A
PARALLELE
OR
CONFERENCE
OF
THE
CIVILL
Law
,
the
CANON
Law
,
and
the
COMMON
Law
of
this
Realme
of
England
.
Wherein
the
agreement
and
disagreement
of
these
three
Lawes
,
and
the
causes
and
reasons
of
the
said
agreement
and
disagreement
,
are
opened
and
discussed
.
Digested
in
sundry
Dialogues
By
WILLIAM
FVLBECKE
.
At
the
end
of
these
Dialogues
is
annexed
a
Table
of
the
Sections
or
Diuisions
of
the
principall
points
,
matters
,
and
questions
,
which
are
handled
in
euery
Dialogue
.
AT
LONDON
Printed
by
Thomas
Wight
.
Anno
Domini
.
1601.
TO
THE
MOST
GRATIous
and
reuerend
Father
in
God
IOHN
by
the
prouidence
of
God
Lord
Archbishop
of
Canterburie
,
Primate
and
Metropolitane
of
all
England
,
and
one
of
the
Lordes
of
her
Maiesties
most
honorable
priuie
Councell
.
RIght
Reuerend
,
right
Honorable
,
and
my
singular
good
Lord
,
as
nothing
is
more
comfortable
to
the
Mariner
,
or
Sea-man
,
then
after
a
great
tempest
to
possesse
a
pleasant
calme
,
and
gratefull
serenitie
:
so
nothing
is
more
plausible
and
acceptable
,
to
them
that
haue
employed
,
and
exercised
themselfes
in
any
parte
of
learning
,
then
after
theyr
long
and
laborious
trauaile
,
to
enioy
the
warmth
and
bright
reflexion
of
an
honorable
countenance
,
this
partly
,
and
(
if
the
great
arrearage
of
duetie
,
and
thankfulnes
,
which
I
owe
to
your
Grace
,
doe
not
chalenge
prioritie
)
especially
hath
moued
and
enforced
me
,
to
present
to
your
honorable
view
and
patronage
these
tripartite
Dialogues
,
to
whom
her
sacred
Maiestie
hath
committed
the
executing
and
maintenance
of
the
Ciuill
and
Canon
lawes
,
in
these
Dialogues
by
my
slender
pencill
rather
delineated
,
then
described
:
and
because
the
Common
lawe
cannot
otherwise
be
diuided
from
these
twaine
,
then
the
flower
from
the
roote
and
stalke
,
therefore
this
entier
discourse
I
haue
wholy
submitted
to
your
Graces
tuition
and
disposall
:
in
which
I
sought
rather
to
profite
the
vnderstanding
,
then
to
please
the
sense
with
a
plausible
,
copious
,
and
polished
stile
,
or
with
foreyne
conceyts
not
belonging
to
the
titles
of
the
Lawe
,
which
I
handle
:
assuring
my selfe
,
that
as
verball
delites
and
affected
,
vanities
are
to
your
Lordship
odious
,
irksome
,
and
of
no
accompt
:
so
they
are
in
truth
to
the
gaping
eares
of
this
curious
age
,
very
snares
,
and
Sirens
.
Wherfore
humbly
referring
my selfe
to
your
Graces
excellent
wisedome
,
and
abundant
clemencie
,
for
the
imparting
of
a
fauourable
regarde
and
countenaunce
to
these
my
vnworthy
labours
,
I
beseech
the
almightie
God
with
the
most
submisse
deuotion
of
my
harte
,
that
the
dayes
of
your
lyfe
(
which
the
Lorde
of
life
multiplie
)
may
be
the
degrees
of
your
happines
,
to
the
great
good
of
this
Church
,
and
Common-weale
,
to
the
exceeding
comforte
,
and
contentment
of
such
as
be
studious
of
vertue
,
Lawe
,
and
equitie
,
and
to
the
immortall
propagation
of
your
fame
and
memorie
thorough
all
ages
,
and
times
,
vntill
the
last
time
of
all
ages
.
Your
Graces
most
humble
and
bounden
William
Fulbecke
.
TO
THE
COVRTEous
Reader
.
CVrteous
Reader
it
is
obserued
by
Seneca
,
that
in
one
and
the
same
plotte
of
ground
,
the
Hound
seeketh
for
a
Hare
,
the
Oxe
for
good
grasse
,
and
the
Storke
for
a
Snake
or
Lizarde
,
[
a
](A01292-e10270-b)
a
Senec.
epist.
109.
In
eodem
prato
bos
herbam
quaerit
,
canis
leporem
,
ciconia
lacertam
.
and
my
desire
was
,
that
in
this
booke
of
Dialogues
,
the
seuerall
students
of
the
Canon
lawe
,
the
Ciuill
law
,
and
the
Common
law
of
this
Realme
,
might
haue
diuerse
repast
according
to
their
disagreeing
appetites
,
[
b
](A01292-e10280-b)
b
Horat.
Tres
mihi
conuiuae
prope
dissentire
videntur
;
Poscentes
vario
multùm
diuersa
palato
.
&
matters
suteable
to
their
distinct
contemplations
,
for
it
seemed
straunge
vnto
me
,
that
these
three
lawes
,
should
not
as
the
three
Graces
haue
their
hands
linked
together
,
and
their
lookes
directly
fixed
the
one
vpon
the
other
,
but
like
the
two
faces
of
Ianus
,
the
one
should
be
turned
from
the
other
,
&
should
neuer
looke
toward
,
or
vpon
the
other
:
and
weighing
with
my selfe
,
that
these
lawes
are
the
sinewes
of
a
state
,
the
Sciences
of
gouernment
,
&
the
artes
of
a
common
weale
,
I
haue
seriously
&
often
wished
,
that
some
ioynt
discourse
might
be
made
of
these
three
excellent
Lawes
,
whereby
the
agreement
and
disagreement
of
them
,
and
the
grounds
,
and
reasons
therof
might
euidently
appeare
by
some
very
skilfull
in
these
Lawes
well
grounded
,
and
if
it
might
be
,
which
I
neuer
yet
saw
,
professed
in
the
same
:
and
in
such
a
plentiful
haruest
of
florishing
wits
in
this
land
,
which
are
adorned
with
great
varietie
of
reading
,
as
the
firmament
with
diuersitie
of
starres
,
I
could
not
but
expect
the
euent
of
so
good
a
thing
:
yet
in
the
end
,
when
I
saw
many
daies
ouerpasse
,
and
slide
away
without
the
successe
of
my
desire
,
taking
my
wishe
to
be
somewhat
more
,
then
Vigilantis
somnium
,
I
thought
it
better
to
make
some
triall
of
my
slender
abilitie
,
to
put
my
wishe
in
practise
,
&
to
lay
that
heauie
burden
vpon
mine
owne
feeble
shoulders
,
then
that
such
a
profitable
thing
should
be
altogether
frustrate
of
attempt
,
howsoeuer
voide
of
effect
,
by
that
meane
(
if
it
might
be
)
to
excite
,
and
stirre
vp
some
other
,
quem
Musae
comitantur
&
artes
,
to
vndertake
this
taske
,
and
farre
more
fully
iudiciously
,
and
learnedly
to
accomplish
this
busines
.
For
I
remember
the
saying
of
D.
Bartolus
,
a
principall
Author
in
the
Ciuill
lawe
,
that
these
things
,
which
are
not
very
well
inuented
,
yet
may
bee
profitable
in
this
respect
,
because
they
may
perhaps
prouoke
others
to
the
inuestigation
of
the
truth
[
c
](A01292-e10360-b)
c
Prosunt
minùs
recte
excogitata
,
cum
alios
incitent
▪
saltem
ad
veritatis
inuestigationem
.
Bartol.
in
tract
.
test
.
.
Great
&
forcible
reasons
haue
mooued
me
to
haue
in
speciall
regard
the
knowledge
of
the
lawe
,
considering
that
by
the
good
constitution
,
establishment
,
&
obseruation
therof
,
al
common
weales
,
which
are
growne
to
hight
and
preheminence
,
haue
had
their
prosperous
rising
,
their
abundant
increase
,
and
their
fortunate
continuance
,
but
by
the
want
,
breach
,
or
chaunge
of
good
lawes
,
nothing
hath
ensued
but
the
desolation
,
downefal
,
&
ineuitable
ruine
of
many
dominions
,
and
estates
.
Not
to
trouble
your
patience
with
instances
of
pettie
prouinces
,
and
inferior
regiments
,
by
your
fauours
let
the
foure
most
eminent
common
weales
of
the
world
be
tried
by
this
touchstone
,
&
let
my
assertion
by
their
destinated
courses
be
measured
and
examined
;
The
foure
common
weales
I
speake
of
,
were
the
Cretensian
,
Athenian
,
Lacedemonian
,
and
Romane
estates
:
the
first
was
of
all
these
the
formost
and
most
auncient
,
famosed
by
the
Lawes
of
Minos
,
who
so
studiously
employed
his
paynes
in
the
making
and
amending
of
Lawes
for
the
space
of
nine
yeares
together
,
that
this
Common
weale
being
well
setled
,
was
well
fenced
against
future
mishaps
,
and
continued
in
great
prosperitie
till
the
Romanes
grewe
too
strong
:
The
Athenian
Common
weale
was
first
guyded
by
Dracoes
Lawes
,
written
not
with
inke
,
but
with
bloud
,
rather
terrors
then
rules
of
estate
:
wherfore
these
for
their
too
great
asperitie
being
cancelled
,
and
antiquated
,
Solon
that
sage
Father
,
beyng
(
contrarie
to
the
foolish
Prouerbe
or
rather
by-woord
)
both
a
great
Clarke
,
and
an
excellent
wiseman
,
and
hauing
the
whole
administration
of
that
estate
committed
to
his
handes
did
enact
,
and
establishe
Lawes
with
such
moderation
,
and
equitie
,
that
the
greatest
parte
of
the
Lawe
called
the
Lawes
of
the
xij
.
Tables
,
that
absolute
president
,
and
worthy
platforme
of
all
Iustice
(
to
the
full
opening
and
cleare
expounding
,
of
which
it
might
be
wished
that
some
very
learned
man
would
put
to
his
painefull
hand
)
are
said
to
be
the
fruite
and
issue
of
his
deepe
,
and
peereles
iudgement
.
The
Lacedemonian
common
weale
was
established
by
Lycurgus
that
famous
lawmaker
,
by
whose
profitable
directions
and
ordinances
that
common
weale
did
for
the
space
of
sixe
hundred
yeeres
exceedingly
florishe
in
equitie
and
glorie
:
but
when
the
neglect
of
these
Lawes
had
entred
and
pearced
into
the
body
of
that
common
weale
,
and
wantonnes
,
licentiousnes
and
desire
of
monie
had
encroched
into
the
place
of
these
commodious
orders
,
they
lost
their
renowme
with
their
libertie
,
and
the
deformitie
of
mens
manners
did
wholy
disfigure
the
bewtifull
and
decent
proportion
of
that
goodly
Common
weale
.
Now
I
come
by
your
fauour
to
the
Romane
estate
,
that
is
,
to
the
miracle
of
miracles
(
if
any
humane
thing
may
beare
so
gorgious
a
title
)
surpassing
farre
her
predecessours
in
greatnes
,
happines
,
and
continuance
of
time
:
the
cause
of
which
rare
felicitie
is
no
other
in
truth
,
then
the
prescript
of
good
Lawes
,
made
by
Numa
,
and
others
,
howsoeuer
some
partially
affected
,
doe
as
their
seuerall
fansies
led
them
,
ascribe
&
attribute
the
same
to
seueral
causes
,
whose
censures
&
opinions
giue
me
leaue
by
your
patience
,
and
permission
in
humblenes
and
modestie
to
examine
.
That
saying
of
Cicero
seemeth
not
true
vnto
me
,
that
militarie
vertue
hath
purchased
to
the
people
of
Rome
credit
,
and
to
the
Citie
eternall
glory
,
and
hath
made
the
whole
world
obedient
to
that
Empyre
:
[
d
](A01292-e10470-b)
d
Cicer.
pro
Muren●
Virtus
militaris
populo
Romano
nomen
,
vrbi
aeternam
gloriam
peperit
,
orbem
terrarūparere
huic
imperio
coegit
.
nor
that
of
Lactantius
accusing
the
Romanes
of
vniustice
in
these
wordes
:
Howe
much
profit
,
differeth
from
iustice
,
the
people
of
Rome
doe
testifie
,
who
proclaiming
warre
by
their
heraults
,
and
doing
iniurie
in
forme
of
lawe
,
and
alway
desiring
other
mens
goods
,
&
altering
the
propertie
by
violence
,
haue
atchieued
to
themselues
the
possession
of
the
whole
world
:
[
e
](A01292-e10500-b)
e
Lactant.
lib.
4.
institution
c.
9.
Quantum
a
iustitia
recedat
vtilitas
,
populus
ipse
Romanus
docet
,
qui
per
faeciles
bella
indicendo
,
&
legitime
iniurias
inferendo
,
semperque
aliena
cup●endo
&
rapiendo
possessionem
sibi
totius
orbis
occupauit
.
nor
that
of
Liuie
who
is
directly
opposite
to
Lactantius
.
The
gods
(
saith
he
)
fauour
religion
and
loyaltie
,
by
which
the
Romanes
ascended
to
such
an
height
of
estate
:
[
f
](A01292-e10540-b)
f
Liuius
.
lib.
42.
Fauent
pietati
fideique
Dij
,
per
quae
populus
Romanus
ad
tantum
fastigij
venerit
.
nor
that
of
Dio
vttered
in
the
person
of
Caesar
:
Our
auncestors
did
make
our
Citie
so
great
as
now
it
is
,
by
hazarding
&
exposing
to
daunger
their
owne
wealth
as
if
it
had
beene
other
mens
goods
,
but
other
Princes
Dominions
as
belonging
vnto
them
they
did
not
doubt
to
seise
:
[
g
](A01292-e10570-b)
g
Dio
lib.
38.
Maiores
nostri
tantam
vrbem
nostram
fecerunt
,
cum
suas
fortunas
tanquam
alienam
possessionem
semper
periculis
obiecerunt
,
aliorum
autem
ditionem
tanquam
pertinentem
ad
se
haud
cunctanter
suam
facerent
.
nor
that
of
Orosius
:
The
Citie
of
Rome
like
an
vnsatiable
belly
did
deuoure
all
,
and
yet
was
alwaies
hungrie
:
For
into
her
bosome
all
the
wealth
and
treasure
of
other
nations
robbed
and
spoiled
by
the
Romanes
was
conueyed
and
transported
:
[
h
](A01292-e10590-b)
h
Oroisius
lib.
lib
5.
c
18.
Quasi
inexplebilis
venter
Roma
cuncta
consumens
,
&
semper
esuriens
,
cum
in
sinus
ipsius
euersarum
omnium
vrbium
,
nudaturumque
terrarum
abrasae
vndique
opes
cogerentur
.
whereupon
he
further
exclaymeth
.
Looke
how
happily
she
ouercommeth
,
so
vnhappily
other
nations
are
vanquished
,
and
ouercommed
:
the
happines
of
this
Citie
is
the
vnhappines
of
the
whole
world
:
O
vnhappy
world
vnder
this
conquerour
,
a
subtile
vnderminer
,
abitter
enemy
a
bloudy
tyrant
:
[
i
](A01292-e10610-b)
i
Quam
vincit
illa
foeliciter
tam
infaeliciter
quidquid
extra
est
,
vincitur
:
faelicitas
vrbis
infoelicitas
orbis
:
Infoelicem
sub
isto
victore
orbem
,
arguto
insidiatore
,
hoste
infesto
,
domin
▪
immiti
Orosius
lib.
5.
c.
1.
&
lib.
6.
c.
12.
though
Arnobius
a
man
of
great
sanctimony
doe
in
like
sort
surmise
that
this
onely
Citie
was
bred
for
the
destruction
of
all
mankind
:
[
k
](A01292-e10630-b)
k
Ciuitatem
vnam
in
humāi
generis
pernitiem
natam
.
Arnob.
adu
.
gen.
neither
doe
I
like
Claudian
his
straunge
and
paradoxicall
opinion
,
auouching
patience
to
be
the
cause
of
the
Romans
prosperity
.
Rome
(
saith
he
)
neuer
sunke
vnder
the
burden
of
mishappe
,
and
no
wound
dismaied
it
:
after
the
great
slaughter
of
Cannae
and
the
daungerous
warre
of
Trebia
,
she
did
more
lift
vp
her
head
,
&
when
flames
of
warre
did
on
each
side
beseige
her
,
and
the
enemies
ramme
menaced
the
wal
,
she
sent
her
army
into
the
farthest
and
most
remote
parts
of
Spaine
:
[
l
](A01292-e10670-b)
l
Nunquam
succubuit
dānis
,
&
territa
nullo
:
Vulnere
post
Cannas
maior
Trebiamque
fremebat
,
Et
cum
iam
premerent
flāmae
murumque
feriret
,
Hostis
,
in
extrem
▪
aciem
mittebat
Iberos
.
