee &s;hall have an action of tre&s;pa&s;&s;e again&s;t the Sheriffe, The Or|dinary refu&s;eth a Clarke for lawfull cau&s;e, as in&s;ufficiencie, if he examine him after|wards, and accept him, he makes him&s;elf puni&s;hable for the di&s;turbance before. A Writ well purcha&s;ed by matter &s;ub&s;equent as death of one of the demandants may become in apt or fal&s;e,<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">0 Report 134</NOTE> and &s;o abate. A man is arre&s;ted by command of the Ju&s;tices
<PB N="89" REF="55"> in <HI>We&s;tmin&s;ter</HI> Hall, this is ju&s;tifiable, the <HI>&s;ame Term,</HI> without record therof, but in another terme not,<NOTE PLACE="marg">10 H. 7. 17.</NOTE> unle&s;&s;e a Record bee of it, and by negligence herein he may be puni&s;hed by fal&s;e impri&s;onment.</P>
<P N="97">97 <HI>Malitia mutat l<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">gem. A</HI> is bound to inclo&s;e again&s;t a clo&s;e of mine called White Acre, if my bea&s;ts go into his for lack of his fence, it is excu&s;able, but if my Clo&s;e be &s;own with Corn, &amp;c. by which hee was &s;ecure and made not his fence, if I &s;hould now put bea&s;ts into my Clo&s;e &s;o &s;owne of purpo&s;e they may e&s;cape, &amp;c.<NOTE PLACE="marg">39 <HI>E.</HI> 3. 3.</NOTE> there he is not to be excu&s;ed. So an Infant in ca&s;e of Murder &s;hall be tryed for his life where malice and &s;ubtlety appears,<NOTE PLACE="marg">3 H. 7.</NOTE> <HI>aliter non.</HI></P>
<P N="98">98 <HI>Melior dabit nomen rei.</HI> Husband and wife joynt executors,<NOTE PLACE="marg">22 H. 6. 30.</NOTE> the Writ &s;hall be <HI>executoribus</HI> and not <HI>executrici,</HI> &s;ome convenient proportion of gold or &s;ilver oare &s;hall <HI>give the name</HI> to a myne to be a myne Royall,<NOTE PLACE="marg">Plo. 323.</NOTE> though a great bulk of Tin is. Lether of a &s;ho &s;hal give the owner&s;hip of the threed of I. S.<NOTE PLACE="marg">5 H. 5. 16.</NOTE> u&s;ed in the making to the owner of the leather, and &s;o he &s;hall have all the property.</P>
<P N="99">99 <HI>Magis dignum trahit ad &s;e minus.</HI>
<PB N="90" REF="56"> Charters are put in a box,<NOTE PLACE="marg">14 H. 4. 30. 10 E. 4. 14. 40 H. 6. 18.</NOTE> this alters the nature of the box from a chattel, and now it &s;hall goe to the heir, and it is no felony to &s;teale this box, nor lies a <HI>Capias</HI> of it in detinue.<NOTE PLACE="marg">42 <HI>E.</HI> 3. 13. 29 <HI>E.</HI> 3. 19.</NOTE> See 30. <HI>H.</HI> 6. <HI>Fitz. tit. bar. &s;imile</HI> Where the realtie &s;hall prevail, i&s;&s;ue is, i<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> &s;uch an one was in&s;tituted and inducted,<NOTE PLACE="marg">43 <HI>E.</HI> 3. 13. 22 H. 6. 27.</NOTE> the tryall in this ca&s;e &s;hall be by jury by rea&s;on of the Induction. A man reteins a &s;ervant to &s;erve in all occupations,<NOTE PLACE="marg">38 H. 6. 14.</NOTE> now becau&s;e wager of law doth not lye in ca&s;e of &s;ervice in husbandry if debt is brought for wages,<NOTE PLACE="marg">18. H. 6. 35. 20 H. 6. 32.</NOTE> hee &s;hall wage law in none of them. An action again&s;t two, and the one ought to have priviledge of Chancery, he &s;hall be outed of this and all &s;hall be at the Common Law. A Lea&s;e is of a cham|ber &amp; a bed rendring rent,<NOTE PLACE="marg">21 E. 4. 34. 46 E. 3. 8.</NOTE> in debt for this rent, the defendant &s;hall not wage his law for the bed, becau&s;e the other is <HI>Magis dignum,</HI> and &s;hall rule the other. An ex|change is of Greene Mede for blacke acre, and twenty &s;hillings rent in this ca&s;e all &s;hall be by deed, not that the land is le&s;&s;e worthy, but becau&s;e if it be not by deed it will be void for the rent, and &s;o o|verthrow the exchange for all, See 11 <HI>Report Ca&s;e Auditor Curle</HI> 46 <HI>E:</HI><NOTE PLACE="marg"><HI>Perkins</HI> 50.</NOTE> 3. 8.</P>
<P N="100"><PB N="91" REF="56">100 <HI>Magis continet in &s;e minus.</HI> Plu|rall number compri&s;es the &s;ingular, &amp;c. If a man is bound to pay twenty pound and tender is of that and more it is good. Commons grant tonage and poundage for four yeers the Lords agree for two yeeres, they need not &s;end backe this bill to the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ou&s;e of Commons for their a&s;&s;ent.<NOTE PLACE="marg">33 H. 6. 17.</NOTE> Cu|&s;tome was to grant Copyhold e&s;tate <HI>in feodo,</HI> this implyes that hee may grant for <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ife, &amp;c. <HI>Quare impedit,</HI> in the Regi&s;ter is,<NOTE PLACE="marg">4 Report Ca&s;e Coppyhold. 10 Report 136.</NOTE> <HI>prae&s;entare ad Eccle&s;iam,</HI> by this hee may have <HI>pro tertia parte, &amp;c. Procedendo,</HI> &s;up|po&s;e an A&s;&s;i&s;e before <HI>Stoufe</HI> &amp; <HI>Burton,</HI> Ju|&s;tices, <HI>&amp;c.</HI> and it was al&s;o before <HI>Shard,</HI> &amp; good becau&s;e three implyes two. An a|ction of battery is brought &amp; the evidence for this proves it a <HI>Maihem &amp; bene</HI> becau&s;e it is battry &amp; more.<NOTE PLACE="marg">31 A&s;&s;. 1.</NOTE> A man is re&s;tored to all lands forfeited by his father in fee or tayle, that he hath but for life, &s;hall be re&s;tored.<NOTE PLACE="marg">39 <HI>E.</HI> 3. 20. Plo. 86. 7. 7 H. 7. 13.</NOTE> Exception. Traver&s;e is of a feofme~t by two pleaded, and its found that the Feoffment was by three, It is again&s;t him who pleads this. <HI>Vide</HI> 9 <HI>Report</HI> 52.3.<NOTE PLACE="marg">14 <HI>E.</HI> 4. 1. 6 Report Ca&s;e <HI>Fitzwilliams.</HI></NOTE> Power is given to make lea&s;es for yeeres, &amp;c. Yet he may make one lea&s;e onely.</P>
<P N="101">101 <HI>Modus &amp; Conventio vincant
<PB N="92" REF="57"> legem &amp; Regem &amp; contra.</HI> This rule is a|greed <HI>in Magna Charta. Conventio le|gi deroget,</HI><NOTE PLACE="marg">W. 2. 50.</NOTE> Barreth the Law as the tran&s;|lator hath it. The Law &s;ays <HI>Dyer</HI> will no<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> determine contrary to the agreement o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> the parties,<NOTE PLACE="marg">Dyer 181. 312.</NOTE> and for this cau&s;e where a gif<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> in tayle is, the law &s;ays its to the u&s;e of the Donee, yet by the deed it may be to the u&s;e of the Donor. A rent is granted to one and his a&s;&s;ignees <HI>pro con&s;ilio,</HI><NOTE PLACE="marg">7 Report <HI>Maunds</HI> Ca&s;e.</NOTE> this may now be a&s;&s;igned which without this agreement in the deed could not. And note by this a|greement a man may tye him&s;elf to things out of his power to do, and which, <HI>quo|dammodo,</HI><NOTE PLACE="marg">40 <HI>E.</HI> 3. 6. &amp; 2. Dyer 33.</NOTE> are impo&s;&s;ible &amp; which the law frees a man of by common right. As where a man tyes him&s;elf to repaire, banks which are &s;ubverted by a floud, yet hee is bound to repair them. So to repair a hou&s;e blowne downe by tempe&s;t, which was a good plea in an action of wa&s;te. So where the Le&s;&s;ee tyes him&s;elfe to leave a hou&s;e in &s;o good plight as hee found it, if it was feeble at the time of lea&s;ing and falls down, he &s;hall make a new one, which by law he was excu&s;ed of.<NOTE PLACE="marg">8 <HI>E.</HI> 4. 9.</NOTE> Sheep are letten, &amp; the le&s;&s;ee covenants to render the polls at the end of the terme, he &s;hall do &s;o though
<PB N="93" REF="57"> they dye of the Murrain, &amp;c. The banks may be repaired, the hou&s;e built, new &s;heepe bought,<NOTE PLACE="marg">40 <HI>E.</HI> 3. 2.</NOTE> for to render the poles is the number not the very &s;ame. A man undertakes by covenant to get the good will of &s;uch a woman, or that a beggar &s;hall pay 1000 pounds that &s;uch a field of corne &s;hall grow, &amp;c.<NOTE PLACE="marg"><HI>Perkins</HI> A. 146.</NOTE> that &s;uch a woman &s;hall have a childe, that I. S. &s;hall make a feoffment of his Land, the Law &s;ays the&s;e are po&s;&s;ible, but if the Law &s;ay it is impo&s;|&s;ible, I am not bound by my Covenant, as where it is to leave a Wood in as good plight at the end of the Term &amp; its blown down, &s;o to goe to <HI>Rome</HI> on a day:<NOTE PLACE="marg">Vide Dyer 33.</NOTE> So of the ca&s;e where it's covenanted, &s;uch a me|dow &s;hall not be &s;urrounded, or that &s;uch a hou&s;e &s;hall not bee burnt, and it is by lightning, &amp;c. it &s;eems in neither he &s;hall be bound becau&s;e impo&s;&s;ible: So al&s;o where the matter agreed is again&s;t the Law.<NOTE PLACE="marg">Poulton de Pace Regni, &amp;c. 11. See <HI>Heyburns</HI> Ca&s;e. 14 E. 2. cited in the Ca&s;e of Ship|money. 5 Report 64.</NOTE> A man agrees with I. S. that if hee pay him not 20 pounds, he &s;hall impri&s;on him, &amp;c. though he payes not the money at the time agreed, hee cannot impri&s;on him. So a man agrees to a By-law made to impri&s;on for the penalties, &amp;c. this &s;hall not binde him, Ju&s;tices of a&s;&s;i&s;e held plea of Land in
<PB N="94" REF="58"> another Countie, then their warrant was, and the parties did agree to it, this &s;hall not binde them,<NOTE PLACE="marg">8 A&s;&s;: 16.</NOTE> but if either is put out by execution, <HI>inde, &amp;c.</HI> hee &s;hall have an A&s;|&s;i&s;e.<NOTE PLACE="marg">In&s;titute 1. 146.</NOTE> If parties agree the di&s;tre&s;&s;e &s;hall be irreplegiable, this is void, as again&s;t Law. The Defendant would render the dower at the day in the writ,<NOTE PLACE="marg">18 E. 3. 39.</NOTE> but did forbeare by con&s;ent of the Plaintiffe, yet hee &s;hall bee amerced. The King re&s;erves a rent, and a condition to reenter, if it is demanded and not paid,<NOTE PLACE="marg">7 <HI>E</HI> 6. Dyer 87</NOTE> but becau&s;e the law is, the King need not make any demand, he &s;hall enter without demand, this &s;peciall agreement notwith&s;tanding. So in ca&s;e of incidents which are in&s;eparable by Law, no agree|ment of parties will &s;eparate them,<NOTE PLACE="marg">5 <HI>E.</HI> 4. 8. Ca&s;e <HI>Garter.</HI></NOTE> as where an Annuity is granted for the exer|ci&s;e of an Office, and there is a provi&s;o, if the Office bee taken away, yet the annuity &s;hall continue, if the office is taken away, it &s;hall cea&s;e. See 44 <HI>E.</HI> 3. 19. <HI>&amp;</HI> 36. <HI>bene,</HI> to this purpo&s;e.<NOTE PLACE="marg">F. n. b. 264. D.</NOTE> <HI>Ligat Regem in ca&s;u.</HI> The King makes liverie to his Ward, without excepting that the dower &s;hall be a&s;&s;igned to the wife by him: the King is bound by this and &s;he &s;hal liue the heire in a Writ of dower. The Kings Tenant alieneth part