Claudi
.
3.
stilie
.
neither
do
I
agree
to
Florus
and
Ammianus
both
agreeing
in
opinion
.
The
people
of
Rome
(
saith
Florius
)
was
tossed
by
many
labours
&
dangers
,
so
that
vertue
and
fortune
might
seeme
to
haue
contended
for
the
procuring
of
her
soueraintie
:
[
m
](A01292-e10720-b)
m
Populus
Romanus
laboribus
periculisque
iactatus
est
,
vt
ad
cōstituēdū
eius
imperium
contendisse
virtus
&
fortuna
viderentur
.
Flor.
in
proaem
.
histor.
to
whom
Ammianus
subscribeth
,
saying
:
vertue
and
fortune
did
herein
iumpe
for
the
most
part
iarring
:
but
the
aforesaid
Claudian
being
at
another
time
better
aduised
,
doth
very
fully
&
truly
describe
the
causes
of
the
Romane
prosperity
.
Rome
was
the
mother
of
military
disciplin
and
lawes
,
&
(
by
these
meanes
)
dilated
&
stretched
her
principalitie
ouer
al
countries
,
&
prescribed
vnto
them
their
first
laws
&
orders
:
[
o
](A01292-e10790-b)
o
Armorum
legumque
parens
quae
fundit
in
omnes
Imperium
,
primique
dedit
cunabula
iuris
.
Claudi
.
3.
stilie
.
for
the
good
gouernment
Whether
your
weapons
haue
pearced
,
there
let
your
lawes
arriue
,
[
q
](A01292-e10850-b)
q
Alberi
.
Gentil
.
lib.
de
arm
.
Rom.
2.
c.
13.
as
a
good
soldier
experienced
in
warlike
affaires
,
[
s
](A01292-e10860-b)
s
Bonus
qui
rebus
interfuit
miles
.
as
a
good
Captaine
in
the
regiment
of
soldiers
,
[
t
](A01292-e10870-b)
t
Bonus
qui
rebus
praefuit
ductor
.
as
a
good
Iudge
in
the
controuersies
of
great
Princes
:
[
u
](A01292-e10880-b)
u
Bonus
qui
summis
imperatoribus
adfuit
arbiter
.
his
opinion
of
the
cause
of
the
Romane
glory
is
this
.
Fortune
onely
(
saith
he
)
did
not
purchase
to
the
Romans
the
vniuersal
Empyre
of
the
world
,
but
vertue
and
discipline
(
he
meaneth
I
doubt
not
,
the
discipline
of
religion
,
of
armes
,
and
of
law
)
being
all
of
them
fit
instruments
for
such
an
effect
:
[
w
](A01292-e10920-b)
w
Polyb.
lib.
1
Non
fortuna
Romanis
vniuersale
imperium
peperit
:
sed
virtus
,
disciplina
apta
,
ad
tantam
rem
omnia
.
and
the
law
is
prophecied
by
Anchises
that
graue
Troian
to
be
the
very
ground
and
occasion
of
the
Romane
felicitie
:
for
thus
he
saith
to
Aeneas
.
Regard
thou
(
O
Romane
)
to
gouerne
nations
by
iust
commaund
:
these
shall
be
thy
artes
,
to
bee
mercifull
to
the
meeke
,
and
sterne
to
the
proude
,
and
to
prescribe
order
to
peace
:
[
x
](A01292-e10960-b)
x
Virgil.
lib.
Acneid
6.
Tu
regere
imperio
populos
Romane
memento
▪
(
Hae
tibi
erunt
artes
)
pacique
imponere
morem
,
Parcere
subiectis
;
&
debellare
superbos
.
and
Hannoes
speach
in
the
Senate
house
of
Carthage
was
,
that
the
best
education
of
young
men
was
to
be
brought
vppe
in
the
obedience
of
Lawes
:
hee
speaketh
thus
of
Hanniball
.
I
thinke
it
most
fit
,
to
schole
and
trayne
vppe
this
younge
man
,
vnder
Lawes
and
magistrates
,
and
that
hee
shoulde
bee
taught
to
liue
in
iust
manner
amongest
others
,
leaste
from
this
little
sparke
a
greate
scale-fire
doe
growe
:
[
y
](A01292-e10990-b)
y
Ego
istum
inuenem
sub
legibus
,
sub
magistratibus
docēdum
viuere
equo
iure
cum
caeteris
censeo
,
ne
quandoque
paruus
hic
ignis
incendium
ingens
exsuscitet
.
Liuius
lib
▪
21.
and
as
lawes
haue
supported
and
vpheld
euery
estate
into
which
they
were
entertained
,
so
the
decay
of
them
hath
beene
the
desolation
and
downefall
of
all
estates
:
and
the
common-weale
of
Rome
(
if
euer
any
)
hath
tasted
the
lamentable
bitter
,
and
wonderfull
experiment
hereof
.
For
Cicero
in
the
person
of
Scipio
,
that
excellent
man
,
doth
euidently
and
amply
according
to
his
manner
describe
the
ruine
and
declining
of
the
Romane
glorie
.
Scipio
is
opinion
that
the
common-weale
cannot
be
gouerned
without
great
iustice
,
and
that
as
in
musicall
instruments
,
a
concent
or
harmonie
is
made
of
distinct
sounds
,
which
being
chaunged
and
distuned
,
the
eares
are
offended
with
an
vnplesant
iarring
:
so
of
the
principall
meane
,
and
inferior
sorts
of
men
agreeing
amongest
themselues
,
the
good
estate
of
a
Citie
doth
grow
,
and
that
which
in
musicke
is
called
harmonie
,
in
a
common-weale
is
tearmed
concord
,
which
can
neuer
be
without
iustice
:
but
when
iustice
was
obscured
&
suppressed
in
the
Romane
common-weale
,
there
was
not
then
a
vicious
common-weale
,
but
which
was
a
great
deale
worse
then
that
there
was
no
common-weale
at
all
,
but
a
apparant
disorder
,
and
confusion
.
[
a
](A01292-e11040-b)
a
Cicer.
in
Laelio
.
And
this
was
well
perceiued
by
that
ancient
writer
Ennius
,
for
he
bewailing
the
great
alteration
and
decay
of
the
Roman
common-weale
,
doth
withall
disclose
the
cause
of
that
straunge
accident
:
alas
whether
is
the
power
and
strength
of
Italy
vanished
:
into
what
a
slender
shadow
are
we
shrunke
:
the
state
of
Rome
cannot
stand
without
the
ancient
manners
,
and
magistrates
:
[
b
](A01292-e11070-b)
b
Heu
mihi
quo
latiae
vires
vrbisque
potestas
Decidit
:
in
qualem
paulati●
fluximus
vmbram
:
Moribus
antiquis
stat
res
Romana
virisque
.
Fragm.
Enn.
for
these
ancient
manners
which
he
affirmeth
to
be
wholly
preserued
and
retained
by
the
iust
gouernment
of
Magistrates
,
Cicero
auoucheth
by
way
of
comment
vpon
Ennius
his
speach
to
be
good
lawes
and
customes
.
Before
our
memorie
(
saith
he
)
our
auncestors
by
custome
did
preferre
excellent
men
to
the
Magistracie
,
and
themselues
being
worthie
men
,
did
obserue
the
auncient
customes
and
the
lawes
of
our
forefathers
,
[
c
](A01292-e11120-b)
c
Fragm.
5.
lib
Ciceron
.
de
repub.
Ante
nostram
memoriam
&
mos
ipse
patrius
praestantes
viros
adhibebat
,
&
veterum
morem
ac
maiorum
instituta
retinebant
excellentes
viri
.
and
Saint
Augustine
a
better
iudge
then
any
that
spoke
yet
,
layeth
all
the
fault
&
blame
of
the
miserable
and
wretched
estate
of
the
Romanes
vpon
the
breach
and
contempt
of
lawes
.
For
(
saith
Augustine
)
the
noble
and
vn-noble
were
put
to
death
,
not
by
laws
and
iudgement
of
Magistrates
,
but
by
quarrels
and
malice
of
minde
.
[
d
](A01292-e11160-b)
d
D.
Augusti●us
lib.
de
ciuit
.
dei
.
3.
c.
24.
Neque
enim
legibus
&
ordine
potestatum
,
sed
turbis
animorumque
conflictibus
,
nobiles
ignobilesque
necabantur
.
This
may
suffice
to
conclude
and
and
conuince
my
former
assertions
,
that
no
Common-weale
can
flourish
without
lawes
,
and
if
they
be
once
receyued
and
approoued
,
and
afterward
altered
,
defaced
,
and
trode
vnder
foote
,
such
contempt
and
carelesse
neglect
of
lawes
procureth
the
sodaine
and
final●
miserie
,
calamitie
,
and
distreputation
of
that
Common-weale
.
Nowe
heare
me
a
little
proouing
likewise
vnto
you
the
antiquitie
and
long
continuance
of
these
three
lawes
(
wherof
the
Dialogues
ensuing
doe
beare
plentifull
discourse
)
for
the
good
administration
and
regiment
of
all
Common-weales
.
The
Cannon
lawe
is
more
auncient
,
then
the
other
twayne
,
and
of
greater
continuance
.
For
amongst
the
ancient
Egyptians
priests
were
iudges
.
[
e
](A01292-e11190-b)
e
Elia
〈…〉
lib.
14.
vari
.
Histor.
c.
54.
The
Druidae
the
priestes
of
the
aunciente
Galles
,
did
iudge
of
all
controuersies
,
as
well
priuate
as
publike
,
and
for
offences
they
did
ordaine
and
inflict
punishment
,
and
if
any
man
did
not
obey
their
decree
,
they
did
interdict
him
their
sacrifices
,
which
was
the
greatest
punishment
amongest
them
:
for
all
other
did
auoid
the
speech
and
company
of
such
persons
as
a
contagious
euill
:
[
f
](A01292-e11220-b)
f
Iuli.
Caes
.
lib.
6.
com
.
Numa
Pompilius
the
second
King
of
the
Romans
instituted
a
high
priesthood
,
with
an
inferior
order
,
and
he
gaue
them
power
to
make
lawes
concerning
spirituall
things
,
without
the
controle
or
countermaund
of
any
,
and
as
a
parcel
and
member
of
religious
matters
,
they
had
in
charge
the
administration
of
poore
mens
causes
,
and
of
all
such
matters
which
in
the
Ciuill
lawe
are
called
piae
causae
.
[
g
](A01292-e11250-b)
g
Plinius
secun
:
lib.
de
viris
illustri
.
c.
3.
Eutropi
.
lib.
1.
histor.
Dionis
.
Halicarnas
.
lib.
2.
Liui
:
lib.
1.
Fenestel
.
lib.
de
sacerdot.
Rom.
Plin.
li.
13.
c.
13
Cicer.
pro
don
.
sua
&
de
aruspec
:
respon.
But
what
need
heathen
examples
,
when
the
Common-weale
,
of
Iudaea
,
that
is
Gods
owne
Common-weale
doth
afford
plentiful
example
and
authoritie
herein
.
Heli
and
Samuel
the
priests
of
God
did
gouerne
amongst
the
people
of
Israel
.
[
h
](A01292-e11280-b)
h
1.
Reg.
c.
1.
1
Reg.
c.
7.
&
8.
And
so
God
hath
expressely
commaunded
:
My
priests
shall
teach
my
people
,
what
difference
there
is
betwixt
cleane
,
and
vncleane
,
and
they
shall
iudge
my
lawes
and
my
precepts
.
[
i
](A01292-e11300-b)
i
Ezech.
c.
44
And
in
another
place
:
Aaron
,
and
the
priestes
shall
iudge
betwixt
leprosie
and
leprosie
.
[
k
](A01292-e11320-b)
k
Leuit.
13
Iosaphat
the
King
of
Iuda
,
when
he
did
appoint
Iudges
in
all
the
Cities
of
Iuda
,
he
did
appoint
also
in
Ierusalem
Leuites
and
Priests
,
that
they
might
adiudge
iustice
,
and
the
cause
of
the
Lord
vnto
the
inhabitantes
,
and
he
appointed
them
to
iudge
of
euery
cause
of
their
brethren
which
was
betwixt
kinred
&
kinred
,
whensoeuer
question
should
be
of
lawe
,
of
commaundement
,
of
ceremonies
,
of
iustifications
;
and
he
appointed
Amasias
the
high
Priest
in
these
things
,
which
belong
to
God
:
[
l
](A01292-e11350-b)
l
Paralipom.
2.
c.
19.
afterward
the
high
Priest
Iesus
Christ
did
giue
diuine
laws
&
rules
vnto
his
people
:
[
m
](A01292-e11360-b)
m
Epistol.
ad
Hebr.
c.
3.
4.
5.
8.
9.
after
him
his
Apostels
,
[
n
](A01292-e11370-b)
n
Actor
.
15.
2
ad
Theslalo
.
2.
then
Bishops
and
Prelates
in
their
dioses
,
[
o
](A01292-e11380-b)
o
De
potest
.
summ
.
pontif
.
in
Canon
:
cuncta
per
mundum
.
9.
quaesti
▪
3.
their
power
,
their
Cannons
,
their
lawes
were
approued
by
diuerse
Emperours
and
Kings
,
Philip
,
Valentinian
,
Marcus
,
Iustinian
,
Constantine
the
great
,
Honorius
,
and
Theodosius
,
[
p
](A01292-e11420-b)
p
L.
cum
.
l.
4.
de
sacros
.
eccles.
lib.
1.
C.
tit.
5.
priuileg
.
quae
general
.
l.
12.
eod.
tit:
§.
1.
in
.
ecclesiast.
tit.
in
authent
.
collat
9.
tit
.
6.
Rusin
.
lib.
10.
hist.
eccles.
c.
1.
and
many
others
:
And
by
King
Henry
the
eight
of
famous
memory
late
King
of
England
in
his
Parliament
helde
the
25.
yeere
of
his
most
prosperous
raigne
,
and
reuiued
in
the
first
yeere
of
our
renowmed
Queene
and
Soueraigne
Lady
Elizabeth
.
[
q
](A01292-e11450-b)
q
25.
H.
8.
c.
19.
1.
Elizab.
c.
1.
As
to
the
originall
of
the
Ciuill
law
I
doe
not
thinke
,
that
,
that
which
may
properly
be
called
Ciuill
lawe
,
and
was
so
called
at
the
first
,
is
any
other
then
ius
Romanum
,
or
ius
antiquum
Romanorum
,
or
that
which
hath
beene
commented
thereupon
,
or
added
thereunto
.
It
is
manifest
that
Romulus
did
establish
lawes
,
[
r
](A01292-e11490-b)
r
Dionys.
Halicarn
.
li.
3.
and
so
did
the
other
kings
that
followed
him
:
and
that
the
law
was
brought
into
a
conuenient
forme
in
these
times
,
it
is
very
apparant
by
this
,
that
M.
Tullius
being
one
of
the
dunmuirs
was
thrust
into
a
sacke
,
and
by
Tarquin
his
commandement
was
cast
into
the
sea
,
because
corrupted
by
lucre
,
and
rewarde
,
he
did
suffer
the
booke
contayning
the
secrets
of
the
sacred
lawes
of
their
Citie
,
to
be
copied
and
written
out
by
Petronius
a
Sabine
:
[
s
](A01292-e11550-b)
s
Valer.
Maxim
.
lib.
1.
c.
1.
and
P.
Papyrius
is
said
to
haue
brought
al
the
regal
laws
into
one
volume
:
[
t
](A01292-e11570-b)
t
Valer.
Maxim
.
lib.
2.
in
princip.
E●
§.
iur
.
ciuil
.
de
●eter
▪
iur
.
enudeat
.
and
for
the
perfitting
of
the
other
lawes
,
the
lawes
of
the
12.
tables
were
giuen
forth
by
the
decem-uiri
:
[
u
](A01292-e11590-b)
u
L.
1.
§
exactis
.
de
origin
.
iur
.
Diodor.
Sicul
.
12.
Dio●s
.
Halicarnas
.
lib.
2.
&
10.
which
excellent
lawes
if
they
were
well
,
and
at
large
explained
,
would
giue
such
light
&
intelligence
to
the
makers
of
lawes
,
that
nothing
(
in
my
simple
coniecture
)
more
commodious
could
euer
happen
to
any
common-weale
:
these
together
with
other
constitutions
made
vpon
principal
occasion
were
obserued
&
retained
as
the
leuil
of
the
Romane
gouernment
,
&
whereas
in
the
times
of
ciuil
dissention
they
were
repealed
or
discontinued
,
Augustus
Caesar
that
admirable
and
worthy
Emperour
did
reuiue
the
good
laws
,
&
reformed
the
badde
,
&
by
the
perfection
of
that
Common-weale
brought
about
by
him
,
the
cicle
of
the
whole
world
as
resting
vpon
that
center
became
presently
and
vniuersally
peaceable
&
quiet
:
[
a
](A01292-e11610-b)
a
Veller
:
Pater
.
c.
lib.