<PB N="95" REF="58"> of the Land holden, the King may di&s;trein this alienee for the whole rent, and is not bound by the Statute <HI>Quia emptores terra|rum,</HI><NOTE PLACE="marg">F. n. b. 235.</NOTE> but if the alience make a fine with the King for this alienation, then hee &s;hall onely pay his part of the rent.</P>
<P N="102">102 <HI>Nihil dat, quod non habet.</HI> A Tenant for years cannot give &s;ei&s;in of rent i&s;&s;uing out of free hold to maintaine an a&s;&s;i&s;e, becau&s;e him&s;elfe hath not free-hold.<NOTE PLACE="marg">6 Report Ca&s;e <HI>Brediman.</HI></NOTE> Conu&s;ee by fine of a Rever&s;ion bargain, this to I. S. hee cannot di&s;traine, becau&s;e his barganer could not.<NOTE PLACE="marg">5 Report Ca&s;e <HI>Knotford</HI> in Ca&s;e <HI>Malory.</HI> Plo. 281.</NOTE> Rever&s;ion is granted by fine, the grantee di&s;&s;ei&s;e the tenant and infeoff, the le&s;&s;ee enters, this is no attornment here, becau&s;e hee &s;hall not be in better plight then his feoffor: An admini&s;trator cannot have greater proper|ty in goods of the Inte&s;tate, then the <HI>Ordi|narie</HI> him&s;elfe had before, yet by words in the Statute he hath. I&s;&s;ue in tayl being bound by the Statute to pay debts of the Kings when the e&s;tate by alienation &s;hall be di&s;po&s;ed unto anothet, hee &s;hall bee in better ca&s;e,<NOTE PLACE="marg">7 Report Ca&s;e</NOTE> and is not bound to pay the&s;e debts, for the Statute extends not to him, &amp; &s;o is at the co~mon law, in which ca&s;e by death of tenant in tayl the i&s;&s;ue &amp; al under
<PB N="96" REF="59"> him were di&s;charged, &s;o where a cu&s;tome inlarges the power of a Grantee. A Le&s;&s;ee of a Mannor is, excepting the trees, in which Mannor are Copyholds now hee him&s;elf cannot cut trees they are excepted,<NOTE PLACE="marg">8 Report Ca&s;e <HI>Swain.</HI></NOTE> but if he grants a Copyhold, the granted may cut trees by the cu&s;tome which out|&s;trips that Lea&s;e. Upon the &s;ame rea&s;on it is that <HI>Prerogative</HI> of the per&s;on of a Grantee will adde power,<NOTE PLACE="marg">5 Report Ca&s;e <HI>Knight.</HI></NOTE> &amp;c. which the Grantor him&s;elfe had not, as where a rever&s;ion in part is granted to the King he may <HI>enter for condition</HI> broken in this part,<NOTE PLACE="marg">5 Reporr Ca&s;e <HI>Mallory.</HI></NOTE> which the Grantor could not do. The like law is when a man comes in by act in law, as by E&s;cheat, &amp;c. hee may di&s;treine though he who dyed with|out heire could not do &s;o.<NOTE PLACE="marg">19 E. 4. 6.</NOTE> A &s;ubject of the King of <HI>England,</HI> enters bond to a &s;ub|ject of the King of <HI>Spain,</HI> enemy to the King,<NOTE PLACE="marg">22 <HI>E.</HI> 4. 23.</NOTE> it is void to the party, yet the King &s;hall have it and recover the debt which the obligee him&s;elf could not do. The King grants Conu&s;ants of plea in the Mannor of D.<NOTE PLACE="marg">7 H. 4. 1. Fitzh. Prohi|bition. 10.</NOTE> then a new action is given by Statute which was not before, the Grantee &s;hall hold plea of this though it was not in the Grantor. <HI>Vide</HI> 4 <HI>Report</HI> 23.</P>
<P N="103"><PB N="97" REF="59">103 <HI>Nemo bis punietur pro uno deli|cto.</HI> An Eccle&s;ia&s;ticall per&s;on recovers damages in tre&s;pa&s;&s;e,<NOTE PLACE="marg">7 H. 41. Fitzh. prob. ibid. 10.</NOTE> hee &s;hall not be pu|ni&s;hed again in the Eccle&s;ia&s;ticall Court, but this &s;eems <HI>quo ad partem ip&s;am,</HI> but by &s;uit <HI>ex officio</HI> he may, &s;o the partie again&s;t whom damages are recovered in tre&s;pa&s;s may bee fined at the Kings &s;uit upon In|dictment, &amp;c. and &s;o in many ca&s;es, where the wrong trenches upon &s;everall per&s;ons, as a &s;ervant beaten, &s;o in ca&s;e Baylor and Baylee they &s;hall have &s;everall actions. So Di&s;&s;e&s;&s;or and Di&s;&s;e&s;&s;ee renant for life,<NOTE PLACE="marg">10 H. 7. 5. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. 15 E. 4. 25.</NOTE> and he in the remaynder &s;hall puni&s;h the for|ger of fal&s;e deeds. See 40 <HI>E.</HI> 3.11.43. <HI>A&s;&s;.</HI> 9.</P>
<P N="104">104 <HI>Negativum nihil implicat, in a precipe quod reddat.</HI> The tenant wages his law of non-&s;ommons,<NOTE PLACE="marg">22 H. 6. 41. 33 H. 6. 25.</NOTE> this doth not im|ply that he was tenant, nor &s;hall conclude him, others <HI>contra,</HI> one pleads, <HI>ne cha&s;a pas,</HI> in Frank cha&s;e of the Plaintiffe, this is no granting that hee hath a free cha&s;e, but hee mu&s;t prove it. One prayes to be received the demandant &s;ayes that hee hath nothing in rever&s;ion day of Writt purcha&s;ed,<NOTE PLACE="marg">10 E. 3. 20.</NOTE> this doth not inferre that hee had after the writ purcha&s;ed, but if he hath
<PB N="98" REF="60"> hee ought to have mentioned it upon his Prayer.<NOTE PLACE="marg">48 E. 3. 13. 14.</NOTE></P>
<P N="104">104 <HI>Nemo tenetur &s;eip&s;um prodere.</HI> And for this in Ca&s;es criminall he may re|fu&s;e to an&s;wer to matters which tend to prove evidence in this, and if hee deny the matter, it &s;eems no perjurie to be puni&s;hed though hee an&s;wer otherwi&s;e then the truth is, and &s;o Sir <HI>John Walter</HI> held in ea&s;e of an an&s;wer of a defendant in Star-Chamber, hee &s;hould not be charged in this for perjury. Exception. There was a man examined upon oath of goods of the Kings which were devi&s;ed to him,<NOTE PLACE="marg">40 A&s;&s;. 35.</NOTE> and come to the po&s;&s;e&s;&s;ion of the defend<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">nt: and a juror may be examined upon oath if he have &s;ufficient free hold,<NOTE PLACE="marg">12 H. 7. 29.</NOTE> this is no crime, &amp;c.</P>
<P N="105">105 <HI>Negatio duplex e&s;t <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ffirmatio. A di&s;tre&s;&s;e was pro &s;ervitio inf<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">cto.</HI> The defendant &s;ayes,<NOTE PLACE="marg">9 H. 7. 13. Vide Litt. 220.</NOTE> <HI>Quod non fuit inf<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ctum,</HI> and ruled as good a plea, as if hee &s;aid it was done, though <HI>Conisby</HI> &s;aid it was but an argument in ca&s;e of a grant, but it &s;eems &s;uch Logicall curio&s;ity &s;hall not hold to a|void a grant.<NOTE PLACE="marg">In&s;titutes 1. 146.</NOTE> It is &s;aid &s;uch a thing <HI>Non oportet fieri, nec non</HI> &s;uch a thing, though
<PB N="99" REF="60"> &s;uch expre&s;&s;ions are <HI>duplex negatio,</HI><NOTE PLACE="marg">1 H. 7. 21.</NOTE> yet its holden a good negation in Law, and no affirmation.</P>
<P N="106">106 <HI>Ovune e&s;t a defeter cho&s;e ceo ne &s;erra object alue.</HI><NOTE PLACE="marg">42 E. 3. 14. 8 E. 4. 6.</NOTE> One brings a Writt of con&s;piracie to defeate a villenage <HI>cony|onus perfraud</HI> it is no plea that hee is his villaine, &s;o in <HI>libertate probanda.</HI> In er|ror outlarie <HI>pro fine Regis</HI> is pleaded a|gain&s;t him, and holden no plea,<NOTE PLACE="marg">7 H. 6. 44.</NOTE> for hee is to defeate all by this Writ,<NOTE PLACE="marg">6 E. 4. 9. 10.</NOTE> in error for to adnul an outlary, if he is twenty times out|lawed, it &s;hall not &s;top him, but hee may go on with his Writ of error. The hu&s;|band makes a Lea&s;e for life,<NOTE PLACE="marg">7 H. 4. 40.</NOTE> of the land of the wife, rendering rent, and dyeth, the heire of the wife brings a <HI>&s;ur cui in vita,</HI> the Tenant &s;hall not alledge the rever&s;ion, and a&s;&s;ets in the heire for that that he is to defeite this warrantie,<NOTE PLACE="marg">38 E. 3.</NOTE> but note where the colaterall thing to be defeated is a legall bar of the principall right, there it will &s;tay him, as where a writ of errour is brought to rever&s;e a recoverie,<NOTE PLACE="marg">3 Rep. lin. <HI>Col.</HI> Ca&s;e 61. 14. 6 H. 6. 3.</NOTE> and a co|laterall warrantie is pleaded, this war|rantie will bar him of his Writ of er|rour.</P>
<P N="107">107 <HI>Ou cho&s;e fait per implication &s;erra
<PB N="100" REF="61"> bone &amp; contra.</HI><NOTE PLACE="marg">In&s;titutes 1.180.</NOTE> A Letter of Attourney is to two to make liverie and &s;eizin, and the one of them makes liverie the other be|ing pre&s;ent, and nothing &s;aying that is not good, but authority to three bayliffes, and to every of them, and two executes it, this is good becau&s;e it is for the promo|tion of ju&s;tice. A record is <HI>Jurati. ex acti comperuerunt,</HI><NOTE PLACE="marg">1 R. 3. 4.</NOTE> <HI>quorum duodecum &s;uper &s;a|crum &s;uum dicunt, &amp;c.</HI> and doth not &s;ay, <HI>electi, triati &amp; jurati</HI> this is errour though tho&s;e words are implied in the&s;e words, <HI>&s;uper &s;acrum:</HI><NOTE PLACE="marg">4 H. 7. 2.</NOTE> Aid is prayed of the patron and ordinary, which are returned, war|ned and doe not come,<NOTE PLACE="marg">7 H. 7. 11.</NOTE> it is as much in Law as if he had come pleaded, and a&s;&s;en|ted. A former doth not come to &s;ave his default, it is as much in Law as if he had come into Court and &s;aid, that <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ee would not &s;ave his default. In an A&s;&s;i&s;e the She|riffe returns the Baliffe was attached,<NOTE PLACE="marg">48 A&s;&s;. 40.</NOTE> and exception taken becau&s;e the Sheriffe did not &s;ay, the partie could not be found and ruled that it is included, and is well e|nough.</P>
<P N="108">108 <HI>Ou cho&s;e &s;erra, rule per le greinder part de le &s;tate. Di&s;&s;ei&s;ee Relei&s;e</HI> to the di&s;|&s;ea&s;or,<NOTE PLACE="marg">Lit.</NOTE> after he had made an e&s;tate for life,
<PB N="101" REF="61"> his right to this free hold is gone al&s;o.<NOTE PLACE="marg">25 A&s;&s;. 7.</NOTE> A Cogni&s;ee di&s;chargeth the rever&s;ioner, or purcha&s;e, the never&s;ion, the particular e&s;tate is freed al&s;o: Le&s;&s;ee of a Mannour,<NOTE PLACE="marg">14 E. 4. 6.</NOTE> to which a villain regardant (is) the Lord in rever|&s;ion manumits the villain, it &s;eems this &s;hall binde the Tenants for years, Tenant in dower relea&s;es her right to him in re|ver&s;ion upon a lea&s;e for life,<NOTE PLACE="marg">8 Report Ca&s;e <HI>Althams</HI> 151. 9 Report Ca&s;e <HI>A&s;cough.</HI></NOTE> her right is gone even during the <HI>life of the Tenant</HI> for life. A menaltie is granted for life, the remainder in fee to the Tenant, it is extin|gui&s;hed in all: 9. <HI>Report Ca&s;e, A&s;cough &amp; Quiks Ca&s;e ibid.</HI> Land is given in taile, the remainder to the King, the tenant in taile &s;hall hold of none. <HI>Fallit haec regula aliquando.</HI> A. is impleaded who hath nothing in the free hold, fee di&s;cends, this &s;hall not make the writ good,<NOTE PLACE="marg">1 H. 6. 2.</NOTE> but if the rever&s;ion of the fee di&s;cends to the free|hold which he hath pur&s;cha&s;ed, <HI>this makes</HI> the Writ good. A Par&s;on makes a lea&s;e, the Patron who hath the fee &s;imple confirmed, this &s;hall not make this good again&s;t him,<NOTE PLACE="marg">Dyer 133. 7 Report <HI>Com. Bedfords</HI> ca&s;e.</NOTE> hath a grant of the Par&s;onage for yeers, &amp;c. See 2 <HI>Report Beckwiths Ca&s;e, In&s;tit.</HI> 1. 298.</P>
<P N="109">109 <HI>Ouvne&s;erra &s;oujudg, deme&s;ne, pay|ma&s;ter,
<PB N="102" REF="62"> carver,</HI><NOTE PLACE="marg">12 H. 8. 1<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"></NOTE> <HI>&amp;c.</HI> Le&s;&s;or covenants to repaire the hou&s;e, if he doe not the le&s;|&s;ee may pay him&s;elfe of the tent. Gar|dian of a Church, at his own co&s;t repairs the Church, and for amends deteined ten lodes of &s;tones of the pari&s;hioners for which the &s;ucce&s;&s;ors Gardians bring an action of accompt,<NOTE PLACE="marg">37 Eliz. Ca&s;e. <HI>Methold</HI> and <HI>Wing.</HI></NOTE> and adjudge that hee may law|fully deteine them, <HI>aliter</HI> of a &s;ervant Baly, &amp;c. who doe di&s;bur&s;e money, &amp;c. See the ca&s;es of Tailors, Ho&s;tlers, &amp;c. who may de|teine Robe,<NOTE PLACE="marg">8 Report ca&s;e.</NOTE> Hor&s;e, &amp;c. till rea&s;onable &s;a-&s;atisfaction.</P>
<P N="110">110 <HI>Ou Cho&s;e in lieu &s;erra de me&s;me le nature.</HI> Land e&s;cheat to the Lord who is in of the Signiory by di&s;cent,<NOTE PLACE="marg">6 H. 4. placito p<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">imo &amp; Kell 104.</NOTE> &s;o &s;hall hee be of the land, and &s;hall have his age, and if the Signiory was in tayle, &s;o &s;hall the land it &s;elf be, and the Donor of the Sig|niory &s;hall have a <HI>forn<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">don in revertor</HI> if hee dyes without i&s;&s;ue. A fine is acknow|ledged of a Signiory and tenancy e&s;cheate,<NOTE PLACE="marg">46 <HI>E.</HI> 3. 4.</NOTE> a <HI>Scire facias</HI> &s;hall be of this land, and he &s;hall not &s;ay nient compri&s;e, for it &s;hall be &s;aid parcell of the Mannor which comes <HI>in loco.</HI><NOTE PLACE="marg">48 <HI>E.</HI> 3. 11.</NOTE></P>
<P N="111">111 <HI>Parum differunt quae re concor|dant.</HI> A declaration was to have a Faire
<PB N="103" REF="62"> three days,<NOTE PLACE="marg">16 <HI>E.</HI> 2. action of Ca&s;e 47.</NOTE> and ruled that two dayes and two halt days will mayntain this declara|tion. An a&s;&s;i&s;e was brought again&s;t <HI>Ma|jor</HI> and <HI>Comminalty,</HI> and found that the <HI>Major</HI> and <HI>Bailiffs</HI> did the di&s;&s;ei&s;in, but becau&s;e no more was of the Comminalty then the Bailiffs it was held good.<NOTE PLACE="marg">31 A&s;&s;. 39.</NOTE> But note where there is an apt form in the Regi&s;ter, there a man &s;hall not differ from it. A <HI>Precipe quod redd at</HI> is forty and ten acres of land, &amp;c. and the Writ abated,<NOTE PLACE="marg">14 <HI>E.</HI> 2. F. Bre. 816.</NOTE> <HI>quia non fuit quinqu aginta.</HI> The moity of twen|ty &s;hillings and ten &s;hillings is not all one, See <HI>In&s;titute</HI> 3. 131.<NOTE PLACE="marg">In&s;titut. 1. 197.</NOTE> &s;imile in point of pleading. See 17 <HI>E.</HI> 4 3. <HI>Te&s;tamentum &amp; literas te&s;tament arias</HI> all one.</P>
<P N="112">112 <HI>Parols ou voilent amount al act &amp; contra.</HI> A condition of a bond was to permit I. S. to remove his goods, and de|nyal by word to remove them is no breach of this condition, without averring of bolting or locking the doore again&s;t him,<NOTE PLACE="marg">8 Report ca&s;e <HI>Frances.</HI></NOTE> &amp;c But note where its &s;aid generally that &s;uch a one <HI>impedivit,</HI> interrupt or di|&s;turbe, &amp;c. it is good without more as it &s;eems and &s;hall be intended actuall di&s;tur|bance, yet &s;ee 47 <HI>E.</HI> 3. 24. <HI>Contra</HI> that
<PB N="104" REF="63"> he ought to &s;hew &s;ome cau&s;e or act done in his pleading.<NOTE PLACE="marg">5 Report 76. 22 <HI>H.</HI> 6. 17. 45 E. 3. 3.</NOTE> A Commoner &s;aid to the Lord of the &s;oyle that the &s;oyle was his and commanded him to cut no trees, this will not amount to a di&s;&s;ei&s;in.<NOTE PLACE="marg">26 A&s;&s;. 17.</NOTE></P>
<P N="113">113 <HI>Parols &s;ub&s;equent bounded or qua|lified by the precedent,</HI><NOTE PLACE="marg">Dyer 240.</NOTE> <HI>&amp; &egrave; conver&s;o.</HI> A termor covenants that for any act by him done, the a&s;&s;ignee &s;hall enjoy again&s;t every man, this is no <HI>ab&s;olute Covenant</HI> that he &s;hall enjoy. A bond to make &s;uffici|ent e&s;tate as <HI>A</HI> &s;hall devi&s;e, the&s;e la&s;t words take off the vigour of the former for the condition is well performed though the e&s;tate he makes be in&s;ufficient,<NOTE PLACE="marg">5 Report 23.</NOTE> if <HI>A</HI> de|vi&s;e this.<NOTE PLACE="marg">Pa&s;c. 4. <HI>Car.</HI> Lady <HI>Smiths</HI> Ca&s;e.</NOTE> A Covenant is to &s;urrender upon reque&s;t, and to permit <HI>A</HI> to take the pro|fits, the <HI>word reque&s;t</HI> doth not goe to the latter clau&s;e,<NOTE PLACE="marg">4 Report Ca&s;e <HI><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">enill.</HI></NOTE> and he may take them with|out reque&s;t. Actuall &s;ei&s;in and po&s;&s;e&s;&s;ion &s;poken of the word actuall goes to the fir&s;t onely. <HI>Soillicet Sei&s;in, vide</HI> 49 <HI>E.</HI> 3. 16. 4 <HI>Report, Ca&s;e Palmer.</HI></P>
<P N="114"><NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">9 H. 6. 9.</NOTE>114 <HI>Parolx font plea.</HI> The condi|tion of a bond is if the Obligor <HI>do not pay,</HI> that then the bond &s;hall be void, &s;o it is that the Obligee &s;hall pay, &amp;c. both are
<PB N="105" REF="63"> good and &s;hall &s;tand, and it is his folly, &amp;c. And not like the ca&s;e where the <HI>&s;olvendum</HI> was <HI>to the Obligor,</HI><NOTE PLACE="marg">4 E. 4. 29.</NOTE> for this may be omit|ted and is void, <HI>Ergo</HI> it &s;hall not hurt. A Bond was made T. T. Sheriffe of W. in <HI>Com. perdict. pro praedict.</HI><NOTE PLACE="marg">Trin. 21. Iac. Ca&s;e <HI>Nowel.</HI> in <HI>B.</HI> Roy.</NOTE> &amp; ruled nought for the &s;en&s;le&s;ne&s;&s;e of the word <HI>perdict.</HI> but for <HI>parolls font</HI> plea, <HI>Vide placit hic</HI> 151.</P>
<P N="115">115 <HI>Poena aptabitur damno.</HI> If a &s;tranger commit wa&s;te in my land by which I lo&s;e treble damages,<NOTE PLACE="marg">44 E. 3. 27.</NOTE> In tre&s;pa&s;&s;e again&s;t him damages &s;hall be recovered treble.<NOTE PLACE="marg">9 Report Ca&s;e <HI>Hu&s;&s;ie.</HI></NOTE> Offence again&s;t a &s;tatute &s;hall be puni&s;hed as that &s;ays, and &s;o at the com|mon Law as that directs.</P>
<P N="116">116 <HI>Poena &s;ine culpa.</HI> A&s;&s;i&s;e is again&s;t husband and wife,<NOTE PLACE="marg">7 H. 7. 2.</NOTE> and &s;hee &s;ole did the wrong, and there is no <HI>other forme,</HI> Yet the plaintiffe &s;hall be amerced as to the husband for naming him that did nothing and yet he cannot help it.</P>
<P N="117">117 <HI>Poena delictum &s;uper abit.</HI><NOTE PLACE="marg">40 E. 3. 6.</NOTE> A man lets hou&s;es in decay at the time of letting and they are burnt by his negligence, hee is bound to make them new. <HI>A.</HI> had re|covered <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">orty &s;hillings if the Sheriffe had made his returne by a legall officer, in an action upon the ca&s;e for this,<NOTE PLACE="marg">38 A&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. 13.</NOTE> he &s;hall reco|ver
<PB N="106" REF="64"> again&s;t the Sheriff twenty Marks.</P>
<P N="118">118 <HI>Particeps criminis &amp; non poena.</HI> Tenant by entire &s;ervice cea&s;eth, the Lord recovers in this part the ce&s;&s;or was,<NOTE PLACE="marg">6 Report Ca&s;e <HI>Bruerton.</HI></NOTE> by this he &s;hall lo&s;e his entire Signiory, and the tenant &s;hall have benefit by it. Husband &s;ei&s;ed of land in right of his wife &s;owes the land,<NOTE PLACE="marg">5 Report <HI>Olands</HI> ca&s;e.</NOTE> and after he him&s;elfe &s;ues a divorce, <HI>Cau&s;a praecontractus,</HI> yet he &s;hall have the Crop.</P>
<P N="119">119 <HI>Poena tollitur cum culpa, vel &s;e|quitur culpam.</HI><NOTE PLACE="marg">14 H. 6. 26.</NOTE> The King pardons all a|lienations, the fine due by this is al&s;o pardoned,<NOTE PLACE="marg">5 Report 49.</NOTE> if a contempt is pardoned, the amercement al&s;o is.</P>
<P N="120">120 <HI>Propo&s;itio hypothetica taken Cate|gorice.</HI> I &s;ay to I. S. if hee will beat mee I will beat him,<NOTE PLACE="marg">37 H. 6. 20. aut co circiter.</NOTE> and this without any pro|voking words, this is a menace and an a&s;|&s;ault,<NOTE PLACE="marg">37 H. 6. 28.</NOTE> and the if is idle. Admini&s;tration is committed to two, and the one being pre&s;ent &s;ays, that he will take the admini|&s;tration upon him (if the other will agree) hee is admini&s;trator pre&s;ently till the other di&s;agree. One &s;ays to I. S. if thou go to <HI>London,</HI> thou art an arrant T<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">iefe, it &s;eems the&s;e words are actionable, and &s;hall be taken ab&s;olute. The defendant in action
<PB N="107" REF="64"> of batterie and menace, &amp;c. ju&s;tifies thus, he &s;aith that if the tenants of &s;uch lands will kill or maime him,<NOTE PLACE="marg">10 <HI>E.</HI> 4. 6.</NOTE> hee will him&s;elfe defend, and will rather beat or maime them then they &s;hall him,<NOTE PLACE="marg">3 Car. in b. Roy <HI>Corbols</HI> ca&s;e.</NOTE> and this holden a good ju&s;tification. I will prove him perjured if hee will ju&s;tifie his an&s;wer in Chancery an action lies.</P>