2
histor.
but
the
Emperours
succeeding
him
hauing
more
care
to
be
great
,
then
to
be
good
,
made
smal
reckoning
of
these
laws
,
but
by
voluntary
conceit
commanding
,
&
forbidding
,
they
rather
raged
than
raigned
,
&
the
decrees
of
some
of
them
,
namely
Tiberius
,
Caligula
,
&
Commodus
are
wittily
tearmed
of
the
lerned
ciuilian
,
furores
non
iudicia
[
b
](A01292-e11650-b)
b
Alber.
Gentil
.
lib.
lecti
.
Et
Epi.
3.
c.
18.
but
these
laws
in
the
times
of
Archadius
,
Theodosius
,
&
Iustinian
,
recouered
their
strength
,
&
shining
to
al
the
Common
weals
of
Europe
,
as
the
Sun
to
al
the
climats
of
the
earth
,
haue
for
their
worthines
,
&
necessary
vse
&
emploiment
receiued
intertainment
,
countenance
&
great
reward
of
Emperors
,
Kings
,
and
Princes
.
The
law
of
this
Realme
hath
as
the
Realme
it selfe
suffered
chaunge
by
conquest
:
yet
as
farre
as
I
can
perceiue
by
record
of
auncient
times
,
rather
reason
then
soueraignety
,
and
consent
rather
then
commaund
,
was
the
principall
agent
in
the
alteration
,
our
greatest
lawmakers
in
former
times
were
Ina
,
Alured
,
Guthran
,
Edwarde
,
Ethelstane
,
Edmund
,
Edgar
,
Ethelred
,
Canutus
:
after
their
Raignes
ended
,
and
their
lawes
established
;
K.
Edward
the
Confessor
after
his
inauguration
in
the
throne
of
England
,
finding
in
the
garden
of
the
Common-weale
some
lawes
like
to
weeds
,
others
like
to
flowers
,
as
a
diligent
bee
he
extracted
a
good
iuice
out
of
the
better
laws
,
and
the
worser
by
him
neglected
by
disusing
withered
.
King
William
the
Conqueror
hauing
wholly
subdued
this
Realme
,
perceiuing
that
his
subiects
did
with
great
applause
sauor
the
lawes
of
King
Edward
:
yet
seeing
in
them
somewhat
which
himselfe
and
others
in
politike
consideration
disliked
,
imitating
the
frugall
huswife
,
who
knoweth
that
the
best
hony
cannot
be
good
vntill
it
be
clarified
and
refined
,
singled
out
twelue
persons
out
of
euery
shire
(
imitating
perhaps
the
Romanes
,
who
appointed
decemuirs
for
the
making
of
their
lawes
:
)
Men
of
approued
skil
and
fidelity
,
who
might
by
exploration
seuer
the
drosse
from
the
the
gold
,
and
the
erronious
lawes
from
the
conuenient
and
commodious
,
[
c
](A01292-e11740-b)
c
Lambard
.
lib.
archaeon
.
adding
therunto
some
customes
of
Normandie
,
[
d
](A01292-e11750-b)
d
Lib.
des
customes
de
Norman
.
whereof
many
for
the
resonablenes
of
them
haue
to
this
day
continued
.
This
lawe
hath
had
daily
increase
,
many
of
the
olde
lawes
standing
vnaltered
,
some
of
them
by
reason
of
some
sinister
effect
or
sequele
happening
by
them
,
iustly
chaunged
,
and
others
by
reason
of
newe
accidents
adioyned
vnto
them
:
It
hath
florished
long
in
this
good
estate
,
and
of
the
continuance
and
prosperitie
of
it
,
three
reasons
in
my
shallow
conceit
may
be
rendred
.
First
,
because
it
so
agreeth
with
the
law
,
religion
,
and
discipline
of
the
holy
,
Catholike
,
and
true
Church
of
Christ
,
that
there
is
nothing
in
it
which
to
the
lawe
of
God
is
crosse
or
opposite
.
Secondly
,
because
other
nations
,
with
whom
we
haue
commerce
,
&
entercourse
,
doe
not
find
their
commodities
or
liberties
to
be
impeached
by
this
lawe
.
Thirdly
,
because
they
are
rather
popular
,
then
peremptorie
,
rather
accepted
,
then
exacted
,
and
rather
embraced
,
then
perswaded
.
And
with
this
I
conclude
,
leauing
these
lawes
to
your
further
and
more
considerate
commendation
.
Thine
in
all
duetifull
respect
.
William
Fulbecke
.
The
Table
of
the
seuerall
Titles
of
the
fifteene
Dialogues
ensuing
.
-
1
Of
Contractes
.
Fol.
1.
a.
-
2
Of
Gifts
and
Graunts
.
7.
b.
-
3
Of
Bargaines
and
Sales
.
11.
b.
-
4
Of
Seignories
and
Seruices
.
17.
b.
-
5
Of
Iointenancie
and
Tenancie
in
common
.
28.
b.
-
6
Of
Exchaunges
.
32.
a.
-
7
Of
Deuises
and
Legacies
.
34.
b.
-
8
Of
Borowing
and
Lending
.
50.
b.
-
9
Of
the
Bailement
or
Deliuerie
of
goods
and
chattels
.
54.
b.
-
10
Of
the
forme
and
manner
of
ordinarie
proceeding
in
matters
of
Law
.
57.
b.
-
11
Of
common
Wrongs
and
Trespasses
.
78.
a.
-
12
Of
vnlawfull
Assemblies
,
Riots
,
Routs
,
and
forcible
Entries
.
82.
a.
-
13
Of
Treason
and
Rebellion
.
84.
b.
-
14
Of
Homicide
that
is
Murther
,
Manslaughter
,
and
Homicide
by
chaunce
or
misfortune
.
89.
b.
-
15
Of
Theft
,
Burglarie
,
and
Robberie
.
101.
a.
The
Introduction
to
the
Dialogues
.
A
Gentleman
by
name
Nomomathes
,
with
the
ritches
,
fortunes
&
reuenewes
of
this
world
very
plentifully
furnished
,
being
liberally
minded
,
and
willing
that
his
fountaines
should
flow
forth
to
the
benefit
of
others
[
a
](A01292-e12170-b)
a
Prouerb
.
5.
vers.
16.
,
being
a
great
fauourer
of
learning
,
and
desirous
by
all
meanes
to
increase
&
aduaunce
it
,
mainteined
and
kept
with
him
continually
in
his
house
three
learned
men
,
&
greatly
addicted
to
the
studie
of
the
Lawes
,
one
of
them
named
Canonologus
a
Canonist
,
the
other
Codicgnostes
a
Doctor
of
the
ciuill
law
,
and
the
third
Anglonomophylax
a
Barrister
,
&
professor
of
the
common
law
of
this
realme
of
England
:
of
them
he
made
great
accompt
,
&
of
their
learning
aboue
all
humane
sciences
,
as
being
most
fit
and
pertinent
to
the
guiding
&
administration
of
publike
affaires
:
&
as
the
famous
Cosimus
,
Medices
,
&
Laurentius
his
nephew
[
b
](A01292-e12230-b)
b
Machia
.
lib.
7.
&
8.
Flor.
hist.
,
did
harbour
in
their
houses
at
seuerall
times
,
and
with
many
benefites
pleasured
the
two
excellent
men
&
starres
of
learning
Marsilius
Ficinus
,
and
Ioannes
Picus
Mirandula
,
being
in
their
houses
the
nurseries
of
good
learning
,
as
two
faire
flowres
in
their
naturall
roote
:
&
as
Cato
[
c
](A01292-e12270-b)
c
Plut.
in
Cat.
the
Vtican
a
long
time
before
the
family
of
Medices
was
knowne
in
Florence
,
or
Florence
was
knowne
by
the
name
,
had
continually
in
his
companie
three
worthie
philosophers
Apollonides
the
Stoike
,
Demetrius
the
Peripatetike
,
and
Cleanthes
a
cunning
Phisition
,
many
times
conferring
with
them
,
alwaies
profiting
by
them
:
so
this
Gentleman
of
whom
I
speake
,
reaping
much
good
and
benefite
by
the
persons
abouesaid
did
vse
them
exceeding
kindly
,
and
many
times
proposed
diuerse
questions
of
the
law
vnto
them
,
wherein
he
had
good
resolution
;
and
hauing
sequestred
himselfe
from
the
multitude
of
priuate
affaires
,
wherwith
he
was
often
molested
,
hauing
attained
to
a
conuenient
dispatch
and
conclusion
of
them
,
hee
allotted
certaine
times
of
purpose
for
the
hearing
of
matters
of
law
handled
and
debated
:
and
sometime
in
his
parlor
,
and
chamber
,
sometime
in
his
garden
,
and
gallery
,
he
would
giue
diligent
eare
and
attendance
to
such
disputation
&
discourse
,
hauing
set
downe
certain
rules
,
&
as
it
were
,
a
good
platforme
of
the
exercise
.
The
rules
were
but
two
in
number
,
which
were
great
in
weight
.
1.
He
willed
them
to
exclude
all
cauilling
,
to
yeeld
vnto
the
better
reason
,
&
with
ioint
indeuour
to
search
out
the
truth
of
euery
matter
proposed
:
for
he
said
that
nimiùm
altercando
amittitur
veritas
.
2.
He
would
not
(
sithence
comparisons
were
of
al
things
most
saucie
&
malepert
)
that
they
should
enter
into
any
disdainefull
comparison
of
the
lawes
which
they
professed
,
but
should
rather
vse
them
as
bretherne
,
then
as
enemies
,
and
should
reuerence
the
greatnes
of
knowledge
,
where
they
found
it
,
&
pardon
the
weakenes
when
they
had
discouered
it
,
without
bitternes
of
tongue
or
venom
of
hart
,
assuring
themselfes
that
the
meanest
of
these
Lawes
might
in
some
particular
things
profite
the
greatest
of
these
lawiers
:
for
as
he
obserued
the
sayings
&
doings
of
Cato
in
stead
of
a
law
,
so
one
of
Catoes
sententious
&
iudicious
oracles
he
had
alwaies
in
his
mouth
,
Alienam
artem
temerè
ne
contēnito
:
hauing
by
these
rules
as
by
limits
bounded
the
order
&
manner
of
there
conference
,
he
proposed
certen
things
distinctly
,
&
in
order
to
be
discussed
,
which
were
thus
by
him
marshalled
.
Because
in
the
raunge
of
all
humane
affaires
subiect
to
the
contemplation
of
law
,
contracts
haue
from
ancient
time
bene
the
ground
of
vesting
&
altering
the
property
of
things
,
he
wold
therfore
first
haue
them
to
begin
with
a
discourse
of
contracts
:
&
because
there
be
two
things
following
after
contracts
concluded
much
in
vse
namely
.
1.
a
gift
or
graunt
.
2.
a
bargaine
or
sale
,
he
would
therfore
of
these
two
haue
them
diligently
to
argue
:
&
because
gifts
haue
bene
often
made
to
raise
and
create
a
tenure
,
his
desire
was
that
in
the
4.
place
they
should
discourse
of
seignories
and
seruices
:
&
for
that
grants
or
gifts
be
made
somtime
iointly
,
or
by
moities
he
wold
haue
them
to
speak
somwhat
of
iointenants
or
tenants
in
common
:
&
because
they
that
haue
things
by
gifte
&
grant
do
often
exchange
them
,
his
mind
was
they
should
handle
the
nature
,
&
manner
of
exchanges
,
&
sithence
the
last
disposing
of
al
worldly
things
is
by
the
last
will
&
testament
of
the
party
,
he
therefore
requested
them
to
be
painful
herein
:
after
as
touching
the
conueiances
of
lands
,
which
be
in
the
realty
he
would
haue
them
to
proceede
to
personal
things
,
as
namely
to
treat
of
borrowing
and
lending
,
and
of
the
bailement
or
deliuery
of
goods
and
chattels
:
because
such
things
were
much
in
vse
.
And
because
these
and
the
precedent
matters
were
many
times
occasions
of
action
,
therefore
he
thought
it
conuenient
that
they
should
speake
somewhat
of
the
forme
and
manner
of
ordinarie
proceeding
in
matters
of
law
,
and
when
they
had
finished
this
taske
abouesaid
,
he
praied
them
to
discourse
of
penall
and
criminall
matters
,
of
common
trespasses
and
wrongs
,
and
other
offences
against
the
peace
,
the
order
of
which
he
would
hereafter
set
downe
.
The
method
of
their
conference
being
thus
digested
,
and
respit
of
studie
and
deliberation
being
giuen
,
Nomomathes
thus
spake
to
Codicgnostes
.
The
first
Dialogue
.
Of
Contractes
.
NOmomathes
.
I
pray
you
Codicgnostes
let
me
know
whether
any
persons
are
by
law
prohibited
to
make
any
contract
:
Codicg
.
The
chiefe
ground
of
contracts
is
consent
,
[
a
](A01292-e12490-b)
a
L.
1.
ff.
de
pactis
,
&
in
c.
Antig.
Eo
.
tit.
de
pact
.
&
l.
con
sens
.
ff.
de
action
.
&
oblig
.
l.
1.
ff.
manda
.
Et
l.
sicut
C.
de
actio
.
&
obli
.
so
that
the
persons
which
contract
must
be
able
to
consent
,
and
consent
groweth
of
knowledge
and
from
a
mans
free
wil
,
directed
by
sufficient
vnderstanding
:
for
he
that
knoweth
not
what
he
doth
,
can
not
be
said
to
be
willing
to
[
b
](A01292-e12510-b)
b
l.
5.
ff.
ad
leg
:
Falcid
.
l.
12
de
leg
.
and
the
contract
or
couenant
of
such
persons
is
not
ratified
by
oath
,
which
by
law
are
forbidden
to
contract
,
[
c
](A01292-e12520-b)
c
l.
non
dubium
C.
de
legib.
as
Monkes
and
Fryers
and
such
like
religious
persons
.
Canonologus
.
Indeede
such
persons
are
said
in
our
lawe
to
be
mortui
mundo
,
dead
to
the
world
,
[
d
](A01292-e12570-b)
d
16.
q.
vltim
.
c.
si
.
and
they
cannot
liue
without
their
Cloister
no
more
then
a
fish
without
the
water
,
[
e
](A01292-e12580-b)
e
16.
q.
1.
plac
.
and
he
can
haue
nothing
priuate
or
proper
to
himselfe
,
and
therefore
the
rule
of
the
Canon-law
is
Monachus
habens
aliquid
de
proprio
sepeliri
debet
in
sterquilinio
,
[
f
](A01292-e12600-b)
f
De
sta.
mo
.
c.
2.
&
C.
ad
monaster
.
Ca.
1.
&
2.
de
postula
.
16.
q.
1.
monach.
&c.
religios
.
de
procur
.
in
cler.
and
he
can
not
be
any
mans
aduocate
in
a
cause
,
or
any
mans
proxie
without
the
consent
of
his
Abbot
or
Soueraigne
,
and
that
must
be
to
the
vse
and
behoofe
of
his
monasterie
,
and
the
like
law
is
of
Friers
.
[
h
](A01292-e12610-b)
h
Cle.
dud
.
de
sepul
.
&
Cle.
ex●ri
de
parad
.
de
verbo
sig.
Nomomathes
.
But
is
there
no
difference
in
the
Lawe
,
betwixt
the
contracts
of
infants
and
the
contracts
of
Monkes
and
Friers
?
Codicgn.
Yes
very
great
:
For
Monkes
and
ture
prohibiti
,
but
inhabiles
ex
iuris
dispositione
,
and
therfore
their
contracts
may
by
oath
be
established
[
i
](A01292-e12710-b)
i
Authent
.
sacramenta
puberum
cum
tota
sua
materia
.
C.
si
aduer.
vendit
.
&
in
corpore
vnde
sumitur
.
.
Anglonomoph
.
As
the
former
Lawes
haue
very
greatly
disabled
Monkes
and
religious
persons
,
who
are
tied
to
a
certaine
rule
:
so
our
Law
hath
very
much
diminished
their
ability
,
as
to
their
intermedling
in
secular
matters
.
In
a
Scire
facias
brought
by
a
Prior
against
a
parson
out
of
a
recouery
had
against
his
predecessor
,
it
was
[
k
](A01292-e12780-b)
k
34.
H.
6.
2.
for
though
it
haue
beene
helde
that
a
Prior
perpetuall
may
prescribe
to
implead
and
to
be
impleaded
without
his
Soueraigne
,
yet
by
common
intent
a
Prior
datife
and
remoueable
at
the
will
of
the
party
shall
haue
no
action
by
such
vsage
,
but
if
he
wil
haue
any
plea
he
must
shew
some
special
matter
,
[
m
](A01292-e12810-b)
m
32.
H.
6.
5
▪
&
31.
and
a
Prior
which
was
presentable
,
and
had
Couent
and
Common
seale
,
could
not
before
the
dissolution
of
Abbeys
and
Priories
charge
his
house
in
perpetuum
,
without
the
assent
of
the
Patron
and
Ordinarie
,
neyther
could
hee
haue
the
Writte
De
aduocatione
decimarum
,
nor
a
iuris
vtrum
,
[
n
](A01292-e12850-b)
n
12.
H.
4.
Stath
.
tit.
Charge
.
and
a
writte
was
abated
beyng
brought
against
a
Prioresse
,
because
the
Prior
of
S.
Iohnes
was
commaunder
of
the
house
whereof
shee
was
Prioresse
,
and
because
she
was
made
Prioresse
by
him
,
and
was
vnder
his
obedience
,
and
remoueable
at
his
will
,
notwithstanding
that
shee
had
Couent
and
Common
seale
and
had
her
possessions
seuerall
,
and
was
wonte
to
Lease
the
lande
for
tearme
of
yeares
,
[
o
](A01292-e12870-b)
o
12.
R.
2.
Nonabilitie
.
4.
and
if
a
contract
bee
made
with
an
Abbotte
and
his
Monke
,
the
writ
that
hath
beene
grounded
vpon
this
contract
hath
bene
brought
against
the
Abbot
onely
,
[
p
](A01292-e12880-b)
p
33.
E.
3.
B●●
913.
2.
H.
4.
21.
and
so
hath
a
writte
of
Detinue
bene
brought
being
conceiued
vpon
a
deliuery
of
goods
made
to
the
Monke
to
the
vse
of
the
Abbot
,
[
q
](A01292-e12890-b)
q
Ibidem
.
yet
it
hath
bene
thought
that
an
action
will
lie
against
a
Monke
,
if
he
be
not
in
subiection
to
some
Soueraigne
.
[
r
](A01292-e12900-b)
r
14.
H.
4.
37.
But
it
hath
bene
taken
for
a
general
learning
with
vs
that
Monkes
&
Friers
,
&
Canons
professed
&
the
like
,
could
not
grant
any
thing
,
[
s
](A01292-e12910-b)
s
14.
H.
8.
16.
2.
R.
3.
5.
32.
H.
6.
31.
neither
could
they
be
grauntees
of
any
thing
,
[
t
](A01292-e12920-b)
t
5.
H.
7.
25.
19.
H.
6.
25.
neither
are
they
capable
by
way
of
deuise
,
[
u
](A01292-e12930-b)
u
Perk.
tit
.
Deuis
.
sect.
537
&
the
couent
of
an
Abbey
or
Priorie
can
yeeld
so
little
aduantage
to
the
house
in
matter
of
purchase
,
that
if
in
former
times
land
had
beene
giuen
to
an
Abbot
and
to
his
couent
,
this
could
not
be
good
saue
onely
during
the
life
of
the
Abbot
for
the
want
of
this
word
(
successors
)
[
a
](A01292-e12940-b)
a
11.
H.
4.
84.
●
Curi
.
but
touching
the
abilitie
of
infants
in
contractes
and
purchases
the
Lawe
is
diuerse
according
to
the
diuersitie
of
cases
,
and
if
an
infant
do
buy
of
any
a
coate
or
necessarie
vestment
for
a
certaine
summe
,
or
if
he
make
a
couenant
for
his
meate
paying
12.
d.
a
weeke
according
to
M.
Paston
his
opinion
,
this
couenant
is
void
,
yea
and
if
[
b
](A01292-e12980-b)
b
21.
H.
6.
31.
18.
E.
4.
2.
Perk.
Grau
.
4.
D.
S.
dial.
2.
fo.
113.
and
by
M.
Brookes
opinion
this
is
the
better
Law
,
[
c
](A01292-e13000-b)
c
Br.
Labourers
30.
and
if
an
infant
lease
land
for
tearme
of
yeares
rendring
a
rent
,
or
doe
sell
a
horse
or
[
d
](A01292-e13020-b)
d
18.
E.
4.
2.
and
if
an
Infant
make
an
Obligation
or
Lease
in
writing
and
enseale
it
,
and
deliuer
it
to
a
straunger
as
a
scrowle
to
deliuer
to
him
to
whom
it
is
made
when
the
infant
commeth
to
full
age
as
his
deed
,
and
the
straunger
doth
it
,
this
is
voide
,
because
it
is
done
by
a
commaundement
,
which
is
void
,
[
e
](A01292-e13030-b)
e
27.
H.
6.
7.
for
the
commandement
or
assent
of
an
infant
is
voide
in
law
[
f
](A01292-e13040-b)
f
11.
Ass.
pl.
14
,
so
that
a
difference
is
to
be
held
,
where
an
infant
passeth
away
a
thing
to
an
other
by
liuery
in
facto
and
where
not
:
for
in
the
one
case
the
gift
or
conueyance
is
voidable
onely
,
in
the
other
it
is
void
to
all
intents
.
For
if
an
infant
make
a
lease
for
tearme
of
yeares
or
a
lease
by
dures
,
if
the
lessee
enter
,
the
infant
may
haue
an
assise
,
but
if
the
infant
make
a
feoffement
and
deliuer
seisin
accordingly
,
he
shall
haue
no
assise
,
for
by
the
liuery
of
seisin
the
feoffee
had
a
possession
at
will
at
the
least
:
but
if
hee
make
a
letter
of
attorney
to
deliuer
seisin
he
may
haue
an
assise
,
[
g
](A01292-e13060-b)
g
9.
H.
7.
24.
&
2.
Mar.
109.
Dyer
,
Rug.
case
but
where
any
man
doth
a
thing
which
is
for
the
profite
of
an
infant
he
shall
not
bee
punished
as
a
trespasser
,
as
if
an
infant
commaunde
one
to
repayre
his
houses
and
he
doth
it
,
this
shall
excuse
him
in
an
action
of
trespasse
.
[
h
](A01292-e13070-b)
h
13.
H.
7.
17.
●
Keble
.
Nomomathes
.
You
haue
spoken
sufficiently
Anglonomop
.
It
hath
bene
held
in
our
bookes
that
if
a
man
haue
a
Baily
or
seruaunt
who
is
[
i
](A01292-e13180-b)
i
2.
R.
2.
Dette
3.
per
Curi
.
and
it
[
k
](A01292-e13200-b)
k
4.
E.
2.
Dette
168.
and
Pigot
his
opinion
is
that
if
one
make
an
other
man
his
Factor
to
buy
thinges
for
him
,
if
hee
buy
Merchandize
of
any
,
the
Maister
shall
be
charged
by
this
contract
though
the
goods
neuer
came
to
his
possession
,
because
hee
hath
giuen
vnto
him
such
a
power
,
[
l
](A01292-e13220-b)
l
8.
E.
4.
1.
&
9.
Dutches
de
Suffolkes
case
,
per
Pigot
.
But
in
the
eightenth
yeare
of
King
Edwarde
the
second
a
man
was
bound
in
a
recognisance
to
S.
to
paie
at
a
certaine
daie
,
at
which
daie
the
Reconusor
came
and
proferred
the
monie
in
Court
,
and
because
S.
was
in
the
Kinges
seruice
[
m
](A01292-e13250-b)
m
18.
E.
2.
Execut
245.
so
in
an
action
of
dette
brought
vpon
an
obligation
the
defendant
did
confesse
the
deed
,
and
saide
that
he
had
paid
the
summe
to
one
C.
the
generall
receyuor
of
the
plaintife
,
and
hee
made
thereof
an
acquittaunce
which
hee
shewed
foorth
to
the
Court
,
but
because
hee
had
acknowledged
the
obligation
,
and
had
shewed
no
warrant
of
the
plaintife
,
to
pay
the
sayd
money
to
C.
so
that
the
acquittance
which
was
shewed
,
could
not
bee
the
deede
of
the
plaintife
,
The
Courte
awarded
that
the
plaintife
should
recouer
his
dette
and
his
dammages
,
[
n
](A01292-e13260-b)
n
5.
E.
●
.
63.
but
as
to
a
mans
seruaunt
I
take
the
Lawe
to
bee
that
his
contract
shall
extend
to
his
Maister
,
as
well
for
preiudice
as
aduauntage
,
And
therefore
if
a
mans
seruant
sell
to
one
certaine
clothe
,
and
warrant
it
to
bee
of
a
certaine
length
the
action
will
lie
against
the
Maister
onely
,
and
not
against
the
seruaunt
,
and
if
A.
doe
assume
to
cure
B.
of
a
wound
and
hee
sendeth
his
seruaunt
to
B.
to
lay
medicines
to
the
wound
,
whereby
hee
is
hurte
and
empayred
,
B.
can
not
haue
his
action
vpon
the
case
against
the
Seruaunt
but
against
the
Maister
,
[
o
](A01292-e13270-b)
o
11.
E.
4.
6.
p
▪
Choke
&
Brian
and
of
late
time
the
Lord
North
being
Chauncellour
of
the
augmentation
Courte
,
deliuered
an
Obligation
made
to
Queene
Marie
to
his
Seruaunt
to
deliuer
ouer
to
the
Clarke
of
the
augmentations
,
the
Obligee
and
the
Seruaunt
did
conspire
and
cancell
the
Obligation
,
the
Maister
was
helde
in
this
case
to
bee
chargeable
.
[
p
](A01292-e13290-b)
p
5.
Mari.
161.
Dyer
per
Iustitia●
.
Nomomath
.
You
haue
satisfied
mee
touching
Anglonomoph
.
In
an
action
of
debt
brought
against
husband
and
wife
,
and
an
other
,
vpon
[
q
](A01292-e13400-b)
q
34.
E.
3.
Briefe
923.
and
if
the
husband
and
the
wife
doe
borowe
money
,
this
shall
be
accompted
the
borowing
of
the
husband
onely
,
[
r
](A01292-e13410-b)
r
33.
E.
3.
Briefe
913.
and
if
a
mans
wife
doe
buy
goods
of
one
to
the
vse
of
her
husband
,
the
wife
is
not
in
such
case
to
be
named
in
the
writte
,
that
is
to
be
brought
hereupon
.
[
s
](A01292-e13420-b)
s
2.
H.
4.
21.
p.
Markeham
.
Codicgn.
By
our
Law
,
no
mans
contract
made
[
ss
](A01292-e13470-b)
ss
C.
&
ff.
de
pact
.
in
congr
.
tit.
Nomom
.
You
haue
shewed
vnto
me
aboundantly
,
how
contracts
may
stand
good
,
and
how
they
may
be
infringed
by
reason
of
the
persons
,
which
are
parties
or
agents
in
the
stipulation
or
contract
and
efficient
causes
thereof
,
by
reason
of
their
ability
or
disability
possitiuely
set
down
in
Law
,
now
I
would
haue
you
proceed
to
declare
how
by
the
materiall
causes
of
contracts
,
they
may
stand
or
fall
.
Codicgn.
A
contract
hath
a
materiall
substance
4.
Diuision
.
1
How
contractes
may
stand
or
fal
by
their
material
causes
,
or
the
defect
of
them
.
whereof
it
is
made
,
as
well
as
other
thinges
,
and
the
materiall
cause
of
a
contract
is
the
thing
for
which
wee
doe
contract
:
for
as
in
mechanicall
and
artificiall
thinges
there
is
required
some
apt
matter
,
[
t
](A01292-e13560-b)
t
D.
L.
adeo
§.
cum
quid
.
whereof
a
thing
may
be
wrought
,
so
in
contracts
and
conuenants
as
well
these
which
are
determinable
by
the
Law
of
nations
,
as
these
which
are
sentenced
by
the
Ciuil
Law
and
other
Lawes
,
to
the
end
they
may
be
well
perfited
and
Nomom
.
Why
,
are
any
contractes
ordered
by
5.
Diuision
.
1
Some
contracts
are
ordered
by
the
law
of
Nations
.
the
Law
of
Nations
?
Codicgn.
Yea
,
for
by
that
Law
an
Embassador
may
be
impleaded
for
such
contracts
as
he
maketh
during
the
time
of
his
Embassage
,
least
(
as
Iulianus
[
a
](A01292-e13690-b)
a
L.
25.
D.
de
iud.
or
(
as
Paulus
reasoneth
plainely
and
pithily
)
least
men
fearing
to
contract
with
them
,
if
they
be
not
in
this
regarde
subiect
to
Lawe
,
they
be
excluded
from
all
commerce
and
entercourse
of
bargaine
:
[
b
](A01292-e13710-b)
b
L.
24.
de
min.
l.
11.
ad
Vell.
l.
12.
de
adm.
tu
.
and
this
Law
is
supported
by
that
excellent
rule
of
equitie
,
that
no
man
ought
to
growe
ritcher
by
an
other
mans
losse
,
and
if
one
that
is
no
Embassador
doe
contract
with
one
,
and
after
bee
made
an
Embassador
,
yet
he
is
now
chargeable
with
the
contract
:
likewise
an
action
will
lye
against
an
Embassador
by
the
Law
of
Nations
if
hee
couenant
to
performe
a
thing
when
hee
is
Embassador
,
if
it
so
fall
out
that
the
charge
and
credit
of
Embassage
be
committed
vnto
him
.
[
c
](A01292-e13720-b)
c
L.
3.
D.
de
lega
:
African
.
L.
2.
p.
1.
de
iud.
Nomom
.
I
am
verie
desirous
to
knowe
,
Codignostes
6.
Diuision
.
1
Whether
contracts
made
with
Pirats
or
robbers
in
the
high
way
be
good
in
Law
.
whether
contractes
made
with
Pirats
and
with
robbers
by
the
high
way
are
auaileable
&
of
force
by
the
Ciuil
law
,
or
the
Law
of
nations
.
Codig
.
I
doe
not
thinke
that
Pirates
and
robbers
are
to
haue
aduantage
by
any
Lawe
in
matter
of
contract
,
because
they
haue
cast
aside
all
care
of
humane
societie
,
and
seeke
to
reduce
the
world
as
much
as
lieth
in
their
power
,
to
the
pristinate
wildnes
and
sauagnes
of
nature
,
when
men
did
liue
like
beastes
,
and
as
Lucretius
sayeth
.
[
d
](A01292-e13830-b)
d
Lucret.
li.
5.
Quod
praedae
obtulerat
fortuna
cuique
,
ferebat
Sponte
sua
sibi
quisque
valere
&
viuere
doctus
.
And
such
persons
may
not
enioy
the
benefitte
of
[
e
](A01292-e13910-b)
e
Paul
.
l.
63.
ad
leg
.
Falc
.
To
such
men
which
haue
withdrawne
themselues
from
the
communion
and
societie
of
men
,
and
(
as
Florus
[
e
](A01292-e13930-b)
e
Flor.
lib.
3.
sayeth
)
haue
broken
the
league
of
mankind
,
why
shoulde
the
Lawe
of
nations
,
which
is
nothing
els
but
the
communion
,
and
league
of
nations
extende
any
fauour
.
Pirates
(
as
Plinie
saieth
)
are
enemies
to
all
men
liuing
:
[
f
](A01292-e13950-b)
f
Plini
lib.
2.
ca.
46.
and
therefore
Cicero
auoucheth
,
that
if
thou
doest
not
bring
to
robbers
or
Pirates
,
the
raunsome
which
thou
hast
promised
for
thy
life
,
there
is
neither
offence
nor
fraudulent
dealing
in
thee
,
no
though
thou
hast
promised
with
an
oathe
.
[
g
](A01292-e13970-b)
g
Cicer.
pro
leg
.
Manil.
&
3.
de
offic.
Therefore
some
doe
wonder
that
D.
Hotoman
dare
affirme
,
[
h
](A01292-e13990-b)
h
Hotom
.
7.
Illust.
question
.
that
the
Nomom
.
I
will
not
trouble
you
farther
Codicg
.
Anglonomo
.
A
consideration
which
is
the
proper
[
i
](A01292-e14110-b)
i
10.
E.
4.
18.
and
M.
Choke
is
of
opinion
that
if
you
buy
of
one
a
horse
in
Smithfield
for
a
certaine
summe
of
money
,
and
doe
not
pay
him
the
money
presently
,
hee
may
sell
the
horse
to
any
other
incontinent
,
and
you
can
not
haue
any
remedy
against
him
,
for
otherwise
hee
might
bee
compelled
to
keepe
his
horse
for
euer
against
his
will
,
[
k
](A01292-e14130-b)
k
17.
E.
4.
1.
per
Choke
.
For
it
is
implyed
in
the
bargaine
that
the
vendee
must
pay
the
money
incontinent
,
otherwise
he
cannot
haue
the
thing
solde
,
but
if
the
payment
bee
respited
vnto
a
certaine
day
vpon
the
contract
this
is
good
ynough
,
so
that
the
money
[
l
](A01292-e14150-b)
l
21.
H.
7.
6.
and
28.
H.