<P N="121">121 <HI>Principio non valens tractu tem|poris non convale&s;cit.</HI><NOTE PLACE="marg">21 A&s;&s;. 2.</NOTE> A high way is gran|ted to mee, to B. acre where I have no free hold in it, albeit after this grant I purcha&s;e B. acre, this &s;hall not make the grant good. A &s;uit is begun in <HI>London</HI> for the &s;ame matter,<NOTE PLACE="marg">14 H. 7. 7. 39 H. 6. 12.</NOTE> for which a &s;uit is depending in the common place, this is ill begun in <HI>London,</HI> now a non&s;uit after in that in the com|mon place &s;hall not amend that in <HI>Lon|don,</HI> or make it of any validity.<NOTE PLACE="marg">10 Report 62.</NOTE> A Bi&s;hop makes a Lea&s;e for foure lives, and one of the men for who&s;e life, dies in the life of the Bi&s;hop,<NOTE PLACE="marg">21 H. 6. 46. 4 Report Ca&s;e <HI>Herla:</HI></NOTE> this &s;hall not make it a lea&s;e for three lives within the Statutes, 32 <HI>H.</HI> 8. and 1 <HI>Eliz. vide ad idem</HI> 11 <HI>Report Ca&s;e,</HI> Auditor <HI>Curle,</HI> &amp; 4 <HI>Report Druries Ca&s;e.</HI> A man lea&s;es land for life, and then grants the trees which grow there, this &s;hall not be a good grant after the Le&s;&s;ee dies. I &s;ell
<PB N="108" REF="65"> a hor&s;e to I. S. upon condition to pay 40. &s;hillings at Michaelmas next, and before this day I &s;ell him to another, the fir&s;t ven|dee failes of payment,<NOTE PLACE="marg">Plo. 432.</NOTE> by which I re&s;ei&s;e the hor&s;e, this will not make the &s;econd &s;ale to be of force. Debt in the Stanneries is brought again&s;t an heire, which is not maintainable there by Law, now though he pleade a fal&s;e plea,<NOTE PLACE="marg">9 <HI>Car.</HI> in b. Roy <HI>Smiths</HI> cale:</NOTE> by which his goods are chargable there, this will not affirme their juri&s;diction.<NOTE PLACE="marg">4 Report Ca&s;e <HI>Rowlins.</HI></NOTE> <HI>Exception</HI> this rule fails in things which have <HI>operation by e&s;toppel,</HI> as if I let B. acre by deed indented, in which I have nothing if I purcha&s;e this af|terward it is a good Lea&s;e.<NOTE PLACE="marg">9 H. 4. 1. Vide 8 E. 3. 24</NOTE> So in ca&s;e of ju|&s;tice, one makes a return w^c^h is no Sheriffe but afterward the Sheriffe avowes it was done by his Officer, this is good now. Re|caption lies not upon a repti&s;all of a di|&s;tre&s;&s;e in ca&s;e a Replevin was &s;ued in a Mannor or Liberty,<NOTE PLACE="marg">F. N. B. 73.</NOTE> and not in the Coun|tie, yet if it be removed this writ now is maintainable. The &s;ame Law is where the impediment is removed, tenant in taile is the remainder in taile of the grant of the King. Tenant in taile acknowledges a fine,<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Report Ca&s;e Lord <HI>Stafford.</HI></NOTE> or &s;uffers a recovery it &s;hall not binde but if after the rever&s;ion is put out of the
<PB N="109" REF="65"> Crown it will binde. Tenant for life in|feffs him in remainder, in taile and his wife,<NOTE PLACE="marg">41 A&s;&s;. 2.</NOTE> this is no forfeiture or di&s;continu|ance, becau&s;e if &s;hee die fir&s;t it will bee a &s;urrender, but if &s;hee &s;urvive a forfeiture. This rule failes al&s;o by long continuance of time, as where a man pre&s;cribes to have a rent by di&s;tre&s;&s;e, &amp;c.<NOTE PLACE="marg">1<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> E. 4. 4.</NOTE> It is no plea to &s;ay it was always payed by coher&s;ion of di|&s;tre&s;&s;e, albeit it was begun by wrong, &amp;c.</P>
<P N="122">122 <HI>Principio valens tractu temporis non devale&s;cit.</HI> A man &s;ays to me &s;ee you I. S. I will kill him I may him hold,<NOTE PLACE="marg">9 E. 4. 16.</NOTE> and I &s;hall be excu&s;ed of this impri&s;onment, though hee repent him, one makes a lea&s;e which is good, now by alteration, &amp;c. it &s;hall never come to be forgery.</P>
<P N="123">123 <HI>Principio dato &s;equitur concomi|tans, &amp; &s;it &s;ublato.</HI> I have a Mannor in which is a Park and Fi&s;h-pond,<NOTE PLACE="marg">11 Report <HI>Lifords</HI> Ca&s;e.</NOTE> I lea&s;e this excepting the game, &amp;c. And after I grant the Rever&s;ion, the Deere and Fi&s;h &s;hall pa&s;&s;e as attendants. If a &s;tatute now made gives an action in ca&s;e none lay be|fore, the &s;ame Proce&s;&s;e Judgement, and Execution &s;hall be,<NOTE PLACE="marg">10 H. 7. 10.</NOTE> as in the &s;ame action was in other Ca&s;es, where it lay before at
<PB N="110" REF="66"> the Common Law, albeit this &s;tatute doe not &s;ay any &s;uch thing. He which takes up|on him to grant a Rent,<NOTE PLACE="marg">5 Report 21.</NOTE> it &s;hal be by deed, and hee &s;hall tender a Deed for that pur|po&s;e without any agreement for it. A bond is to a Sheriffe to di&s;charge him of the re|turne of an Exigent, he &s;hall di&s;charge him of all. Concomitants and therefore though he return him <HI>languidus in pri&s;ona,</HI> which di&s;charges him.<NOTE PLACE="marg">18 E. 4. 21.</NOTE> If after di&s;tre&s;&s;e <HI>ad ha|bendum corpus,</HI> goe forth to the new She|riffe, and the old Sheriffe is di&s;treined to the value of twenty pence, which is forfeit, now the Obligor hath failed of his promi&s;e. Cau&s;e of appeal is pardoned, and after an Exigent goes out, now the goods &s;hall be &s;aved which otherwi&s;e by award of the Exigent were forfeited,<NOTE PLACE="marg">45 A&s;&s;. 9.</NOTE> becau&s;e the principall was pardoned.</P>
<P N="124">124 <HI>Prae&s;umptioni &s;tabitur donec probe|tur in contrarium.</HI> Unity at the time of the di&s;&s;olution di&s;charges tythes upon the &s;ta|tute,<NOTE PLACE="marg">Michel. 40. &amp; 41 Eliz.</NOTE> but this is upo~ pre&s;umptio~ of pre&s;crip|tion, &amp;c. Now if it appeare upon evidence, that part of the Ma~nor was in leas &amp; paid tythes, this di&s;proves the pre&s;umption, yet the re&s;idue of the Ma~nor &s;hal be di&s;charged of tithes. A man purcha&s;eth land of I. S.
<PB N="111" REF="66"> who is impleaded in a <HI>precipe quod reddat,</HI><NOTE PLACE="marg">50 A&s;&s;. 3.</NOTE> the law pre&s;umes him to be a Champerror without &s;hewing hee was &s;o till he may prove it otherwi&s;e.</P>
<P N="125">125 <HI>Qui tacet con&s;entire videtur.</HI><NOTE PLACE="marg">27 A&s;&s;. 3. Vide placito 4</NOTE> He which is pre&s;ent at the actuall killing of a man, and puts not debate &s;hall be adjudg|ed a&s;&s;enting. A Writ is again&s;t foure, two wage their Laws of non &s;ummons,<NOTE PLACE="marg">8 H. 6. 36.</NOTE> the o|ther two &s;ay nothing, it is &s;o &s;trong an im|plication of jointenancie that they cannot deny it afterward, The Ordinary makes an appropriation to the Patron,<NOTE PLACE="marg">Plo. ca&s;e. <HI>Grendon.</HI></NOTE> it &s;hall be &s;aid made by his a&s;&s;ent, <HI>vide Dyer</HI> 62.</P>
<P N="126">126 <HI>Qui&s;entit commodum &s;entire de|bet &amp; onus.</HI><NOTE PLACE="marg">37. A&s;&s;. 10. F. Bar. 305.</NOTE> He which hath any benefit of a river &s;hall be charged with the &s;cowring of it,<NOTE PLACE="marg">5 Report Ca&s;e <HI>Dean.</HI> of <HI>W.</HI></NOTE> upon this rea&s;on it is that the a&s;&s;ignee is chargeable in covenant to repair, though he is not named. A man grants a rent which is behinde, after he grants the land to another,<NOTE PLACE="marg">11 H. 4. <HI>ultimo</HI> 4 Report <HI>Og|nels</HI> ca&s;e.</NOTE> the grantee dies he which took the profits when the rent Became arreare &s;hall pay it, See 20 <HI>E.</HI> 4. 10. 12, 18. 26 <HI>E.</HI> 3. 64, 30. I reteine Coun&s;ell for one,<NOTE PLACE="marg">30 H. 6. 9.</NOTE> he &s;hall pay the fee and not I.</P>
<P N="127">127 <HI>Qui &s;entit onus &s;entire debet &amp; commodum.</HI> This the rea&s;on if a feffment is
<PB N="112" REF="67"> upon conditio~&punc;<NOTE PLACE="marg">1 Report ca&s;e <HI>Shelley</HI> 99. 9 H. 7. 25.</NOTE> if the feffor or his heirs pay ten pounds before Michaelmas that they &s;hal re-enter the father hath i&s;&s;ue a daugh|ter and dies, his wife being with childe of a &s;onne, the daughter paies the money, &s;he &s;hall hold the land. The husband and wife &s;uffer a recoverie of land of the hu&s;|band,<NOTE PLACE="marg">Plo. ca&s;e, <HI>Eare</HI> and <HI>Snowe.</HI></NOTE> and they vouch and have judgement to recover in value, the husband dies, the wife &s;hall have nothing of the intended re|compence in this ca&s;e, for &s;hee lo&s;t no|thing.</P>
<P N="128">128 <HI>Qui per aliud facit per &s;e ip&s;um facere videtur.</HI> An annuity is granted till he is promoted to a benefice by the gran|tor and his heirs in a Writ of annuity,<NOTE PLACE="marg">33 E. 1. anty 51</NOTE> he &s;hews the plantiffe was promoted by his mother at his reque&s;t and <HI>bene.</HI><NOTE PLACE="marg">19 H. 6. 8.</NOTE> In tre&s;|pa&s;&s;e again&s;t A. and the evidence is that B &s;truck me by his incitation and <HI>bene.</HI><NOTE PLACE="marg">1 Report Ca&s;e <HI>Fro&s;t.</HI></NOTE> A Baily are&s;ts mee, he may &s;hew the She|riffe did the arre&s;t.<NOTE PLACE="marg">39 H. 6. 42. Dyer 241.</NOTE> A Re&s;coufe is made to the &s;ervant of an officer, he may return the re&s;cou&s;e made to him&s;elfe. An Abbot pre&s;cribes to hold land di&s;charged of pay|ment of tithes <HI>dum propriis manibus,</HI><NOTE PLACE="marg">20 Eliz. Dyer. 277.</NOTE> <HI>ex|colitur</HI> if it be tilled by his &s;ervants, it is within the pre&s;cription, outre with my
<PB N="113" REF="67"> bea&s;ts is my entre, and &s;o he &s;hall declare, <HI>Quare clau&s;um fregit, vide</HI> 15 <HI>E.</HI> 4. 24.<NOTE PLACE="marg">21 H. 6. 5.</NOTE> 21 <HI>E.</HI> 4. 16. 44 <HI>E.</HI> 3. 44. 12 <HI>H,</HI> 7. <HI>Kellow, Placito</HI> 7.<NOTE PLACE="marg">42 E. 3. 23.</NOTE> But note this exception where it is matter of authority, it is otherwi&s;e, he mu&s;t doe it him&s;elfe.</P>
<P N="129">129 <HI>Qui remedio de&s;tituitur reip&s;a va|let, &s;iculpa ab&s;it.</HI><NOTE PLACE="marg">6 Report 63.</NOTE> Upon this rea&s;on it is that he who hath a rever&s;ion by way of u&s;e which is executed by 27 <HI>H.</HI> 8. &s;hall a vow, have wa&s;t, &amp;c. without attorn|ment. Upon the &s;ame rea&s;on tenancie by curte&s;ie, &s;hall be of a rent before &s;ei&s;m,<NOTE PLACE="marg">3 H. 7.</NOTE> To make the obligor executor,<NOTE PLACE="marg">8 E. 4. 3.</NOTE> is a relea&s;e in law becau&s;e he cannot relea&s;e to him&s;elfe, <HI>vide</HI> 7 <HI>H.</HI> 7. 11. <HI>fallit regula.</HI> A par&s;on pays an annuity, and takes an acquittance, the &s;ucce&s;&s;or &s;hall not have this, &amp; yet his plea of payment is not good without it.<NOTE PLACE="marg">44 E. 3. 12.</NOTE></P>
<P N="130">130 <HI>Qui magis Scit &amp; pote&s;t de eo magis requiritur.</HI> If a &s;tranger is to plead that &s;uch a one hath to name <HI>John Abbot</HI> of <HI>Ram&s;ey,</HI> it is &s;ufficient,<NOTE PLACE="marg">1 E. 4. 7.</NOTE> but if the Abbot him&s;elfe was to plead &s;uch a plea, he &s;hall &s;hew how his name is &s;o, &amp;c. See 13 <HI>H.</HI> 7. 19.</P>
<P N="131">131 <HI>Quicquid &s;olo &s;uper&s;truitur &s;olo cedet.</HI> And therefore if one build upon
<PB N="114" REF="68"> my land or plant trees they are mine. Ex|ception if my water by long continuance of time by little and little imperceptibly wear,<NOTE PLACE="marg">22 A&s;&s;. 93.</NOTE> and &s;o run upon your ground, yet it is mine and not his upon who&s;e ground it runs.</P>
<P N="132">132 <HI>Quicquid remittitur fieri aequat facto.</HI> A deed is delivered into equall hands, to be delivered to I. S. upon cer|tain conditions,<NOTE PLACE="marg">14 H. 6. 11.</NOTE> the conditions are broken, but he that was party to the delivery doth relea&s;e the conditions, now it's all one as if they had been performed,</P>
<P N="133">133 <HI>Quae non pro&s;unt &s;ingula juncta juvant.</HI> Tenant for life in remainder &s;hall not puni&s;h wa&s;t nor have a Writ of right,<NOTE PLACE="marg">F. N. B. 30.</NOTE> but if he joyne with him hath the fee, hee &s;hall have both. Le&s;&s;ee for years grants part of his terme, and both joyne in a &s;ur|render,<NOTE PLACE="marg">14 H. 7. 4.</NOTE> this is a good &s;urrender, which &s;e|verally was not good.</P>
<P N="134">134 <HI>Quod nece&s;&s;ario intelligitur non dee&s;t.</HI> A fine with proclamation is plea|ded, and he &s;hews that <HI>termino pa&s;che,</HI> 30 <HI>H.</HI> 8. So many proclamations were and <HI>termino. Trin.</HI> 4. proclam: and Michael|mas term 30 <HI>H.</HI> 8.<NOTE PLACE="marg">7 Eliz. Dyer 234.</NOTE> other foure, and excep|tion was taken that no terme was added
<PB N="115" REF="68"> to trinity, but ruled &s;ufficient becau&s;e it is added <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">o Ea&s;ter and Michaelmas <HI>&amp; nece&s;|&s;ario &s;ub intelligitur</HI> to the other</P>
<P N="135">135 <HI>Quod non capit di&s;cus <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">apit fi&s;cus.</HI> The appellee in robbery di&s;claims in the goods, and after is acquitted,<NOTE PLACE="marg">12 <HI>E.</HI> 4. 5.</NOTE> the King &s;hall have them, money is to be paid to I. S. who dies without heirs or extor,<NOTE PLACE="marg">48 E. 3. 31. The Earle of <HI>Marches</HI> ca&s;e.</NOTE> and &s;e|que&s;tration was, &amp;c. It is &s;aid the King &s;hall have this money.</P>
<P N="136">136 <HI>Ratio dicti minus valet quam di|ctum ubi differunt.</HI> A Bi&s;hop certifies ba|&s;tardie, and indorces the rea&s;on of it, be|cau&s;e the husband was beyond the Seas &s;even years,<NOTE PLACE="marg">38 A&s;&s;. 1<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"></NOTE> the certificate is good of the ba&s;tardie, and the rea&s;on of it reje|cted.</P>
<P N="137">137 <HI>Relations.</HI> It is a fiction in Law u&s;ed to &s;everall nece&s;&s;ary purpo&s;es, &s;om|time to make a nullity of a thing <HI>ab initio,</HI> which had an <HI>e&s;&s;e</HI> to certain purpo&s;es, and for other nece&s;&s;ary u&s;es in the Law.</P>
<P N="138">138 <HI>Relatio &amp; non ad ultimum.</HI> A Writ is brought of re&s;cuing his goods, and denying to pay toll, <HI>contra pacem, &amp;c.</HI> This &s;hall refer to the Re&s;cou&s;e and not to the toll.<NOTE PLACE="marg">30 E. 3. 17.</NOTE> Note where the thing is vain to
<PB N="116" REF="69"> which the relation &s;hould be, as place &amp;c. there reference &s;hall not be ad <HI>ultimum.</HI><NOTE PLACE="marg">30 H. 6. 32 <HI>H.</HI> 6. 17.</NOTE> in that kinde, where the place was not put <HI>pro loco,</HI> but for another purpo&s;e. A carve of land is in demand, medow, wood, and rent, &amp; an exception comes after all,<NOTE PLACE="marg">6 <HI>E.</HI> 3 42.</NOTE> <HI>for&s;tries</HI> to Acres&punc; this exception goes to the Land, A demand is by Writ <HI>quod reddat manerium de W.</HI> &amp; two acres of land, <HI>c<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">m pertinentiis in</HI> Cliderow, t<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">is <HI>cum pertinentiis</HI> &s;hal be referred to the Mann<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">r,<NOTE PLACE="marg">6 <HI>E.</HI> 3. 12. Sir <HI>Adam de Cliderows</HI> ca&s;e. 17 <HI>E.</HI> 3 26 77. 1 A&s;t. 15.</NOTE> bough it is in ano|ther Town then Cliderowes the &s;ame Law is where &s;everall Lands in &s;everall Towns are in demand <HI>precip<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">, &amp;c. &amp; interim me&s;|&s;uagia illa torras pratareditus, &amp;c: illa</HI> refer to all,<NOTE PLACE="marg">1 H. 6. 23. Plo <HI>Crofts</HI> ca&s;e.</NOTE> A bond is made to A, B, and C, Yeomen, this goes to all three <HI>de&s;trirgas</HI> M.<NOTE PLACE="marg">4 H. 6. 3. Dyer 45.</NOTE> <HI>quae fuit uxor</HI> T. S. <HI>de Marton Davie,</HI> this addition of place refers to M. A declaration was of a thing done at M. <HI>juxta Ston in Com. Northampton,</HI> and af|ter the defendant at <HI>Ston, in Com. predict.</HI> a&s;&s;ume &amp;c. <HI>Warwick</HI> was in the Mar|gent, and <HI>Ven. fac.</HI> went to the Sheriff of <HI>War:</HI> and tried there, and judgement was &s;tayed for that <HI>Northampton</HI> was the la&s;t Town and County named, and the rule
<PB N="117" REF="69"> given that reference for the mo&s;t part is to be <HI>ad proximum antecedens,</HI><NOTE PLACE="marg">M. 35 Eliz. Ca&s;e <HI>Child</HI> and <HI>Towers.</HI></NOTE> though it is ab&s;urd, or will orethrow a verdict, &amp;c. See <HI>Plo. Adams ca&s;e.</HI> 6. exception. 9 <HI>Rep.</HI> 27 5 <HI>E</HI> 4. 126. <HI>F N. B.</HI> 2 <HI>D.</HI> 18 <HI>H.</HI> 8. 1. 6. <HI>Rep.</HI> Sir <HI>H. Finches ca&s;e.</HI></P>
<P N="139">139 <HI>Relation will rectifie incertainties in place time, mea&s;ure, &amp;c.</HI> A condition of a bond was to di&s;charge him of &s;uch a rent again&s;t R.<NOTE PLACE="marg">18 <HI>E.</HI> 3. ff. harr<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> 247.</NOTE> &amp; al&s;o to pay his area<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">s incurred before Michaelmas next both &s;hall be be|fore Michael. by relation to this &s;ub&s;equent word Michaelmas. A Lea&s;e is of W. acre &amp; rent to be paid at D. upon the fea&s;t of S^t. <HI>Michael,</HI> and if it is behinde by 40 daies to reenter,<NOTE PLACE="marg">Plo. 70. <HI>Kidwallies</HI> ca&s;e.</NOTE> though no pl<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ce is appointed where it &s;h<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ll be paid at the 40 dayes end, it &s;hall be referred to D. Con<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ition of a bond is to make a lea&s;e before Michael|mas to the Obligee for 31 years, if A will a&s;&s;ent, and if not, then for 21 years,<NOTE PLACE="marg">18 Eliz. Dyet 347.</NOTE> A will not a&s;&s;ent the lea&s;e for 21 years ought to be made before Michaelmas. Affi&s;e of the moitie of a hou&s;e, a carve of Land, and 40 &s;hillings rent, and ruled onely a moity of all is in demand.<NOTE PLACE="marg">24 A&s;&s;. 7.</NOTE> A man grants ten acres of his land in D. <HI>&s;imul cum commu|nia
<PB N="118" REF="70"> po&s;ture in omnibus terris &s;uis,</HI><NOTE PLACE="marg">6 A&s;&s;. 3</NOTE> This &s;hall be in D. onely, and not charge his lands el&s;ewhere.</P>
<P N="140">140 <HI>Relation &s;hall make things have been,</HI><NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> H. 7. 16.</NOTE> <HI>as if they never had been.</HI> The hu&s;|band di&s;agrees to a feffment made by his wife, it is void <HI>ab initio,</HI> &s;o that he may plead <HI>ne infeffa pas,</HI> A devi&s;e is that execu|tors may &s;ell land, &amp;c. when they &s;ell all mean charges made by the heire in the interim &s;hall be avoided by relation to the time of the death of the te&s;tator.<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> H. 7. 1 H. 8. 10.</NOTE> I di&s;&s;e&s;e A. to the u&s;e of B. the di&s;&s;ei&s;ee releas to me, and then B. agrees, this agreement by rela|tion &s;hall be as if he had agreed before the relea&s;e,<NOTE PLACE="marg">14 H. 8. 18.</NOTE> and &s;o &s;hall defeate it. Jurors a|lien their Land away between the te&s;te of the writ of attaint and judgement, yet they &s;hall be charged to the King for the e&s;trepment by relation.<NOTE PLACE="marg">12 E. 3. 26.</NOTE> Cau&s;e of a&s;&s;i&s;e brought was for re&s;cuing a di&s;tre&s;&s;e taken for rent, and then an office is found which intitles the King, who &s;ei&s;es the Land, and then an <HI>ou&s;ter le main</HI> is &s;ued, the a&s;&s;i&s;e is gone for ever, becau&s;e the King &s;hall bee &s;aid in po&s;&s;e&s;&s;ion at the time of the re&s;cous by relation of this office,<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">1 A&s;&s;. 1.</NOTE> upon who&s;e po&s;|&s;e&s;&s;ion
<PB N="119" REF="70"> no di&s;tre&s;&s;e could be made. <HI>See Plo.</HI> 281. 10 <HI>H.</HI> 7. 18.</P>