8.
it
is
positiuely
set
downe
for
Lawe
that
a
contracte
is
not
good
without
present
payment
vnlesse
a
certaine
day
of
payment
bee
limited
,
so
that
the
one
of
them
may
haue
an
action
of
debt
for
the
money
,
the
other
a
writ
of
Detinue
for
the
wares
:
[
m
](A01292-e14160-b)
m
28.
H.
8.
30.
Dyer
.
An
implied
consideration
is
when
the
Law
it selfe
doth
intende
and
enforce
a
consideration
,
and
therefore
the
Hoste
of
a
common
Inne
may
deteine
a
mans
horse
if
he
wil
not
pay
him
for
his
horse
meate
:
And
so
if
a
Taylor
make
a
gowne
for
any
man
he
may
deteine
the
gowne
till
he
be
paied
for
his
labour
.
[
n
](A01292-e14170-b)
n
5.
E.
4.
2.
Nomomat
.
Doth
not
the
defect
of
forme
in
8.
Diuision
.
1
Whether
the
defect
of
forme
doe
destroy
the
contract
.
a
contract
frustrate
and
defeate
the
contract
.
Codign
.
Yes
:
for
as
the
substanciall
fourme
in
materiall
things
is
necessary
to
the
essence
and
constitution
of
such
things
:
[
o
](A01292-e14260-b)
o
ff.
ad
exti●b
.
l.
Iulian.
§.
&
l.
falsi
.
l.
si
is
qui.
§.
quidem
.
so
in
contractes
a
[
p
](A01292-e14280-b)
p
ff.
de
verb.
obligat'
l.
sciend
.
&
l.
continuus
in
princip.
Eo
.
l.
§.
si
quis
ita
.
and
without
such
ceremoniousnes
the
contract
is
of
no
force
.
Anglonomo
.
Our
law
likewise
requireth
forme
either
in
pronouncing
the
wordes
of
the
contract
,
or
els
in
obseruing
some
other
circumstances
belonging
to
the
contract
.
For
the
first
,
if
a
man
promise
to
another
xx
.
li.
with
his
daughter
in
maryage
,
if
he
marrie
the
daughter
and
the
money
be
not
paied
he
shall
not
haue
any
action
of
debt
,
or
action
vpon
the
case
at
the
Common
Law
,
but
he
must
sue
for
this
money
in
the
Spirituall
[
q
](A01292-e14330-b)
q
Fitz.
nat.
br.
44.
a
,
14.
E.
4.
6.
Reg.
46.
&
48.
15.
H.
3
Prohibition
22.
16.
H.
3.
Prohi
.
24.
For
here
is
no
good
forme
of
contract
:
and
(
as
Master
Bracton
sayeth
)
Matrimonium
est
principale
,
&
eiusdem
iuris
,
id
est
iurisdictionis
esse
debet
accessorium
.
[
r
](A01292-e14360-b)
r
Bracton
lib.
5.
cap.
16.
And
therefore
if
a
man
by
reason
of
matrimonie
or
testament
doe
acknowledge
in
a
Spiritual
Court
that
he
ought
to
pay
to
one
a
hundreth
markes
,
or
some
other
summe
at
a
certaine
day
,
if
the
money
bee
not
payed
at
the
day
accordingly
,
he
may
be
sued
for
this
money
in
the
Spirituall
Court
,
and
no
prohibition
lyeth
,
[
s
](A01292-e14370-b)
s
Fitz.
na.
br.
41.
b.
but
if
in
the
former
case
he
had
promised
one
x.
li.
if
he
would
marrie
his
daughter
,
if
he
doe
marry
his
daughter
and
the
other
will
not
pay
the
money
hee
may
not
sue
him
in
the
Spirituall
Court
for
this
money
,
but
at
the
Common
Law
,
[
t
](A01292-e14380-b)
t
Fitz.
na.
br.
44.
a
,
et
22.
Ass.
pla.
70.
p
Tho.
&
16.
H.
3.
Prohibit
.
22.
for
now
it
goeth
in
fourme
of
contract
,
as
for
the
other
matter
where
forme
is
required
in
obseruing
some
other
circumstance
in
the
contract
,
that
may
appeare
by
this
case
:
if
a
felon
sell
a
horse
without
couin
in
a
market
ouert
,
this
doth
alter
the
propertie
,
and
the
verie
proprietary
cannot
haue
restitution
of
the
horse
notwithstanding
the
statute
of
21.
H.
8.
c.
11.
but
if
he
had
solde
him
out
of
a
market
ouert
the
propertie
had
not
bin
altered
.
[
u
](A01292-e14390-b)
u
33.
H.
6.
5.
18.
E.
4.
24.
7.
H.
7.
12.
Crompt
.
Iust.
de
Peace
172.
Nomom
.
I
will
trouble
you
no
further
in
this
matter
,
but
will
proceede
to
inquire
somewhat
touching
Gifts
and
Graunts
.
The
second
Dialogue
of
Gifts
and
Graunts
.
NOmomathes
.
In
handeling
the
learning
1.
Diuision
.
1
What
things
may
be
giuen
or
graunted
.
of
Gifts
and
Graunts
,
I
think
it
most
fit
in
the
first
place
to
be
inquired
what
things
may
be
giuen
or
graunted
,
wherefore
first
I
pray
you
satisfie
me
in
this
.
Codicgn.
A
man
may
giue
all
such
thinges
as
[
a
](A01292-e14550-b)
a
l.
in
aedibus
§.
fi.
ff.
Eo
.
tit.
for
dare
&
accipere
sunt
correlatiua
:
and
all
such
things
may
be
receiued
which
lie
in
commerce
.
Nomomat
.
Then
thinges
consecrated
and
ecclesiasticall
may
not
be
aliened
,
because
they
lye
not
in
contract
.
Canonologus
,
Thinges
ecclesiasticall
though
they
[
b
](A01292-e14640-b)
b
Cap.
2.
de
donation
:
&
Eod.
tit
.
de
re.
ecclesi
.
non
alien
.
in
antiquis
6.
&
Cle.
&
in
c.
sine
except
:
cap.
si
quisquis
12.
q.
2.
&
in
l.
Iubemus
cum
suis
authen
.
C.
de
sacrosan
.
eccle.
and
I
did
vse
this
worde
(
regularly
)
because
where
such
alienation
may
bring
profit
to
the
Church
,
it
shall
be
of
force
.
[
c
](A01292-e14650-b)
c
In
dict.
iur
.
Anglonomo
.
In
our
Lawe
a
writ
of
Contraformam
alienationis
lyeth
where
a
man
gaue
landes
or
tenements
to
an
Abobt
or
house
of
Religion
before
the
Statute
of
Quia
emptores
terrarum
,
to
holde
of
him
in
frankalmoigne
,
and
after
the
[
d
](A01292-e14750-b)
d
Fitz.
na.
br.
210.
f.
and
this
writ
of
Contra
formam
collationis
lyeth
not
,
though
the
Abbot
doth
alien
in
fee
,
vnlesse
the
Abbot
and
the
Couent
doe
alien
in
fee
,
[
e
](A01292-e14770-b)
e
19.
E.
3.
Contra
formam
collationis
.
5.
Fitz.
nat.
br.
211.
c.
and
if
an
Abbot
with
the
Couent
doe
alien
an
Aduowson
in
fee
,
at
the
next
auoydance
the
foundor
or
his
heire
may
present
to
the
aduowson
,
because
they
cannot
in
such
case
sue
a
Contra
formam
collationis
.
[
f
](A01292-e14800-b)
f
20.
E.
3.
Contra
form
.
collat.
6
Nomom
.
Let
me
know
I
pray
you
how
many
Anglonomoph
.
They
be
of
diuerse
sortes
:
some
[
g
](A01292-e14950-b)
g
26.
H.
8.
1.
per
Fitz.
and
whereas
the
Queene
ex
certa
scientia
,
&
mero
motu
doth
confirme
a
graunt
,
supposing
that
a
graunt
was
made
before
,
where
in
truth
there
was
no
such
thing
,
it
is
held
that
her
highnes
shall
be
concluded
to
say
,
that
no
such
graunt
was
made
:
otherwise
it
had
bin
if
this
worde
(
informamur
)
had
[
h
](A01292-e14990-b)
h
9.
H.
7.
2.
For
if
her
highnesse
graunt
any
thing
vpon
the
false
suggestion
of
the
partie
,
this
graunt
is
voide
,
because
shee
is
deceiued
in
her
graunt
,
[
i
](A01292-e15000-b)
i
11.
E.
4.
1.
per
Littlet'
.
and
wee
haue
a
rule
:
Si
suggestio
non
sit
vera
,
literae
patentes
sunt
vacuae
.
[
k
](A01292-e15020-b)
k
3.
H.
7.
6.
For
when
the
graunt
is
made
vpon
the
suggestion
of
the
partie
,
the
wordes
of
the
graunt
shal
be
taken
strictely
,
but
when
it
is
ex
mero
motu
it
must
be
construed
and
interpreted
according
to
the
Kings
intent
,
and
as
fauorably
for
the
grauntee
as
reason
will
permitte
,
[
l
](A01292-e15040-b)
l
21.
E.
4.
25.
Abbe
de
Walthams
case
per
Browne
&
Genney
.
and
if
a
common
person
do
without
consideration
giue
to
I.
S.
his
goods
(
indefinitly
)
al
his
goods
do
passe
,
and
if
a
common
person
doe
by
deede
enrolled
enfeofee
the
Queene
of
his
lands
without
any
consideration
,
the
Queene
shal
be
seised
to
her
owne
vse
,
as
hauing
such
prerogatiue
in
her
person
,
that
she
shall
not
bee
seised
to
the
vse
of
any
other
.
[
m
](A01292-e15050-b)
m
28.
H.
8.
7.
Dyer
Bokenhams
case
per
Knightley
.
Gifts
made
vpon
consideration
may
be
explained
by
cases
likewise
drawne
out
of
our
bookes
,
though
in
a
common
persons
case
the
consideration
which
is
mencioned
be
false
,
yet
the
vse
shall
be
to
the
feoffees
as
appeareth
by
Wilkeses
case
,
who
reciting
by
his
deede
falsely
in
perpetuum
:
afterwarde
by
Office
it
was
founde
that
Wilkes
was
seised
of
the
lande
,
and
that
he
helde
in
Capite
,
and
I.
was
founde
to
bee
his
heire
and
of
full
age
:
yet
it
was
helde
that
the
heire
should
not
be
receiued
to
auerre
the
consideration
false
against
the
acknowledgement
of
his
auncestor
:
[
n
](A01292-e15090-b)
n
1.
Eliz.
169.
Dy.
Wilk
.
case
.
and
so
it
hath
beene
helde
in
Villiers
his
case
,
that
where
money
is
the
consideration
expressed
an
other
consideration
shal
not
be
auerred
,
neither
shal
a
Causa
[
o
](A01292-e15140-b)
o
4.
Mar.
146.
Dy
,
Villier
case
And
though
the
consideration
be
not
valuable
,
yet
it
may
bee
a
good
consideration
to
raise
or
to
alter
an
vse
:
for
in
Sharingtons
case
it
hath
bin
adiudged
,
that
the
affection
of
the
father
for
the
prouision
for
the
heires
males
which
he
may
beget
,
and
the
affection
which
he
hath
that
the
lande
may
remaine
in
his
bloud
and
name
,
be
[
p
](A01292-e15180-b)
p
8.
Eliz.
298.
Com̄:
Sheringtons
case
.
And
so
betwixt
brethren
pro
fraterno
amore
is
a
good
consideration
to
raise
an
vse
,
[
q
](A01292-e15200-b)
q
13.
Eliz.
302.
Dyer
.
and
a
man
leuied
a
fine
to
the
vse
of
himselfe
,
and
such
wife
or
wifes
as
he
should
marry
,
and
after
hee
tooke
to
wife
A.
she
shal
take
in
iointure
being
by
way
of
vse
,
otherwise
it
had
beene
by
estate
executed
.
[
r
](A01292-e15210-b)
r
10.
Eliz.
274
Dy.
per
Wray
,
Mead
,
Plowden
,
&
Ownslaw
,
&
3.
Eliz.
100.
Dame
Brayes
case
.
Conono
.
By
our
law
a
man
cannot
giue
any
thing
to
the
common
weale
without
consideration
,
but
to
a
priuate
person
he
may
.
[
rr
](A01292-e15250-b)
rr
l.
hoc
iure
in
princi
.
ff.
de
donat.
Gl.
in
d
:
l.
hoc
iure
:
et
l.
Campanus
ff.
de
oper:
libert
:
Ganonal
.
By
the
Cannon
Lawe
nudum
pactum
doth
binde
the
partie
,
especially
being
confirmed
by
an
othe
:
much
more
a
bare
donation
.
[
rrr
](A01292-e15300-b)
rrr
c.
1.
de
pact
.
Nomom
.
As
to
the
point
of
consideration
wee
Anglonomoph
.
When
a
graunt
is
non-certaine
,
[
s
](A01292-e15400-b)
s
9.
H.
6.
12.
p
Babingt
.
and
if
a
deede
of
graunt
be
good
in
parcell
,
and
[
t
](A01292-e15420-b)
t
20.
E.
4.
8.
p
Towns
.
14.
H.
4.
30.
p
Hank
.
And
if
an
annuitie
be
graunted
pro
consilio
impendendo
,
though
the
grauntee
be
well
skilled
in
diuerse
sciences
or
faculties
,
yet
counsel
shal
be
giuen
in
that
facultie
only
,
which
was
intended
at
the
time
of
the
graunt
,
[
u
](A01292-e15440-b)
u
41.
E.
3.
6.
Annuit●e
19.
But
in
some
cases
the
graunt
must
be
construed
according
to
a
reasonable
and
indifferent
intendment
,
as
if
a
man
make
a
lease
of
a
house
,
so
that
the
lessee
may
make
his
profit
of
the
houses
within
it
,
the
lessee
cannot
in
this
case
take
downe
or
demolishe
the
houses
,
nor
make
wast
in
them
,
for
the
intent
was
not
so
,
[
a
](A01292-e15450-b)
a
17.
E.
3.
17.
but
if
the
King
graunt
to
me
visum
franciplegij
in
omnibus
terris
meis
,
&
feadis
,
I
cannot
haue
this
in
any
landes
and
tenements
,
which
I
shall
afterwards
purchase
,
[
b
](A01292-e15470-b)
b
38.
H.
6.
10.
But
[
c
](A01292-e15490-b)
c
Ibid
:
And
so
is
the
Law
of
Tenths
and
fifteenes
,
[
d
](A01292-e15500-b)
d
19.
H.
6.
62.
21.
H.
6.
43.
21.
E.
4.
45.
and
he
to
whom
the
King
graunteth
a
licence
may
not
vary
from
the
proper
sense
&
the
significancy
of
the
words
.
[
e
](A01292-e15510-b)
e
18.
E.
2.
Fines
124.
And
if
the
king
before
the
dissolution
of
Monasteries
had
licenced
an
Abbot
and
his
Couent
to
make
a
feoffement
,
if
the
Abbot
onely
had
made
it
the
feoffement
had
beene
voide
,
[
f
](A01292-e15520-b)
f
21.
H.
7.
8.
And
3.
Ed.
3.
the
King
licenced
one
to
leuie
a
fine
of
the
mannour
of
Dale
,
to
the
intent
to
maintayne
two
Chaplaines
,
and
hee
woulde
haue
leuied
the
fine
omitting
the
Chapleines
,
but
was
not
suffered
,
[
g
](A01292-e15530-b)
g
3.
E.
3.
5.
and
30.
Edward
3.
the
licence
was
to
leuie
a
Fine
of
the
Mannour
of
Dale
,
and
hee
woulde
haue
leuied
the
Fine
with
a
foreprise
or
exception
of
certaine
acres
,
parcell
of
the
Mannour
,
rendering
rent
,
but
was
not
admitted
to
it
,
because
it
coulde
not
stande
with
the
licence
,
which
was
that
all
the
Manour
should
bee
charged
with
the
rent
,
[
h
](A01292-e15540-b)
h
30.
E.
3.
17.
So
if
the
Queene
licence
one
to
make
a
Feoffement
by
deede
,
he
cannot
make
it
without
deede
,
[
i
](A01292-e15550-b)
i
21.
H.
7.
8.
per
Frowike
.
and
this
Lawe
holdeth
likewise
in
a
common
persons
case
,
for
if
hee
that
hath
a
warrant
of
Attourney
to
deliuer
seisin
absolutely
,
doe
deliuer-seisin
vpon
condition
this
is
a
disseisin
to
the
feoffour
,
[
k
](A01292-e15560-b)
k
12.
Ass.
p●
24
And
a
graunt
is
not
to
bee
fauoured
contrarie
to
the
euident
&
perspicuous
sense
of
the
words
.
[
l
](A01292-e15580-b)
l
27.
H.
6.
10.