<P N="141">141 <HI>Relation to defeat a thing, &s;hall be intent a ad unum</HI> Husband and wife te|nants in tail,<NOTE PLACE="marg">3 Report Ca&s;e <HI>Butler</HI> and <HI>B.</HI></NOTE> &s;hee brings dower after his death, this un&s;etleth the e&s;tate was joynt in them two, but &s;hall not have relation to defeat a Rever&s;ion granted by the rever|&s;ioner Atournament makes the &s;ervices pa&s;t <HI>ab initio,</HI><NOTE PLACE="marg">48 E. 3. 16. 11 H. 7. 8.</NOTE> yet nothing of the arrears &s;hall be paid in prejudice of the tenants which are third per&s;ons. The Lord is in|titled to the marriage of an heire of the di&s;&s;ei&s;ee, the heire relea&s;e to the di&s;&s;e&s;&s;or, hee is in now from the time of the fir&s;t di&s;&s;ei&s;en of a good e&s;tate,<NOTE PLACE="marg">7 H. 6. 12.</NOTE> but this &s;hall not hurt the Lord of his Ward&s;hip, &amp;c. An infant is infeoffed and di&s;agree, this de|feats it <HI>ab initio,</HI> as to him&s;elfe to avoid all dammages,<NOTE PLACE="marg">3 Report Ca&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <HI>Butler</HI> and <HI>B.</HI></NOTE> but not to make a void gift by his feffor good: a remainder is limited to the King, and before inrolment of the deed he grants this over,<NOTE PLACE="marg">Ibib.</NOTE> and then the deed is inrolled, this will not make the grant good.</P>
<P N="142">142 <HI>Relation will yeeld to nece&s;&s;ity.</HI> The husband is e&s;&s;oyned, and at the day
<PB N="120" REF="71"> fails to bring in his warrant, or doth not appear, the judgement &s;hall relate to the time of the protection,<NOTE PLACE="marg">2 <HI>E.</HI> 4. 17. 21 A&s;&s;. 17.</NOTE> or e&s;&s;oign ca&s;t, &amp;c. yet his wife may bee received for no time covenable was before to pray to be recei|ved untill default, &amp;c.</P>
<P N="143">143 <HI>Relation &s;hall not be to take away things collaterall, &amp;c.</HI> Tre&s;pa&s;&s;e is made to A. and after his e&s;tate is defeated by condition performed or Act of Parlia|ment,<NOTE PLACE="marg">4 H. 7. 11.</NOTE> this &s;hall not relate to take away his action ve&s;ted,<NOTE PLACE="marg">3 Report Ca&s;e <HI>Butler</HI> and <HI>Ba|ker.</HI></NOTE> &amp;c. A bond is delivered to my u&s;e, I di&s;agree this &s;hall now loo&s;e his force from the time of the di&s;agreement onely.</P>
<P N="144">144 <HI>Relatio ad principium, &amp;c.</HI> Le&s;|&s;ee for yeers is bound to I. S. to make to him the be&s;t e&s;tate he can,<NOTE PLACE="marg">12 H. 8. 5.</NOTE> and afterward the rever&s;ion, or relea&s;es to him, the le&s;|&s;ee &s;hall be di&s;charged of the bond if hee grant the e&s;tate he had at the bond make|ing. E&s;tranger abates, after the death of the father,<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">1 <HI>E.</HI> 4. 60.</NOTE> the &s;on dyes his wife &s;hall not have dower for this abatement &s;hall relate to the death of the father.<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> E. 4. 33. 8 H. 6. 22.</NOTE> Admini&s;tratour <HI>de &s;on tort</HI> takes letters of admini&s;trati|on, this &s;hall relate to the death of the
<PB N="121" REF="71"> Inte&s;tate. An E&s;crow is delivered by a feme &s;ole,<NOTE PLACE="marg">14 <HI>E.</HI> 4. 2. 21 H. 6. 3 Report ca&s;e. <HI>Ionnings</HI> and <HI>B.</HI> 33 H. 6. 17. 1 Report 199.</NOTE> if &s;he marry or dye yet by re|lation it &s;hall be good. An Act of Parlia|ment hath relation to the fir&s;t day of the Se&s;&s;ion. Pre&s;entment <HI>tempore belli</HI> is not good to gain po&s;&s;e&s;&s;ion, though ind<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ction was <HI>in tempore pacis,</HI> a blow given in time of <HI>in &s;ane memory,</HI> though he dye when of &s;ane memory it is not capitall. Sale of goods is out of the market, and after they are brought into the market and delivered there, yet it relates to the fir&s;t &s;ale, &amp;c.<NOTE PLACE="marg">1 Mar. Dyer. 99.</NOTE> and &s;o takes away no property of an E&s;tran|ger.</P>
<P N="145">145 <HI>Relation to time&punc; place, &amp;c.</HI> In ca&s;e of atteindor by verdict in felony, It &s;hall relate to the time of the fact done,<NOTE PLACE="marg">30 H. 6. 5.</NOTE> of outlary it is otherwi&s;e, but in ca&s;e of trea|&s;on outlary &s;hall relate to the fact done. Atteindor by Act of Parliament &s;hall re|late to the fir&s;t day of the Parlia.<NOTE PLACE="marg">35 H. 8. <HI>B.</HI> Crom p. 77. Dyer 50.</NOTE> one &s;hall not be acce&s;&s;ary to a felony by relation, but onely from the death not blow given. Arbitrement was pleaded at D. <HI>&s;cilicet</HI> that &s;uch an one &s;hal grant an Annuity out of the Mannour of S. &amp; in conclu&s;ion &s;ays, <HI>quod loco &s;upradicto, &amp;c.</HI> this &s;hall relate
<PB N="122" REF="72"> to D.<NOTE PLACE="marg">12 H. 6. 17.</NOTE> and the <HI>Venire facias</HI> &s;hal be thence a <HI>Venire facias</HI> was <HI>ad recogno&s;cendu~,</HI> if an Executor did admini&s;ter <HI>aliqua bona</HI> that were the Te&s;tators after his death, the&s;e words after his death, &s;hall relate to ad|mini&s;ter and not to goods,<NOTE PLACE="marg">7 H. 4. 37.</NOTE> to examine whether they came after the death or not.</P>
<P N="148">148 <HI>Relatio &s;it ad accommodatiora.</HI> A man lea&s;es for the life of I. S.<NOTE PLACE="marg">Hill. 19. Elia. <HI>Gowers</HI> ca&s;e.</NOTE> &amp; after gives all his lands &amp; rever&s;ion of this parcell <HI>ha|bendum</HI> all his lands and parcell <HI>cum acci|derit proxime po&s;t mortem</HI> I. S. the&s;e la&s;t words &s;hall relate to the rever&s;ion onely. The Obligee doth acknowledge he is &s;a|tisfied,<NOTE PLACE="marg">9 Report Ca&s;e <HI>Hickman.</HI></NOTE> all bonds, and promi&s;eth to deli|ver in all bonds (except one of ten pound, this exception-goes to the <HI>word &s;atisfied,</HI> and re&s;treins this and not onely to the words deliver in,<NOTE PLACE="marg">11 Report 32.</NOTE> &s;ee the word <HI>(&s;uch)</HI> is to equalls in the mi&s;chiefe and not to any be|fore in the &s;tatute there named. See 22 <HI>E.</HI> 3. 4. Condition of a bond was, if the Defendant enter peaceably, &s;o that the Plaintiffe may bring his action before <HI>Michaelma&s;&s;e,</HI> in this ca&s;e, the&s;e words before <HI>Michaelma&s;&s;e</HI> &s;hal relate to the en|tre<NOTE PLACE="marg">27 H. 6. 18.</NOTE>
<PB N="123" REF="72"> onely, and not to the bringing of the action.</P>
<P N="149">149 <HI>Relation to avoid thing or a vaine thing will de&s;troy that was good in the pre|mi&s;es.</HI> As a grant is by me of my lands in D. which I had by de&s;cent, or of the gift of I. S. if this he fal&s;e it will de&s;troy my grant, A bond to performe all Covenants between A. B. and C,<NOTE PLACE="marg">37 H. 6. 18.</NOTE> in &s;uch an Inden|ture, and there is not any &s;uch, the bond is not good, one makes an acquittance of debt, which was recovered by a judgment, &amp;c. and there is no &s;uch it is <HI>void,</HI><NOTE PLACE="marg">11 H. 7. 6.</NOTE> hu&s;|band and wife are &s;ei&s;ed of land, and a grant is made of the rever&s;ion of the land which the husband holds, this is void to pa&s;&s;e this rever&s;ion. <HI>Contra &s;epius.</HI><NOTE PLACE="marg">33 H. 8. Dyer. 50.</NOTE> A bond is of thirty pound and the Obligee upon receit of twenty pound, &amp;c. makes an ac|quittance thus,<NOTE PLACE="marg">11ff. Grants 63</NOTE> received in part of twenty eight pound, &amp;c. the &s;umme of twenty pound, this &s;hall not make fru&s;trate the acquittance if not that averment is that twenty eight pound was for another con|tract. A rever&s;ion of lands in D. <HI>quae om|nia &s;unt,</HI> in lea&s;e to I. S.<NOTE PLACE="marg">48 E. 3. 18.</NOTE> for life is grant|ed, though no &s;uch lea&s;e is, it is good. See
<PB REF="73"> <HI>Plou.</HI><NOTE PLACE="marg">Plo. Ca&s;e <HI>Throgmorton.</HI></NOTE> <HI>Adams ca&s;e,</HI> 5. <HI>exception,</HI> 10 <HI>Rep. Legats ca&s;e,</HI> an inde~ture of defe&s;anes refers to a Statute made <HI>primo Maii, &amp;c.</HI><NOTE PLACE="marg">17 <HI>E.</HI> 3. 35. Sir <HI>Iohn Hard|&s;hals</HI> Ca&s;e.</NOTE> and it was ano<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">her day, yet it is good becau&s;e an agreement was in the &s;umme of the Sta|tute, and name of the parties. See 20 <HI>A&s;&s;.</HI> 8. 26 <HI>A&s;&s;.</HI> 38. 31 <HI>A&s;&s;.</HI> 1.</P>
<P N="148">148 <HI>Semel malus &s;emper pre&s;umitur malus &amp; contra.</HI> A Jury was challenged <HI>cum panello,</HI><NOTE PLACE="marg">33 A&s;&s;. placito ultimo.</NOTE> for being made favourably by an Officer of the Sheriffes, and upon a new <HI>Ven. fac.</HI> part of the &s;ame jurors are returned by the Sheriffe him&s;elfe, and ru|led bene, and the &s;u&s;pition &s;hall not be &s;aid to continue.</P>
<P N="149">149 <HI>Similitude non currit quatuor pe|dibus</HI> Re&s;ommons is <HI>ita quod &s;it (in eodem &s;tatu.)</HI> Yet a default &s;aved, which was before di&s;continuance,<NOTE PLACE="marg">5 <HI>H.</HI> 7. 39. 40.</NOTE> &s;o e&s;&s;oigne lies which did not before.</P>
<P N="150">150 <HI>Sic utere tuo ut non laedas alieno.</HI> Le&s;&s;ee for years &s;hall &s;o take his hedge|bote,<NOTE PLACE="marg">46 <HI>E.</HI> 3. 17.</NOTE> that he doe not de&s;troy common of e&s;touers which another man hath there, he which hath common in Land not inclo|&s;ed,<NOTE PLACE="marg">20 <HI>E.</HI> 4. 11.</NOTE> &s;hall keep his cattle out of an e&s;tran|gers land. If bea&s;ts are driven by the high|way,
<PB N="125" REF="73"> he ought at his perill keep them out of the Lands adjacent to the way, &amp;c.<NOTE PLACE="marg">20 <HI>E.</HI> 4. 11. 10 E. 4. 7.</NOTE> ex|cept in ca&s;e where the owner is bound to inclo&s;e &amp;c. but note, prejudice may in|&s;ue by my act upon my own land without danger, as where a man erects a wall, part upon my land,<NOTE PLACE="marg"><HI>Pa&s;ch. 34.</HI> Eliz. <HI>C.</HI> Wig|ford ver&s;. Gill.</NOTE> and I de&s;troy this upon my land, and the re&s;t by that means falls down this is excu&s;able.</P>
<P N="151">151 <HI>Singulare di&s;tributive &s;umpta aequat plurali.</HI> Tenant in a&s;&s;i&s;e makes &s;e|verall bars, &amp; the plantiffe makes &s;everall titles,<NOTE PLACE="marg">Dyer 325.</NOTE> and the tenant pleads <HI>veigne l<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;&s;i&s;e &s;upra titulo,</HI> this goes to all the titles. A lea&s;e is <HI>pro uno anno,</HI> and if they agree that he &s;hall have the land for threee years <HI>reddendo durante termino praedict.</HI> ten pounds annuatim this re&s;ervation goes to both termes.<NOTE PLACE="marg">10 Report Ca&s;e. <HI>Loefeild.</HI></NOTE> In debt the plantiffe de|clares that the defendant and his bro|ther were bound in an obligation <HI>&s;igello &s;uo &s;igillat,</HI><NOTE PLACE="marg">Mich. 33 <HI>Eliz-</HI> Ca&s;e <HI>Briton</HI> &amp; <HI>Bolton.</HI></NOTE> this extends <HI>di&s;tributive</HI> to both.</P>
<P N="152">152 <HI>Synonyma will not &s;erve in our Law.</HI> The Statute <HI>W.</HI> 2. forbids entre, <HI>ubi ingre&s;&s;us non datur per legem,</HI><NOTE PLACE="marg">9 <HI>H.</HI> 6. 19.</NOTE> now if in an indictment, &amp;c. it is layed, <HI>quod
<PB N="126" REF="74"> ingre&s;&s;us e&s;t illicite,</HI><NOTE PLACE="marg">5 Report Ca&s;e <HI>Long.</HI></NOTE> this is not good, &s;o an indictment for murther by the&s; words, <HI>ex malitia precogitata necavit, &amp;c.</HI> i<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> not good without the word, <HI>murdraivi.</HI></P>
<P N="153">153 <HI>Surplu&s;age, what power and in|fluence this &s;hall have in Grants &amp;c.</HI> And note &s;ome u&s;e may be made of it, as where a contract is to deliver a hor&s;e &amp;c. and a bond is to deliver it,<NOTE PLACE="marg">8 E. 4. 22. <HI>Perkins.</HI> 784.</NOTE> now albeit by the contract the property be ve&s;ted in the ob|ligee, yet in this ca&s;e if the hor&s;e is tendred to him, and he refu&s;e, he hath lo&s;t the pro|pertie, becau&s;e this bond which was more then needed hath determined the contract, <HI>nota.</HI></P>
<P N="152">152 <HI>Totum continet &s;uas partes &amp; &egrave; conver&s;o.</HI><NOTE PLACE="marg">30 E. 3. 13. 7 Report Ca&s;e <HI>Bulwar.</HI></NOTE> The Statute <HI>W.</HI> 2, which gives a writ <HI>ad petendum advocationem decima|rum:</HI> implies he &s;hall have this writ for a fourth part of Tithes.<NOTE PLACE="marg">2 Eliz. Dyer 186.</NOTE> A &s;tatute is made that the adjournment of Michaelmas Terme &s;hall not hinder fines, &amp;c. This im|plies that though part of the Terme onely is adjourned, that &s;hall not let, but fines are well levied. A Statute is if a man is redi&s;&s;e&s;&s;ed of land,<NOTE PLACE="marg">In&s;titut. 1. 154.</NOTE> hee hath recovered be|fore, &s;uch a penaltie &s;hall bee, if he is redi&s;|&s;ei&s;ed
<PB N="127" REF="74"> but of part of that Land, it is with|in that &s;tatute. A man hath a way for foot, hor&s;es and waynes, if this is made &s;o &s;trait that wayns cannot pa&s;&s;e, which is onely part of that he hath way for, yet the writ &s;hall be, <HI>quod ob&s;truxit viam</HI> gene|rally.</P>
<P N="155">155 <HI>Totius &amp; partis eadem ratio.</HI> Aid was granted for part of the Land charged with rent, it &s;hall &s;tand for all.<NOTE PLACE="marg">22 H. 6. 2. 24.</NOTE> He which diverts part of a water &s;hall be &s;aid in law to divert it all, <HI>fallit regula aliquoties.</HI> A liberate comes to an Officer to pay a hun|dred pounds, if he <HI>have it all,</HI><NOTE PLACE="marg">In&s;titut. 4. 116.</NOTE> <HI>he ought to pay it,</HI> but if he want part thereof, hee is not bound to pay that part &amp;c.</P>
<P N="156">156 <HI>Totum qui concedit partes negare non pote&s;t.</HI><NOTE PLACE="marg">23 A&s;&s;. 12.</NOTE> It is alledged in A&s;&s;i&s;e that all the lands within the fee of Saint <HI>Peter</HI> of <HI>Yorke</HI> were departible between the males, and that the ten acres in que&s;tion were within that fee, and the tenant would have &s;aid that the&s;e ten acres were not de|partible, but was not &s;uffered. <MILESTONE N="1" UNIT="Exception."> <HI>This doth not hold where the matter affirmed of par|cell tends onely to alter the juri&s;diction.</HI><NOTE PLACE="marg">9 E. 3. 18.</NOTE> As where a Mannor is alledged to be anci|ent
<PB N="128" REF="75"> Deme&s;ne, hee may &s;ay that Black acre parcell of the Mannor is Frankfee. <HI>Fallit regula,</HI> <MILESTONE N="2" UNIT="Exception."> al&s;o in ca&s;e of time that which may be &s;aid of a moneth of time, cannot of a week, &amp;c. As the &s;tatute 5 <HI>Eliz.</HI> gives a penalty again&s;t him trades by the &s;pace of a moneth, not being an apprentice, &amp;c. if he trade but a weeke or fortnight hee &s;hall forfeit nothing at all within this Law.</P>
<P N="157">157 <HI>Tort, of his own wrong, a man &s;hall not take advantage.</HI><NOTE PLACE="marg">42 <HI>E.</HI> 3. 18. 5 Report Ca&s;e <HI>Wimarke.</HI></NOTE> I.S. takes from me the relea&s;e he had made, now I &s;hall plead it without &s;hewing it. Le&s;&s;ee for years cut trees,<NOTE PLACE="marg">4 Report Ca&s;e <HI>Harlakenden.</HI></NOTE> he &s;hall not have avail of this to keepe it toward reparations, &amp;c, Husband and wife are impleaded, and the demandant holds the wife of the tenant that &s;hee cannot appear,<NOTE PLACE="marg">10 <HI>E.</HI> 3. 40.</NOTE> this &s;hall not turn to a default in the tenant. <MILESTONE N="3" UNIT="Exception."> See 4 <HI>Report Ca&s;e</HI> Sir <HI>Andrew Corbet, &amp;</HI> 34 <HI>H</HI> 6. 11. <HI>Regula, fallit,</HI> in ca&s;e hee to whom the wrong is done had it in his power to re|medy it, there it &s;hall prejudice him if he doe not remedy it, and it &s;hall be to the availe of the wrong dore, as I am bound to infeffe I. S. before Michaelmas of B.
<PB N="129" REF="75"> acre, and the obligee,<NOTE PLACE="marg">8 Report 92. <HI>Frances</HI> Ca&s;e.</NOTE> di&s;&s;ei&s;e mee of that <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">cre, here becau&s;e I may enter and regain <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">he Land and make the feff, if I doe not I have forfeited my bond: So where Cove|nant is to build a hou&s;e by the le&s;&s;ee before the end of the Terme, and le&s;&s;or enter up|on him and outs him, yet hee is bound to doe it, or el&s;e the Covenant lies,<NOTE PLACE="marg">36 Eliz. Ca&s;e. <HI>Farewell</HI> and <HI>Barker.</HI></NOTE> unle&s;&s;e there be &s;peciall matter to excu&s;e it, as if the other hold him out by force.</P>
<P N="158">158 <HI>Utile per inutile non vitiatur, nec emendatur.</HI><NOTE PLACE="marg">4 Report 93.</NOTE> Of this nature is all <HI>Surplu|&s;age</HI> in grants, deeds, &amp;c. It doth nei|ther good nor ill. A. relea&s;e to B. <HI>ad primum diem Maii quod e&s;&s;et.</HI><NOTE PLACE="marg">35 H. 8. Dyer 57.</NOTE> All Cove|nants, &amp;c. this is a pre&s;ent relea&s;e, and the &s;ub&s;equent words <HI>ad primum diem Maii quod e&s;&s;et</HI> are idle. A deed is that &s;uch a thing &s;hall be done before Whit-Sunday next, being the fir&s;t day of June,<NOTE PLACE="marg">Pa&s;ch. 1. Car. Ca&s;e Bi&s;hop of <HI>Norwich.</HI> Vid. 41. A&s;&s;. 21</NOTE> though Whit-Sunday is the fourth of June, this &s;hall not fru&s;trate the agreement, but &s;hall be made on Whit-Sunday. U&s;es are decla|red in an indenture in taile, in which is power of revocation,<NOTE PLACE="marg">8 Report Ca&s;e <HI>Frances.</HI></NOTE> and upon recitall of this deed he declares that <HI>praedicti u&s;us,</HI> to him and his heirs &s;hall be void, yet this
<PB N="130" REF="76"> a good revocation, and the other word<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> idle, <HI>&s;cil.</HI> to him and his heirs. A rent is granted for legality of partition,<NOTE PLACE="marg">In&s;titutes 1. 146. 147. Vid. 30. H. 6. 14</NOTE> this is good without deed, now annuity doth no<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> lie though a deed is in this ca&s;e made be|cau&s;e &s;urplus,<NOTE PLACE="marg">14 E. 4. 2.</NOTE> &amp;c. <HI>Exception,</HI> Sometime<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> idle and vain words will have operation as A.<NOTE PLACE="marg">2 Report Ca&s;e <HI>Buckler.</HI></NOTE> relea&s;e to B. <HI>omni modas</HI> (which the &s;aid B. hath again&s;t A.) this was ad|judged a void relea&s;e. Le&s;&s;ee for life make<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> a lea&s;e for three years, &amp; then grants <HI>tene|ment a praedict a habendum</HI> after Michael|ma&s;&s;e,<NOTE PLACE="marg">4 Report Ca&s;e <HI>Palmer.</HI></NOTE> all this is void. The Sheriffe in executing a <HI>Fiere facias</HI> takes upon him upon the &s;ale of a Terme, to nominate the beginning of the terme, and &s;aies it wa<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> 1 <HI>Maii,</HI> where it was another day: this &s;urplus makes the whole execution null. An union was pleaded to be <HI>concurrenti|bus his quae jure debent, &amp;c.</HI> and by a&s;|&s;ent of the Ordinary, this &s;urplu&s;age ex|pre&s;ly contradicts that was implyed in the <HI>concurrentibus his,</HI> &amp;c. in which the Ordi|nary might well have been intended al&s;o which now appears that he is not,<NOTE PLACE="marg">10 H. 7. 19.</NOTE> and &s;o vitiates all the re&s;t, &amp;c. for &s;urplu&s;age in ca&s;es of pleading, the Law varies upon &s;e|verall
<PB N="131" REF="76"> di&s;tinctions, in one ca&s;e it &s;hall hurt <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ad not in another, where &s;urplu&s;age <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">akes a contradiction there it will doe <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">urt;<NOTE PLACE="marg">22 A&s;&s;.</NOTE> &s;o in ca&s;e of a Writ where there is <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ot &s;ub&s;tance to maintain the action,<NOTE PLACE="marg">39 H. 6. 38.</NOTE> but <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">or to increa&s;e damages, it &s;hall doe no harme. <HI>Plo.</HI> 85. 46 <HI>E.</HI> 3, 3. 1 <HI>E.</HI> 4. 7.<NOTE PLACE="marg">37 H. 8. 3.</NOTE> <HI>Regi|&s;ter</HI> 6. 6. 12 <HI>H.</HI> 7. <HI>Kell.</HI> 10 <HI>H.</HI> 6. 10. 8 <HI>Re|port</HI> 159 <HI>Dyer</HI> 235, 236. 50 <HI>E.</HI> 3. 6 34 <HI>H.</HI> 6. 48.</P>
<P N="159">159 <HI>Void, in a Statute where it is &s;aid what &s;en&s;e it hath, &amp;c.</HI><NOTE PLACE="marg">28 H. 8. Dye 28.</NOTE> Ob&s;eeve fir&s;t where a Statute &s;aies &s;uch a thing &s;hall be void,<NOTE PLACE="marg">3 Report 59. Plo. 107.</NOTE> yet the ordinary circum&s;tances are to be ob&s;erved, which by law are requi|red, to avoid &s;uch a thing as entre, and the like.<NOTE PLACE="marg">In&s;titutes 1. 273.</NOTE> The Cannon &s;aith that a &s;econd &s;hall Benefice void, &s;ee if before &s;entence, <HI>vide Statut.</HI> 21. <HI>H.</HI> 8. by that it is void pre|&s;ently and lap&s;e &s;hall incurre, and pro|theine avoidance is not grantable by a Patron becau&s;e it's void. If it be inacted that a bond made by I.S. &s;hall be void, as upon the Statute of 23 <HI>H.</HI> 6. of Sheriffes, &s;uch a clau&s;e is for a bond taken by a She|riffe otherwi&s;e then is there directed,<NOTE PLACE="marg">5 Report 119</NOTE> yet he &s;hall not plead <HI>non e&s;t factum,</HI> but