The
aduowson
of
the
Hospitall
of
Saint
Katherins
is
appendant
to
the
Mannour
of
B.
the
Hospitall
being
voide
the
Queene
graunteth
manerium
ac
omnes
aduocationes
cum
pertinentijs
,
the
present
presentment
doth
not
passe
:
[
m
](A01292-e15600-b)
m
13.
Eliz
▪
300.
Dyer
.
for
it
is
fructus
aduocationis
,
and
not
the
aduowson
it selfe
.
[
n
](A01292-e15620-b)
n
11.
Elizab.
283.
Dyer
.
Codicgn.
The
words
of
a
graunt
are
to
bee
taken
most
strictly
against
the
grauntor
,
because
[
nn
](A01292-e15660-b)
nn
Phil.
Deci.
in
Comm.
ad
Regul.
iur
.
he
might
haue
expressed
his
meaning
in
more
full
,
large
,
and
manifest
words
.
Nomom
.
Nowe
resolue
me
whether
a
graunt
Anglonomoph
.
In
no
sorte
:
for
if
there
bee
[
o
](A01292-e15770-b)
o
5.
E.
3.
34.
and
if
a
man
lease
lande
to
the
husbande
and
wife
duringe
their
liues
,
and
after
graunteth
the
reuersion
of
the
lande
which
the
husbande
holdeth
for
terme
of
life
,
and
then
attournement
is
had
,
the
graunte
is
voide
,
and
the
attournement
also
.
[
p
](A01292-e15780-b)
p
13.
E.
3.
Bro
▪
Iointen
.
63.
And
if
a
man
be
bound
to
a
Fem̄
sole
,
and
a
straunger
releaseth
to
the
obligour
,
and
after
maryeth
the
feme
,
yet
the
release
is
not
good
.
[
q
](A01292-e15790-b)
q
15.
E.
3.
Feoffement
63.
So
it
is
if
in
auncient
time
a
Monke
,
Fryer
,
or
Cannon
professed
,
which
was
no
Soueraigne
of
an
house
had
graunted
to
one
an
annuitie
,
this
was
a
void
graunt
,
though
he
had
bin
after
dereigned
,
or
made
Soueraigne
of
the
same
house
,
or
some
other
.
[
r
](A01292-e15800-b)
r
2.
R.
3.
5.
Codign
.
As
that
which
is
lawfully
done
cannot
be
made
void
to
all
intents
,
so
that
which
is
altogether
void
at
the
beginning
cannot
be
strengthned
by
continuance
of
time
.
[
rr
](A01292-e15840-b)
rr
Phili.
Decr.
Comment.
ad
reg.
iur
.
Nomom
.
Let
me
aske
you
this
question
Anglonomoph
.
5.
Diuision
.
1
Whether
a
tenant
at
wil
may
graunt
ouer
his
estate
.
whether
may
a
tenant
at
will
graunt
ouer
his
estate
or
no
,
especially
if
he
in
the
reuersion
doe
after
agree
to
it
.
Anglonomoph
.
I
thinke
not
:
for
it
is
not
properly
an
estate
because
it
wanteth
certaintie
,
[
s
](A01292-e15940-b)
s
27.
H.
6.
3.
but
if
my
[
t
](A01292-e15960-b)
t
11.
E.
4.
3.
and
an
other
reason
why
he
cannot
grant
his
estate
,
is
because
his
estate
dependeth
as
well
vpon
his
owne
will
,
as
the
will
of
the
lessor
,
and
if
he
lease
ouer
the
land
,
his
will
as
to
that
intent
is
determined
,
and
by
consequent
his
estate
,
[
u
](A01292-e15970-b)
u
22.
E.
4.
5.
per
Brian
.
and
his
estate
is
such
a
non-estate
in
the
eye
of
Law
,
that
he
cannot
haue
ayd
of
his
lessor
,
[
w
](A01292-e15980-b)
w
12.
E.
4.
5.
and
if
the
heire
accept
a
rent
reserued
vpon
a
lease
at
will
made
by
his
father
,
this
cannot
make
the
lease
good
,
because
it
was
void
before
,
no
more
then
his
acceptance
of
a
rent
reserued
vpon
a
lease
for
yeres
which
is
determined
by
reentre
,
can
make
that
lease
good
.
[
x
](A01292-e15990-b)
x
14.
H.
8.
11.
Codicgn.
The
estate
of
such
a
tenant
is
none
at
all
in
our
law
,
vnlesse
he
should
set
downe
his
will
in
certaine
who
demiseth
.
[
y
](A01292-e16030-b)
y
l.
qui
se
patris
C.
vnde
liberi
.
Canonologus
,
So
it
is
likewise
in
our
Law
.
[
z
](A01292-e16070-b)
z
C.
de
summa
tri
.
&
side
cathol.
l.
1.
Nomom
.
I
will
not
insiste
any
more
vpon
this
matter
,
but
wil
passe
to
the
consideration
of
bargaines
and
sales
.
The
third
Dialogue
of
Bargaines
and
Sales
.
NOmomat
.
I
will
not
aske
yee
what
1.
Diuision
.
1
What
things
are
forbidden
to
be
sold
.
things
may
be
solde
,
least
perhaps
you
aunswere
me
such
thinges
as
may
be
bought
according
to
your
aunswere
in
your
last
discourse
of
Gifts
&
Graunts
,
but
I
would
haue
ye
shew
vnto
me
what
things
are
forbidden
to
be
sold
.
Canono
.
Things
consecrate
&
religious
may
not
[
a
](A01292-e16230-b)
a
C.
de
Xeno
.
docti
.
eo
.
tit.
&
C.
de
Epis.
&
cle●i
in
l.
orphanatroph
.
&
42.
distinct
oratorium
.
and
that
is
accompted
a
religious
place
,
in
which
a
mans
bodie
or
head
is
buried
,
[
b
](A01292-e16240-b)
b
ff.
de
reli
.
&
sump
.
sune
.
and
therefore
if
a
man
be
buried
in
an
orchard
parcel
of
a
mans
farme
,
that
becommeth
Religious
,
and
it
may
not
be
pleadged
or
solde
,
but
demised
it
may
be
.
[
c
](A01292-e16250-b)
c
C.
quae
res
obligar
.
poslunt
l.
1.
l.
quid
ergo
.
§.
sed
si
mortuum
.
ff.
de
leg.
1.
Anglonom
.
Of
this
matter
I
haue
spoken
I
hope
sufficiently
in
the
beginning
of
our
second
conference
or
Dialogue
.
Codicgn.
By
our
Law
euill
poysons
are
forbidden
[
d
](A01292-e16330-b)
d
l.
quod
sepe
§
veneni
.
ff.
de
contrah
.
Nomom
.
Why
say
you
euill
poysons
?
as
if
any
kinde
of
poyson
can
be
good
.
Codicgn.
Yea
,
there
be
some
good
and
sit
for
[
e
](A01292-e16420-b)
e
Mercurial
.
lib.
1.
de
vene
.
c.
3.
&
4.
yet
there
are
some
kinds
of
poison
which
are
euill
in
themselues
,
&
may
not
be
vsed
alone
:
and
though
Plato
amongst
his
other
lawes
promulgeth
,
that
no
man
ought
to
sell
or
any
way
intermeddle
with
poyson
.
[
f
](A01292-e16440-b)
f
Plat.
li.
11.
de
legi
.
And
Galen
doth
condempne
Orpheus
who
taught
the
vse
of
poisons
,
[
g
](A01292-e16470-b)
g
Galen
li.
de
antid.
c.
7.
and
reporteth
that
the
inuentor
of
a
poysonfull
herbe
was
therfore
punished
,
[
h
](A01292-e16480-b)
h
Galen
li.
de
purg
.
me
:
yet
because
there
[
i
](A01292-e16510-b)
i
Cai.
in
d.
li.
3
therefore
poyson
generally
and
absolutely
is
not
forbidden
to
be
sold
by
our
Law
.
Anglonomoph
.
By
our
Lawe
corrupt
vitaile
is
forbidden
to
be
solde
,
and
leather
not
sufficiently
tanned
.
[
ii
](A01292-e16550-b)
ii
13.
H.
4.
1.
11.
E.
4.
7.
1.
R.
3.
1.
Nomom
.
Let
me
heare
of
you
some
speciall
kinds
Codicgn.
If
a
man
bargaine
and
sell
landes
or
[
k
](A01292-e16660-b)
k
l.
1.
ff.
de
leg
.
Comm.
&
li.
qui
ea
lege
C.
cod
.
But
if
it
had
beene
sayed
,
that
if
the
money
had
not
beene
payed
at
the
day
,
then
the
thinge
solde
shoulde
reuerte
to
the
vendour
,
heere
there
had
beene
a
perfitte
bargaine
and
sale
,
but
resolubilis
sub
conditione
,
defeasible
vppon
the
condition
not
perfourmed
,
[
l
](A01292-e16680-b)
l
l.
1.
ff.
de
leg
.
commissor
.
and
in
all
conditions
of
bargaine
and
sale
this
is
done
that
eyther
an
imperfitte
sale
is
perfitted
,
or
a
perfitte
sale
is
defeated
.
For
when
communication
is
had
about
the
buying
of
a
thing
,
and
the
price
is
agreed
vppon
,
and
the
bargaine
concluded
,
nowe
if
the
vendour
doe
at
the
time
of
the
bargaine
and
sale
adde
such
a
condition
,
that
if
any
other
man
within
a
moneth
or
fifteene
daies
next
after
ensuinge
,
will
giue
more
money
for
the
thing
solde
,
that
then
the
bargaine
and
sale
shall
bee
voide
:
[
m
](A01292-e16690-b)
m
L.
2.
1.
respon.
ff.
de
in
diem
adiec
.
now
the
bargaine
[
n
](A01292-e16710-b)
n
d.
l.
2.
2.
respon.
and
there
is
great
difference
betwixt
these
two
bargaines
and
sales
,
For
in
the
first
case
the
buyer
doth
become
owner
of
the
thing
Sed
retractabiliter
.
[
o
](A01292-e16730-b)
o
l.
1.
§.
sed
&
Marcellus
ff.
de
addicti
.
in
diem
.
And
in
the
meane
time
he
shal
take
,
&
enioy
the
profits
of
the
thing
sold
,
[
p
](A01292-e16740-b)
p
d.
l.
2.
in
si
.
l.
Item
quod
dictum
ff.
de
in
diem
addict
.
&
the
peril
of
the
thing
solde
if
it
bee
destroyed
,
lost
,
or
made
worse
doth
belong
vnto
him
,
[
q
](A01292-e16750-b)
q
l.
vbi
autem
§.
1
ff.
d.
ti.
de
in
diem
addict
.
but
in
the
other
case
,
namely
,
when
an
imperfite
bargaine
and
sale
is
to
be
perfitted
,
the
bargainee
doth
not
take
the
profits
,
neither
doth
the
perill
belong
to
him
.
[
r
](A01292-e16760-b)
r
d.
l.
vbi
autem
in
princip.
Anglonomop
.
You
haue
put
good
diuersities
and
we
haue
many
cases
suteable
vnto
them
in
our
Lawe
,
which
I
will
not
omit
.
If
a
man
grant
to
one
the
keeping
of
his
Parke
,
vpon
condition
that
if
the
grauntee
do
not
well
keepe
his
Deare
within
the
Parke
the
graunt
shall
be
helde
as
no
graunt
:
and
after
the
grantee
killeth
some
of
the
Deare
,
the
grauntor
may
bring
an
action
of
trespasse
[
s
](A01292-e16810-b)
s
2.
R
2.
Barre
237.
and
a
prouiso
in
an
Indenture
of
couenants
though
it
be
placed
amongst
couenants
,
yet
it
shall
be
of
force
in
some
case
wholy
to
defeate
and
dissolue
the
bargaine
and
sale
,
as
if
a
man
bargaine
and
sell
a
mannor
with
the
aduowson
in
fee
,
habendum
to
the
vse
of
the
bargainee
and
his
heires
,
in
such
manner
as
in
the
Indenture
of
couenants
is
agreed
,
and
he
couenanteth
to
suffer
a
recouery
to
the
vse
expressed
in
the
Indenture
,
rendring
a
rent
to
the
bargainor
and
his
heires
with
a
distresse
for
the
same
,
and
a
nomine
paenae
,
&
further
pro
vlteriore
securitate
,
it
is
concluded
that
the
bargainor
should
leuie
a
fine
to
the
bargainee
with
a
rendring
of
the
rent
to
the
bargainor
,
prouiso
that
the
bargainee
shal
regraunt
the
aduowson
for
life
to
the
bargainor
,
and
if
it
be
couenaunted
farther
that
all
estates
afterward
to
bee
made
shall
bee
to
the
said
vses
,
now
if
a
recouerie
be
suffered
,
and
a
fine
leuied
,
but
varying
from
the
Indenture
of
couenants
,
&
the
bargainee
dieth
before
the
regraunt
of
the
aduowson
,
the
prouiso
in
this
case
is
a
condition
,
and
for
the
breach
of
the
condition
the
bargainor
may
enter
,
[
t
](A01292-e16850-b)
t
14.
Eliz.
311.
Dyer
.
and
as
to
that
which
you
haue
said
[
u
](A01292-e16880-b)
u
Per
Br.
Feofm
.
de
terres
36.
contra
opinion
.
Brian
.
1.
H.
7.
16.
Nomom
.
Suppose
that
no
day
be
limited
when
3.
Diuision
.
1.
When
no
day
is
limited
for
the
payment
of
a
summe
what
time
the
Law
will
require
.
the
vendee
is
to
pay
the
residue
of
the
money
,
or
a
stranger
is
to
offer
more
money
as
in
your
cases
put
before
Codign
.
shall
the
defeasance
be
void
?
or
what
time
will
the
Law
require
for
the
payment
of
the
money
?
Codicgn.
In
such
cases
the
Lawe
doth
limit
a
time
and
doth
assigne
to
the
party
charged
with
the
paiment
,
the
space
of
lx.
daies
.
[
a
](A01292-e16990-b)
a
Gl.
mag.
in
c.
Illo
vos
de
pignori
.
&
facit
optime
.
l.
quod
si
nolit
.
§.
qui
mancipium
ff.
de
Aedil
:
edict
.
Anglono
.
In
our
law
we
haue
a
rule
that
when
[
b
](A01292-e17040-b)
b
20.
E.
4.
8.
&
21.
E.
4.
38.
le
case
del
maior
de
Exetor
:
per
touts
les
Sergeants
&
ascuns
des
Iustices
.
howbeit
in
such
cases
by
the
opinion
of
Starkey
,
[
c
](A01292-e17060-b)
c
Ibid.
per
Stark
.
the
discretion
of
the
Iustices
shall
limit
a
time
hauing
regard
to
the
distance
of
the
place
,
and
to
the
space
of
time
wherein
such
a
thing
may
be
performed
:
for
the
obligor
is
not
compelable
to
pay
the
mony
within
one
houre
,
neither
may
he
differ
the
paiment
the
space
of
7.
yeeres
,
but
the
time
must
be
adiudged
by
law
:
so
if
I
prescribe
to
haue
common
because
of
vicinage
in
such
a
village
,
namely
euery
yere
after
the
corne
be
seuered
&
caried
away
,
to
put
in
my
beasts
into
the
field
,
&
al
the
terre
tenants
of
the
village
haue
caried
away
their
corne
and
hay
except
one
man
onely
,
now
the
Law
shall
adiudge
whether
he
had
sufficient
time
to
carie
away
his
corne
&
hay
,
when
his
neighbors
did
carie
it
away
,
[
d
](A01292-e17070-b)
d
Ibi.
p
Stark
.
&
●airef
.
&
so
in
the
case
before
,
the
discretion
of
the
Iustices
ought
to
measure
the
time
,
&
surely
his
opinion
seemeth
reasonable
vnto
mee
,
though
I
dare
not
affirme
it
to
be
Law
.
For
euery
mans
busines
ought
to
be
rated
by
a
conuenient
time
,
and
therefore
the
learned
Philosopher
hath
well
[
e
](A01292-e17100-b)
e
Arist.
physicor
.
4.
c.
11.
&
12.
lib.
1.
de
anim
.
c.
3.
lib.
de
generat
.
&
corrupt
.
2.
c.
10
and
if
a
man
be
bound
to
enfeoffe
one
,
and
no
certaine
day
is
limited
when
the
feofment
shall
be
made
,
that
may
be
done
and
performed
in
a
reasonable
time
,
[
f
](A01292-e17120-b)
f
14.
E.
3.
Dette
138.
Nomom
.
Are
there
no
other
things
to
defeat
a
Codicgn.
Yes
:
for
a
bargaine
and
sale
may
be
auoided
for
some
defect
of
some
substantial
thing
required
to
the
perfection
of
the
contract
,
as
where
the
thing
that
is
sold
is
not
markettable
or
the
price
is
not
certainly
sette
downe
,
[
g
](A01292-e17210-b)
g
§.
pretium
.
Iusti
.
Eo
.
&
C.