<PB N="132" REF="77"> the &s;peciall matter and demand.<NOTE PLACE="marg">Plo. 169.</NOTE> judg<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">+ment, See action Stat. <HI>W.</HI> 2. <HI>Ca&s;e</HI> 1. whic<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> &s;ayes,<NOTE PLACE="marg">Plo. 137.</NOTE> <HI>quod finis &s;it nullus,</HI> yet it is not ab+&s;olutely void, but avoidable by errour, an<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> not otherwi&s;e, the Stat. of 3 <HI>Eliz.</HI> is tha<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> grants of Deanes, &amp;c. &s;hall be void, ye<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> is not &s;o in all re&s;pects,<NOTE PLACE="marg">11 Report 73.</NOTE> for it's good again&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> him that made it, but void as to the &s;uc|ce&s;&s;or.</P>
<P N="160">160 <HI>Void, where a thing &s;hall be for part,</HI><NOTE PLACE="marg">3 E. 4. 7, 8.</NOTE> <HI>or for a certain time onely.</HI> A man contracts for wages beyond that the Sta|tute alows, this is void as to the wages, but &s;hall charge him in an action upon the Statute.<NOTE PLACE="marg">Abridg. a&s;&s;i&s;. 87.</NOTE> A man enters into Religion, and his wife aliens the Land, of which they were &s;ei&s;ed, and then he is darreined, he &s;hall avoid this for his life, but the a|lience &s;hall hold it again&s;t the wife, &s;o a terme may be avoided by tenant in dower &amp; revived afterward,<NOTE PLACE="marg">7 Report <HI>Com. Bedfords</HI> Ca&s;e.</NOTE> and it &s;hall be good again&s;t the heire.</P>
<P N="161">161 <HI>Void act as to that was intended, may yet be good and effectuall to a colate|rall purpo&s;e.</HI> An appeale is void being brought by the younge&s;t &s;on,<NOTE PLACE="marg">21 H. 6. 29.</NOTE> yet this &s;hall him excu&s;e to be indicted, if the party is
<PB N="133" REF="77"> acquitted upon this, but otherwi&s;e it is in ca&s;e a woman brings an appeal of the death of another, then her husband becau&s;e it is apparently ill within the record it &s;elfe. A relea&s;e of a feme covert is pleaded, this is void to make a barr,<NOTE PLACE="marg">18 H. 6. 29.</NOTE> yet it will amount to a waiver of a good plea pleaded before to the writ. An i&s;&s;ue joyned in wa&s;te was a <HI>jeofale,</HI> the &s;ame plea notwith&s;tanding may bee a confe&s;&s;ion of the wa&s;t.<NOTE PLACE="marg">10 Eliz. Dyer 272.</NOTE> Re|tourne is by one Coronor of a Re&s;cous upon a writ made to more Coronors, it is a voide returne,<NOTE PLACE="marg">39 H. 6. 42.</NOTE> yet it will be a good &s;ug|ge&s;tion upon which a proce&s;&s;e &s;hall i&s;&s;ue for the Re&s;cous: But <HI>nota,</HI> &s;uch a void act &s;hall never bee good or avaleable in the &s;ame kinde it was void.<NOTE PLACE="marg">Pa&s;ch. 11. <HI>Car.</HI> Cafe. <HI>Baker</HI> and <HI>Hagget.</HI></NOTE> Tenant in taile is, the remainder to him&s;elfe in fee, he makes a feofment by deed, and a letrer of Atourney, &amp;c. if this livery is not execu|ted the remainder &s;hall not pa&s;&s;e by the deed: Bargain and &s;aile is of a mannor,<NOTE PLACE="marg">11 Report 48.</NOTE> and all the trees the deed is not inrolled, this &s;hall not work as a grant of the trees being of no effect for the Land. A man lea&s;es a mannor,<NOTE PLACE="marg">16 H. 7. 3.</NOTE> and hath nothing in deme&s;ne at the time, but in &s;ervices the&s;e
<PB N="134" REF="78"> &s;hall not pa&s;&s;e, but <HI>this exception hath its exception,</HI> as where the thing is <HI>void, quoad modum onely</HI> as a fine,<NOTE PLACE="marg">4 Eliz. Dyer 215</NOTE> upon 4 <HI>H.</HI> 7. is not good for lack of proclamations, yet it's a good fine at the Common Law.<NOTE PLACE="marg">1 H. 6. 4. 7.</NOTE> A Sta|tute is acknowledged which is not good, for &s;ome failers, &amp;c. yet it is a good bond.</P>
<P N="162">162 <HI>Volenti non fit injuria.</HI> A man &s;hoots giving warning to all,<NOTE PLACE="marg">18 E. 4. 8. 19 E. 4. 2.</NOTE> &amp;c. and one will go to the mark and is hurt he is with|out remedy. I am bound to make a hou&s;e if you prohibit me to come upon the land I may plead this in bar, <HI>exception</HI> is where the fault and injury is e&s;&s;ential to the thing and vitiates it, and is not per&s;onall, the law is otherwi&s;e, as where I will ex|change with one hath a bad <HI>title</HI> and its knowne to me. So if I know of fraudu|lent conveyance and you buy the land,<NOTE PLACE="marg">5 Report Ca&s;e <HI>Gooche.</HI></NOTE> in both the&s;e ca&s;es the party &s;hall have the remedy though hee was willing to the wrong, &amp;c.</P>
<P N="163">163 <HI>Verba di&s;cretiva, &s;hall not extend to joynt words &amp; contra.</HI> The Amercements of my tenants are granted,<NOTE PLACE="marg">22 A&s;&s;. 49.</NOTE> this &s;hall not extend to tho&s;e <HI>hold of mee and of others.</HI> where its &s;poken of an act to be made by
<PB N="135" REF="78"> A.<NOTE PLACE="marg"><HI>Perkins.</HI> 158. &amp; 310.</NOTE> it &s;hall be by him &s;ole and not joyntly with others, but a &s;urrender of all his lea|&s;es, is good of tho&s;e hee holds joyntly as of others. Statute 8. <HI>H.</HI> 6. is if one enter with force or peaceably and hold with force an action lyes,<NOTE PLACE="marg">Plo. 8. 6. 3 E. 4. 19.</NOTE> yet if both are done the action lyes.</P>
<P N="164">164 <HI>Verba conjuncta non capiantur di&s;cretive &amp; contra.</HI> A <HI>Recordare</HI> is to remove a plea betweene <HI>A</HI> and <HI>B.</HI><NOTE PLACE="marg">3 H. 7. 14.</NOTE> Plain|tiffs, and <HI>C.</HI> and <HI>D.</HI> Defendants, and every Plaintiffe would have counted &s;everally and not permitted, for it &s;hall be intended joynt plaint onely.<NOTE PLACE="marg">29 E. 3. 20.</NOTE> A &s;tatute &s;peaks of an act to be done by two parties, this &s;hall be intended joynt act. 5 <HI>E.</HI> 3. 14, 15. <HI>Contra</HI> where they &s;hall be taken di&s;cretive,<NOTE PLACE="marg">2 R. 3. 18.</NOTE> three men then &s;ubmit of all matters betweene them and <HI>A.</HI><NOTE PLACE="marg">21 H. 7. 29.</NOTE> this extends to matters &s;e|verall among them, as well as joynt. Seve|rall Demi&s;es and Rents are in one Inden|ture,<NOTE PLACE="marg">No. lib. Entry 115.</NOTE> and in conclu&s;ion hee covenants to pay <HI>reditum praedictum,</HI> this goes to all the Rents. Two joyn in a grant of <HI>omnia bona &s;ua,</HI> &s;o a relea&s;e to <HI>B.</HI> and <HI>C.</HI> all acti|ons,<NOTE PLACE="marg">19 H. 6. 4.</NOTE> this extends to their &s;everall goods and &s;everall actions to have operation to
<PB N="136" REF="79"> the mo&s;t advantage again&s;t him made the deed or grant. Three &s;everall men covenant &s;eparatim by Indenture and in this, one is bound to perform the covenants made be|tween <HI>A.B.</HI> &amp; <HI>C.</HI> &amp;c. he &s;hall be bound to performe any covenant made betwixt them &s;eperatim.<NOTE PLACE="marg">11 H. 7. 6.</NOTE> Severall rents are behind by a Prior and his Predece&s;&s;our, and in his Count he concludes, <HI>non dum rediderunt,</HI> And this holden good though part was due in the time of the Predece&s;&s;or,<NOTE PLACE="marg">17 E. 3. 2.</NOTE> and part &s;ince.</P>
<P N="165">165 <HI>Una hirundo non facit ver.</HI> A Lord hath allowance one time to have <HI>Conu&s;ans of plea,</HI><NOTE PLACE="marg">8 E. 3. 2.</NOTE> <HI>ubi ip&s;e pars fuit,</HI> this will not &s;erve at another time to hold &s;uch plea.</P>
<P N="166">166 <HI>Univer&s;ale non comprehendit om|ne particulare. A</HI> man is reteined to &s;erve in all occupations.<NOTE PLACE="marg">38 H. 6. 13.</NOTE> In debt for wages the defendant may wage his law, which yet hee cannot do in <HI>ca&s;e of husbandry, Ergo. In decies tantum,</HI> it is no plea for the defendants to &s;ay that they tooke not any mony for &s;aying their verdict,<NOTE PLACE="marg">21 H. 6. 20.</NOTE> but they &s;hall &s;ay, <HI>nec aliquis eorum, &amp;c.</HI> See 3 <HI>Re|port,</HI> Marque&s;&s;e of <HI>Winche&s;ters</HI> Ca&s;e, where all rights in a &s;tatute did not extend
<PB N="137" REF="79"> to right of action.<NOTE PLACE="marg">4 H. 7. 8. 6 Report 56.</NOTE> So where an exigent is returned again&s;t three; <HI>quod non compa|ruerunt,</HI> it mu&s;t be <HI>nec aliquis eorum com|peruit, &amp;c.</HI> el&s;e its not good.</P>
<P N="166">166 <HI>Ubi duo jura in una concurrunt per&s;ona aeque e&s;t ac in diver&s;is.</HI><NOTE PLACE="marg">In&s;titut. 1. 194. 195. In&s;titute 3. 134 <HI>Holcroft</HI> Ca&s;e.</NOTE> <HI>Articuli &s;uper chartas ordaneth.</HI> That in ca&s;e of death of one within the Verge, the Coro|ner of the County, and of the hou&s;hold of the King &s;hall joyne in the Inquire, and holden if <HI>one is Coroner</HI> of both he &s;hall well executeth is authority.</P>
<P N="167">167 <HI>Vigilantibus &amp; non dormientibus &s;ubveniunt leges.</HI> This the rea&s;on of lap&s;e incurring for lack of pre&s;entment. War|ranty barring for lack of entry, di&s;cents barr entryes for lack of clayme, title to te|nancy by curte&s;ie is lo&s;t for lack of entry. &s;tatutes of limitations barr actions,<NOTE PLACE="marg">Litt. 551.</NOTE> the fir&s;t Grantee that its attornment &s;hall have the Rever&s;ion or Signiory, &amp;c. and a hun|dred Ca&s;es more are ruled upon this ground.<NOTE PLACE="marg">36 H. 6. 1.</NOTE> A man is outlawed and error is in the Record this may be rever&s;ed, the &s;ame terme by plea, but after not. A tre&s;pa&s;&s;e is committed to two joynttenants, and each of them relea&s;es, and after brings tre&s;pa&s;&s;e,
<PB N="138" REF="80"> and the defendant pleads the relea&s;e of one of them which is found again&s;t him hee &s;hall not be afterward admitted to plead the other relea&s;e, becau&s;e he hath &s;urcea&s;ed his time.</P>
<P><HI>Finis Topicorum legum</HI> Angliae. Which was allowed to the Pre&s;&s;e two yeers &s;ince <HI>in furore belli,</HI> but the Book&s;ellers were unwilling to Print it then becau&s;e it was in French and few in town.</P>
<PB REF="80">
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