Eo
.
l.
si
.
or
when
lawfull
consent
is
wanting
,
as
when
a
bargaine
and
sale
is
extorted
or
enforced
thorough
feare
or
threatning
,
[
h
](A01292-e17220-b)
h
Metus
causa
ff.
&
C.
quod
met
.
causa
&
l.
si
voluntate
C.
de
rescin
.
vend.
or
when
there
is
fraude
and
deceite
in
the
contract
,
[
i
](A01292-e17230-b)
i
ff.
de
dol.
l.
eleganter
l.
si
voluntate
C.
de
rescin
.
vend.
as
if
the
thing
solde
haue
some
inward
fault
:
As
if
a
horse
or
some
other
[
k
](A01292-e17250-b)
k
C.
de
act.
empt.
l.
emptor
.
l.
ex
empto
.
§.
animalium
quoque
ff.
eod.
for
buying
and
selling
being
a
contract
bonae
fidei
,
whatsoeuer
thing
is
done
in
it
vltra
probatum
vendendi
modum
is
auoiable
by
law
,
[
l
](A01292-e17280-b)
l
d.
l.
1.
l.
Ex
empto
.
§.
redhibition
:
ff.
de
act.
emp.
§.
si
quis
virginem
ibid.
but
the
fault
in
such
case
,
which
is
[
m
](A01292-e17340-b)
m
§.
nunc
qualit
.
retractetur
l.
ea
quae
§.
quaed
.
ff.
de
cōtrahen
.
emp.
but
if
it
bee
a
secrete
fault
then
a
distinction
must
be
vsed
:
for
eyther
it
was
in
beginning
and
growing
at
the
time
of
the
sale
,
so
that
it
may
easily
be
cured
,
and
yet
not
easily
perceiued
,
&
then
the
seller
is
not
any
way
to
be
charged
:
or
els
the
secrete
fault
was
some
festered
and
inueterate
disease
,
and
in
such
case
the
seller
is
to
be
charged
,
[
n
](A01292-e17350-b)
n
L.
mortis
C.
de
per
:
&
com
:
rei
vend
:
but
if
the
thing
that
is
sold
be
liquide
and
gustable
,
and
the
buyer
doth
taste
of
it
,
or
if
it
be
measurable
and
hee
doth
measure
it
as
corne
,
or
if
it
be
ponderable
and
he
doth
wey
it
as
mettall
:
or
if
he
marke
a
beast
which
hee
hath
bought
,
and
the
beast
be
afterward
chaunged
,
in
all
these
cases
the
dammage
resteth
vpon
[
o
](A01292-e17390-b)
o
L.
1.
&
l.
q●
si
neque
§.
si
.
ff.
de
per
:
&
com
:
rei
vend
:
l.
2.
C.
eo
.
but
if
the
things
aforesaid
be
not
tasted
,
measured
,
weyed
,
or
marked
,
but
be
sold
at
a
venture
,
as
if
a
man
sell
all
his
wine
or
oyle
in
such
a
house
,
and
doth
warrant
it
to
be
good
and
merchantable
,
or
if
he
warrant
the
beasts
that
he
selleth
to
be
sound
,
the
seller
in
such
cases
is
punishable
,
[
p
](A01292-e17400-b)
p
l.
si
vna
▪
ff.
de
per
:
&
com
.
rei
vend.
but
if
he
had
not
warranted
it
,
then
the
lawe
is
otherwise
.
[
q
](A01292-e17410-b)
q
d.
l.
1.
§.
1.
C.
eo
.
&
l.
quod
saepe
§.
in
his
ff.
eo
.
Anglonomoph
.
In
these
cases
,
which
you
haue
now
put
,
our
Lawe
(
as
I
take
it
)
differeth
very
little
,
or
nothing
from
yours
:
for
whereas
you
[
r
](A01292-e17460-b)
r
41.
E.
3.
9.
2.
E.
4.
19.
per
Littl.
Park
.
tit.
Graunts
Sect.
17.
and
if
a
man
menasse
me
to
kill
me
,
if
I
wil
not
grant
to
him
an
annuitie
of
xx
.
s.
&
for
doubt
of
death
I
grant
it
vnto
him
,
this
graunt
is
voidable
,
[
s
](A01292-e17470-b)
s
11.
R.
2.
Duresse
.
13.
But
if
a
man
grant
an
annuitie
to
an
other
by
threatning
him
that
he
wil
cary
away
his
goods
,
whereupon
he
granteth
vnto
him
the
annuitie
,
this
grant
is
not
voidable
by
reason
of
such
menacing
,
because
he
may
haue
an
action
to
recouer
the
goods
if
they
be
taken
away
,
[
t
](A01292-e17480-b)
t
7.
E.
4.
21.
Park
tit
.
Grants
Sect.
18.
but
a
threatning
of
battery
is
a
good
cause
to
auoid
a
deed
,
[
u
](A01292-e17490-b)
u
4.
E.
2.
Duresse
.
9.
and
so
is
the
threatning
of
imprisonment
a
good
cause
to
auoid
a
bonde
,
[
x
](A01292-e17500-b)
x
8.
H.
6.
12.
but
otherwise
it
is
of
a
threatning
to
burne
my
house
,
[
a
](A01292-e17510-b)
a
39.
H.
6.
51.
and
a
duresse
or
menacing
at
one
place
shall
auoid
an
obligation
made
at
an
other
place
,
[
b
](A01292-e17520-b)
b
38.
H.
6.
13.
●
Moyle
.
33.
H.
6
24.
2.
H.
5.
10.
&
as
to
that
which
you
haue
spoken
of
fraud
&
deceite
in
bargaines
and
sales
,
&
the
warranting
of
a
thing
to
be
good
and
sound
,
which
is
nought
&
corrupt
,
I
could
put
many
cases
agreing
with
your
assertions
&
diuersities
.
[
c
](A01292-e17540-b)
c
Fitzh
.
N.
B.
98.
K.
&
if
a
ma
sell
to
an
other
seeds
,
&
warrant
than
to
be
of
a
certaine
countries
,
if
they
be
not
so
a
writ
of
disceit
will
lie
:
otherwise
it
had
bin
,
if
he
had
warranted
that
they
should
haue
growne
,
or
if
he
should
warrant
that
the
horse
which
he
selleth
,
should
go
50.
miles
in
a
day
:
and
a
writ
of
deceite
lieth
for
selling
corrupt
victuale
,
without
warrantie
,
but
not
for
selling
rotten
sheepe
though
it
be
with
warrantie
,
&
the
warranting
of
a
thing
to
[
d
](A01292-e17560-b)
d
11.
E.
4.
7.
13.
H.
4.
1.
&
if
a
man
sell
a
horse
which
hath
a
disease
in
his
body
,
or
if
he
sel
certain
quarters
of
corne
which
is
ful
of
grauel
,
a
writ
of
disceite
will
lie
without
warrantie
,
[
e
](A01292-e17570-b)
e
20.
H.
6.
36.
●
Paston
.
11.
H.
6.
22.
&
if
one
sell
to
an
other
certaine
tunnes
of
wine
,
&
warrant
them
to
be
good
&
they
be
corrupt
,
the
vendee
may
haue
an
action
vpon
the
case
against
the
vendor
,
[
f
](A01292-e17580-b)
f
Fitz.
N.
B.
94.
&
the
action
wil
lie
without
warrantie
[
g
](A01292-e17590-b)
g
7.
H.
4.
14.
according
to
the
opinion
of
some
,
but
M.
Fitz.
saith
that
there
ought
to
be
a
warrantie
,
or
els
no
action
will
lie
,
for
in
such
case
his
taste
may
be
his
iudge
,
[
h
](A01292-e17610-b)
h
Fitz.
N.
B.
94.
C.
but
where
it
is
with
warrantie
the
writte
must
say
that
the
defend
at
the
time
of
the
warrantie
made
,
knew
that
the
wine
which
he
sold
was
corrupted
[
i
](A01292-e17620-b)
i
9.
H.
6.
53.
.
Nomom
.
You
haue
spoken
enough
of
this
matter
:
Anglono
.
The
grant
or
bargaine
&
sale
of
the
[
k
](A01292-e17710-b)
k
45.
Ed.
3.
Grants
90.
4.
Eliz.
219.
Dy.
&
if
a
man
do
lease
to
one
an
acre
of
land
for
life
,
reseruing
to
himselfe
the
herbage
,
this
reseruation
is
void
for
he
hath
reserued
the
same
thing
in
substance
,
[
l
](A01292-e17720-b)
l
38.
H.
6.
34.
because
the
profites
of
land
&
the
land
it self
are
one
&
the
selfe
same
thing
in
substance
,
[
m
](A01292-e17730-b)
m
10.
H.
7.
9.
6.
●
.
6.
71.
Dy.
but
he
may
lease
his
Parke
excepting
the
wood
&
vnderwood
,
&
his
mannor
reseruing
the
warren
,
but
the
soile
of
the
wood
and
warren
shall
goe
to
the
lessee
[
n
](A01292-e17740-b)
n
14.
H.
8.
1.
33.
H.
8.
Br.
Reseruat
.
39.
.
Codicgn.
By
our
Lawe
a
man
may
grant
and
[
o
](A01292-e17810-b)
o
G●●atup
.
in
vocabular
.
verbo
vti
&
frui
.
Nomom
.
I
would
gladly
know
when
a
man
6.
Diuision
.
1.
When
a
man
selleth
land
in
which
treasure
is
hidde
and
the
vendor
knoweth
not
of
it
,
whether
shall
the
vendee
haue
the
treasure
.
2.
How
this
word
(
treasure
)
is
taken
in
the
Ciuill
lawe
.
selleth
his
land
in
which
there
is
treasure
hidde
,
whether
the
vendee
shall
haue
the
treasure
,
because
the
vendor
knew
not
of
it
at
the
time
of
the
sale
.
Codign
.
It
may
bee
you
take
the
worde
Treasure
generally
,
not
properly
&
as
it
is
vsed
strictly
in
our
Lawe
,
for
if
a
man
do
hide
any
thing
in
the
ground
for
gaine
,
or
through
feare
,
or
to
keep
it
more
safely
,
within
time
of
memorie
this
may
not
properly
haue
the
name
of
treasure
,
[
p
](A01292-e17900-b)
p
l.
nunquam
D.
de
acquir
:
rer.
domin.
for
a
treasure
properly
is
,
when
money
or
things
of
good
value
haue
lyen
from
time
out
of
minde
hidden
in
the
ground
,
so
that
no
man
now
hath
propertie
in
it
.
[
q
](A01292-e17910-b)
q
d.
l.
nunquam
.
It
hath
bene
forbidden
by
many
[
r
](A01292-e17930-b)
r
l.
4.
D.
ad
leg
.
Iul:
pecul
.
and
these
Lawes
haue
reason
for
them
,
for
it
is
against
the
[
t
](A01292-e17950-b)
t
L.
5.
l.
●
.
D.
de
vsufr
.
ca.
re
.
que
vs
.
co●.
and
these
prohibitory
lawes
are
fortified
with
this
penaltie
,
that
things
so
hidden
shall
be
forfeited
to
the
Treasurie
.
Plato
had
4.
Plato
his
superstitious
opinion
of
thinges
hidden
in
the
earth
.
such
a
scrupulous
,
or
rather
such
a
superstitious
conscience
,
that
he
made
by
his
lawes
treasures
to
be
immob●les
,
&
Dijs
inferis
sacros
,
and
his
precept
is
straunge
in
this
case
.
Quae
minime
deposuisti
,
ne
tollito
.
[
u
](A01292-e18010-b)
u
Plat.
lib.
11.
de
legi
.
Adrianus
Caesar
made
a
law
(
as
Spartianus
reproteth
)
that
if
any
man
had
found
treasure
in
his
owne
ground
,
himselfe
should
haue
it
:
if
in
an
other
mans
,
he
should
giue
the
halfe
to
the
owner
of
the
soyle
:
if
in
a
publique
place
,
he
should
deuide
it
equally
with
the
treasurie
.
This
law
was
abrogated
by
other
lawes
following
,
and
reuiued
by
Iustinian
,
but
nowe
[
x
](A01292-e18060-b)
x
L.
3.
§.
Nerati
.
D.
de
acquir
.
posses
.
Alberic
.
Gentilis
Disputati
.
Decad.
1.
c.
10.
So
that
I
cannot
possibly
see
how
the
vendee
in
your
case
proposed
shall
by
our
law
haue
it
.
Auglonomoph
.
Nor
by
our
law
which
saith
,
Quod
the
saurus
competit
domino
regi
,
&
non
domino
libertatis
,
si
non
sit
per
verba
specialia
,
aut
per
praescriptionem
.
[
y
](A01292-e18110-b)
y
Fitz.
Coro
.
281.
436.
And
in
this
case
though
he
selle
de
terra
:
yet
he
doth
not
sell
vnto
him
the
profits
in
terra
which
treasures
are
.
[
z
](A01292-e18150-b)
z
Plowd
.
co●en
le
informa
.
pur
mines
.
Nomom
.
I
will
content
my selfe
with
this
difference
which
you
haue
put
,
and
will
now
proceede
according
to
the
platforme
of
our
forementioned
order
to
learne
something
of
seignories
and
seruices
The
fourth
Dialogue
of
Seignories
and
seruices
.
NOmomathes
.
Because
things
are
better
Codicgn.
A
seignorie
,
which
we
call
feudum
[
a
](A01292-e18310-b)
a
Glo.
in
vsi
.
feu
.
tit.
quib
▪
mod.
feod.
acquir
.
in
princip.
c.
vnico
§.
in
primis
&
tit
.
in
quib
.
caus
.
feud
.
amit
.
&
de
feud
.
dat
:
mi.
valuas
.
ca.
vnico
.
&
melius
tit
.
de
feud
.
dat
:
in
vicem
leg
:
commissor
:
reprob
:
cap
:
vnic:
Anglonomoph
.
A
seignorie
with
vs
,
is
nothing
Canonolog
.
In
our
Canon
law
it
is
shortly
desined
:
[
b
](A01292-e18400-b)
b
C.
ex
diligenti
.
de
simon
.
Nomomath
.
Shew
me
I
pray
you
how
homage
Anglonomoph
.
Homage
is
thus
performed
.
The
I
become
your
man
from
this
time
forward
of
life
and
member
,
and
earthly
honour
,
and
to
you
shall
be
faithfull
and
loyall
,
and
shall
beare
vnto
you
faith
for
the
tenements
,
which
I
claime
to
hold
of
you
sauing
the
faith
which
I
beare
to
our
Lord
the
King
:
which
being
done
the
Lord
sitting
shall
kisse
him
.
Nomom
.
Hath
this
ceremonie
beene
auncient
?
Codicgn.
The
kneeling
and
giuing
of
a
kisse
[
d
](A01292-e18610-b)
d
Tranquil
.
in
Neron
.
And
longe
before
his
time
,
Alexander
the
great
did
imbrace
,
and
with
a
kisse
greeted
such
as
made
the
like
protestation
of
obedience
and
loyaltie
vnto
him
,
[
e
](A01292-e18630-b)
e
Plutarth
.
in
Alexand.
and
long
before
that
as
it
seemeth
it
was
vsed
in
Iudaea
,
for
vpon
these
words
of
the
Psalme
[
ee
](A01292-e18640-b)
ee
Psalm.
2.
r.
12.
(
kisse
the
sonne
)
our
english
glosse
addeth
by
way
of
interpretation
(
in
signe
of
homage
)
and
Tremellius
and
Iunius
(
in
signe
of
fealty
:
)
sithence
these
times
this
respectiue
humiliation
hath
spred
it selfe
into
other
countries
and
territories
:
for
the
Duke
of
Gelderland
did
conceiue
an
oath
in
these
words
to
Charles
King
of
Fraunce
:
Ego
deuenio
vassallus
ligeus
Caroli
regis
Francorum
,
pro
ratione
quinquaginta
millium
scutorum
auri
ante
festum
diui
Rhemigij
mihi
soluendorum
,
&c.
[
e
](A01292-e18690-b)
e
Bodin
.
lib.
1.
de
repub.
c.
9.
Nomom
.
I
desire
greatly
to
know
the
originall
Anglonomoph
.
The
most
common
seignorie
of
A
Manor
it
an
inheritance
of
ancient
continuance
consisting
of
demesnes
and
seruices
,
perquisites
,
casualties
,
things
appendant
and
regardant
,
customes
liberties
,
&c.
Nomoma
.
What
?
do
so
many
things
concurre
to
make
a
Manor
:
will
not
demesnes
and
seruices
serue
?
Anglono
.
Yes
,
demesnes
&
seruices
will
suffice
as
material
causes
to
make
a
Manor
,
[
f
](A01292-e18850-b)
f
26.
H.
8.
4.
but
it
is
a
naked
Manor
which
hath
nothing
els
.
Nomom
.
I
would
gladly
heare
somewhat
of
the
commencement
and
first
creation
of
a
Mannor
.
Anglonomo
.
M.
Parkins
doth
very
well
&
originally
The
originall
of
a
Manor
was
when
the
King
did
giue
a
thousand
acres
of
lande
,
or
a
greater
or
lesse
parcell
to
one
of
his
subiectes
and
his
heires
,
to
holde
of
him
and
his
heyres
,
and
the
donee
edifieth
a
house
vpon
this
lande
,
as
his
mansion
place
and
of
20.
acres
or
lesse
or
greater
,
parcell
,
he
doth
enfeoffe
a
straunger
before
the
Statute
of
Quia
empto
.
terrar
.
to
holde
of
him
and
of
his
heires
as
of
the
same
house
by
the
plowing
of
10.
acres
of
arable
land
parcell
of
that
which
remaineth
in
his
owne
possession
,
and
enfeoffeth
and
other
of
an
other
parcell
to
hold
of
him
by
carying
ordure
to
his
arable
land
,
and
enfeoffeth
a
third
man
of
a
third
parcell
to
goe
with
him
in
the
warre
against
the
Scots
,
and
so
by
continuance
of
time
(
saith
he
)
a
Manor
is
made
.
[
g
](A01292-e18970-b)
g
Park
.
Reseruat
.
fol.
128.
Sect.
670.
Yet
by
his
fauour
somewhat
els
goeth
to
the
making
of
a
Manor
:
namely
,
suite
of
Court
at
his
house
or
mansion
place
,
[
h
](A01292-e18980-b)
h
33.
H.
8.
Br.
Comprise
.
31.
Mannor
.
5.
and
this
suit
must
be
the
suite
of
more
freeholders
then
one
(
so
that
some
doubt
may
be
made
of
M.
Kitchins
assertion
,
when
,
he
saith
,
that
in
some
Manors
there
be
no
tenants
but
copiholders
,
and
yet
in
such
Mannors
be
Court
barons
[
i
](A01292-e19010-b)
i
Kitch
.
Court
Leete
&
Baron
tit
.
Maner●um
.
fol.
4.
)
for
if
all
the
freeholds
do
eschete
vnto
the
Lord
beside
one
,
or
if
he
purchase
al
but
one
the
mannor
is
extinct
,
for
it
can
not
be
a
mannor
vnlesse
there
be
a
Court
baron
belonging
to
it
:
and
a
Court
baron
must
be
helde
before
suitors
,
and
not
before
one
suitor
,
therfore
one
freehold
can
not
make
a
mannor
[
k
](A01292-e19020-b)
k
Br.
Ca.
Sect.
210.
&
23.
H.
8.
Br.
Court
baron
.
22.
in
fi.
&
33.
H.
8.
Br.
Suit
.
17.
.
Nomom
.
You
haue
well
delared
vnto
me
the
Anglono
.
Yes
,
our
law
in
this
case
hath
not
either
slumberd
or
winked
.
For
in
the
ancient
Statute
of
Magna
Charta
it
is
prouided
that
Nullus
liber
homo
[
l
](A01292-e19140-b)
l
Magna
charta
.
c.
31.
which
statute
(
as
M.
Stanford
auoucheth
,
)
is
but
a
confirmation
of
the
Common
law
:
&
he
(
a
most
diligent
and
exquisite
searcher
of
the
reasons
of
Lawe
,
so
that
I
may
boldly
speake
of
him
,
that
which
I
shall
not
say
impudently
&
vntruly
,
Faelix
,
qui
potuit
rerum
cognoscere
causas
)
sifteth
out
the
reason
of
this
Lawe
.
For
saith
he
)
if
one
that
held
by
Knights
seruice
might
haue
bene
suffered
to
haue
aliened
the
greatest
part
of
his
land
,
he
would
haue
aliened
the
same
peraduenture
to
holde
of
him
but
in
Socage
,
or
by
some
small
rent
,
and
then
hauing
so
little
a
liuelod
lefte
to
himselfe
,
how
had
he
bene
able
to
haue
done
the
seruice
of
a
Knight
or
man
of
warre
,
or
what
should
his
Lord
haue
had
in
warde
to
haue
found
one
to
haue
performed
the
seruice
?
surely
little
or
nothing
.
[
m
](A01292-e19180-b)
m
Stamf.
praerog
.
c.
7.
tit
.
Alienati
:
sans
licence
.
But
it
seemeth
doubtfull
notwithstanding
the
Statute
of
Magna
Chart.
whether
the
tenaunt
might
alien
his
whole
tenancie
or
not
,
whereupon
the
Statute
of
Quia
emptores
terrarum
was
made
,
which
permitted
euerie
free
man
to
sell
his
lands
or
tenements
,
or
any
part
therof
at
his
pleasure
to
hold
of
the
chief
Lord
by
the
same
seruice
,
that
the
feoffer
held
,
prouided
alwaies
that
by
any
such
sale
,
there
come
no
lands
to
mortmain
.
This
Statute
(
as
M.
Stamford
noteth
)
remedieth
the
mischief
,
which
was
before
found
in
the
wardship
,
but
not
the
other
mischiefe
touching
the
defence
of
the
Realme
,
for
when
one
mans
liuing
is
so
dismembred
,
neuer
a
one
of
the
feoffees
nor
the
feoffor
is
able
to
doe
the
seruice
of
a
warrior
for
want
of
liuelode
,
there
being
so
little
quantity
of
land
in
euery
of
their
hands
,
yea
much
more
vnable
sithence
this
statute
is
the
feoffor
then
before
,
for
before
when
he
gaue
it
to
hold
of
himselfe
,
he
reserued
somewhat
in
lieu
of
the
land
which
went
from
him
,
whereas
now
he
can
reserue
nothing
of
common
right
.
[
n
](A01292-e19220-b)
n
Stamf.
ibid.
And
the
land
which
he
retaineth
in
his
owne
hands
may
perhaps
be
of
small
value
.
Nomom
.
What
is
the
most
generall
and
most
common
seruice
of
all
?
Anglonomoph
.
Fealtie
,
for
that
is
incident
to
euery
[
o
](A01292-e19310-b)
o
Littlet
.
lib.
2
c.
3.
Sect.
13.
&c.
5.
Sect.
22.
Codicgn.
So
it
is
with
vs
:
for
fealtie
which
of
vs
is
called
fidelitas
,
is
due
to
euerie
Lord
to
whom
any
seruice
is
to
be
performed
:
and
euery
[
p
](A01292-e19370-b)
p
ca.
vnico
tit:
de
natura
feudi
.
Et
tit
.
qualiter
vassall
.
iur
.
deb.
sideli
:
domi
:
Et
in
ca.
vnico
tit
.
quib
.
mod:
feud
:
amittatur
.
Et
in
quib
.
causis
feudum
amitt
.
&
tit
.
quae
●uit
pri.
causa
benef.
amit
.
Canonolog
.
But
such
a
religious
man
may
not
say
,
Ego
deuenio
homo
vester
,
nor
humiliate
himself
to
execute
the
rite
of
homage
.
[
q
](A01292-e19420-b)
q
C.
veniens
&
C.
ex
diligenti
.
de
Simon
.
grauem
de
excess
:
praelat
:
cap.
fin
:
de
re
Iud:
Anglonomo
.
By
our
Law
he
may
do
homage
:
but
may
not
say
to
his
Lord
ego
deuenio
homo
vester
,
because
he
hath
professed
himself
to
be
onely
God
his
man
,
but
he
may
say
,
I
doe
vnto
you
homage
,
and
to
you
shal
be
faithfull
and
loyall
.
[
r
](A01292-e19480-b)
r
Littlet
.
lib.
2.
c.
1.
Sect.
2.
Nonoma
.
Shewe
me
I
pray
you
some
speciall
Codicgn.
Seruices
are
diuersified
according
[
s
](A01292-e19570-b)
s
Cap.
1.
de
feud
:
march
:
&
ducat●
&
in
ca.
1.
quis
dicat
.
dux
,
comes
,
marchio
.
if
to
Religious
persons
Ecclesiasticall
:
if
to
Lay
men
,
secular
,
[
t
](A01292-e19580-b)
t
Tit.
de
his
qui
feud
.
dar.
pos.
&
tit
.
Episcop.
vel
Abbat
.
but
when
it
is
to
bee
done
to
a
lesser
estate
then
to
an
Emperour
or
King
,
as
to
a
Duke
,
Marquesse
,
or
Earle
,
then
it
is
called
feudum
honoratum
,
sometime
land
is
giuen
by
inferior
persons
&
meaner
men
without
expressing
any
seruice
,
and
then
the
Law
intendeth
that
fealty
onely
is
to
be
done
,
&
this
is
called
Francum
or
Liberum
,
[
u
](A01292-e19620-b)
u
Ca.
1.
de
no.
form
:
fidel
:
sometime
it
is
giuen
with
reseruation
of
speciall
seruice
&
that
is
feudum
non
nobile
,
[
a
](A01292-e19640-b)
a
Ca.
f●
.
de
capilan
:
qui
cur
:
vendid
.
somtime
it
is
giuen
in
perpetuum
&
sometime
but
for
tearme
of
life
,
and
then
it
is
called
Perpetuum
vel
temporale
[
b
](A01292-e19670-b)
b
De
feud
:
march
:
in
prin.
de
alien
.
feud
.
in
fine
,
&
de
feud
:
guard
:
&
castald
.
:
But
though
by
the
oath
of
fealtie
the
vassalle
be
bound
to
serue
his
Lord
in
warre
,
yet
this
is
limited
to
such
case
where
the
warre
is
not
notoriously
vniust
or
vnlawfull
:
for
if
it
be
otherwise
,
though
hee
doe
him
no
seruice
in
warre
,
yet
he
shall
not
forfeite
his
tenement
,
[
c
](A01292-e19680-b)
c
In
cap
:
Domino
guerram
in
prin.
in
tit
.
hic
sini
.
lex
deinde
&c.
neither
is
he
bound
to
do
his
seruice
to
his
Lord
if
his
Lorde
bee
excommunicate
,
or
bannished
,
vntill
he
haue
obteined
absolution
or
a
recalling
from
bannishment
:
but
Anglonomoph
.
Seruices
in
our
Law
are
of
diuerse
Petite
Sergeancie
:
some
bellicall
onely
as
Knights
seruice
:
in
Capite
some
both
domesticall
&
bellicall
as
grand
sergeancie
,
&
some
of
the
more
noble
seruices
belong
vnto
subiects
as
well
as
to
the
king
,
as
knights
seruice
and
homage
:
these
which
be
lesse
noble
may
be
diuided
into
two
branches
:
for
either
they
are
ingenuous
or
seruile
:
the
ingenuous
are
of
two
sorts
:
either
performable
by
particular
men
,
or
a
certaine
people
,
as
fealtie
,
rent
seruice
,
&
the
like
which
make
socage
tenure
:
or
els
performable
by
a
certaine
people
onely
,
as
burgage
:
the
seruile
or
base
seruice
,
is
villenage
.
Of
all
these
seruices
saue
such
only
as
haue
bin
before
described
I
will
speake
somewhat
,
seuerally
,
briefly
,
and
in
order
.
Petite
Sergeancie
,
is
where
a
man
holdeth
his
land
of
the
King
,
paying
yerely
vnto
him
a
Bow
,
or
a
speare
,
or
a
dagger
,
or
a
launce
,
or
a
spurre
of
golde
&c.
[
e
](A01292-e19760-b)
e
Littlet
.
lib.
2.
ca.
9.
sect'
1.
Knights
seruice
in
Capite
,
is
where
a
man
holdeth
his
landes
or
tenements
of
the
king
as
of
his
crowne
immediatly
ab
antiquo
,
by
doing
some
warlike
seruice
.
Graund
sergeancie
,
is
where
a
man
holdeth
his
lands
or
tenements
of
the
king
as
of
his
Crowne
immediatly
,
by
doing
some
speciall
seruice
to
the
King
in
person
,
as
by
carying
his
banner
or
launce
,
or
by
being
his
marshall
,
or
sewer
,
or
caruer
,
or
butler
,
&c.
[
f
](A01292-e19800-b)
f
Litt'
li.
2.
ca.
8.
sect'
1.
23.
H.
3.
Gard
148
of
homage
and
fealtie
hath
beene
spoken
before
.
Rent
seruice
,
is
where
the
tenant
holdeth
his
lande
of
his
Lorde
by
a
certaine
rent
,
for
which
,
if
it
be
behinde
at
the
day
,
wherein
it
ought
to
be
paied
,
the
Lord
may
distreigne
for
it
of
common
right
.
Burgage
,
is
where
the
tenants
of
an
auncient
borough
doe
holde
landes
within
the
Borough
of
the
King
or
some
other
person
,
as
of
his
borough
by
a
certaine
rent
.
[
g
](A01292-e19830-b)
g
Litt'
lib.
2.
c.
10.
sect'
1.
2.
Villenage
,
is
where
a
man
holdeth
of
his
Lorde
,
either
by
doing
vnto
him
some
partiticuler
base
seruice
,
and
such
a
one
is
called
a
tenant
by
villenage
,
or
by
doing
generally
whatsoeuer
base
seruice
his
Lorde
will
commaund
and
impose
vpon
him
,
&
such
a
tenant
he
is
tearmed
in
our
Law
a
villaine
.
[
h
](A01292-e19850-b)
h
Litt.
lib.
2.
c
11.
sect'
1.
&
2
This
miserable
estate
of
villenage
,
had
his
beginning
soone
after
the
diluge
,
and
now
by
the
consent
of
all
nations
it
is
ratified
,
for
the
West
Indians
though
they
haue
[
i
](A01292-e19880-b)
i
Bodin
.
lib.
1.
de
repub.
c.
5.
The
Romains
had
power
by
their
law
to
sel
or
kil
their
villains
:
[
k
](A01292-e19890-b)
k
Tacit.
li.
14.
but
for
mittigation
of
cruelty
the
Law
Petronia
was
made
,
whereby
it
was
forbidden
that
none
should
put
his
villaine
to
death
without
cause
,
which
law
was
executed
by
Nero
,
[
l
](A01292-e19920-b)
l
Senec.
lib.
3.
de
benefic
.
&
after
by
Adrianus
:
[
m
](A01292-e19940-b)
m
Sparcian
.
in
Adrian
.
but
our
law
a
more
concionable
fauorer
of
life
hath
restrained
the
hands
of
the
Lord
from
the
bloudshed
of
his
villaine
,
and
from
the
mayming
of
him
,
[
n
](A01292-e19950-b)
n
Lit●
'
lib.
2.
c.
11.
sect'
32.
hauing
regard
to
the
Law
of
God
which
recompenseth
these
bondmen
with
freedom
whom
the
Master
hath
by
some
blowes
maymed
,
[
o
](A01292-e19960-b)
o
Exo.
21.
ver.
26.
&
27.
which
lawe
Constant
.
the
Emperor
did
put
in
practise
,
[
p
](A01292-e19980-b)
p
l.
1.
de
Emend
,
seruor
.
C.
but
all
the
lands
&
goods
purchased
&
possessed
by
the
villaine
the
law
frankly
giueth
to
the
Lord
,
if
he
wil
seise
&
claime
them
,
[
q
](A01292-e19990-b)
q
Litt'
lib.
2.
c.
11.
sect'
8.
10.
wretched
I
confesse
is
the
estate
of
such
men
,
but
yet
paciently
to
be
tollerated
,
because
quam
potestatem
alijs
deferre
voluimus
,
ferre
debemus
,
and
they
whose
auncestors
,
or
themselues
haue
acknowledged
themselues
to
be
villains
,
must
now
duetifully
beare
the
yoake
,
though
Cui
plus
licet
quàm
parest
,
plus
vult
quàm
licet
,
[
r
](A01292-e20020-b)
r
Gellius
lib.
17.
c.
14.
and
let
the
Lords
of
such
villaines
harken
to
that
which
is
spoken
of
an
heathen
man
diuinely
:
Boni
moderatoris
est
restringere
potestatem
,
[
s
](A01292-e20040-b)
s
Ammian
.
lib.
29.
but
to
leaue
these
particulers
&
to
proceed
more
generally
,
as
one
man
may
hold
lands
of
another
by
euery
of
these
[
t
](A01292-e20110-b)
t
Stamfords
Praerog
.
c.
7.
but
other
honors
there
be
which
of
so
long
time
haue
been
annexed
to
the
Crowne
,
that
to
hold
of
them
is
to
hold
in
chiefe
,
for
wheras
one
held
of
the
king
as
of
a
certaine
honor
,
to
[
u
](A01292-e20130-b)
u
Fitz.
nat.
bre.
256.
and
Anno
vndecimo
of
king
Henry
the
seuenth
,
the
honor
of
Ralegh
was
annexed
to
the
Crowne
,
therefore
if
any
man
hold
as
of
that
honor
it
is
a
tenure
in
capite
,
[
x
](A01292-e20150-b)
x
34.
H.
8.
●r
.
Cas.
230.
and
therefore
there
is
a
good
rule
in
the
Register
of
Writtes
,
that
a
man
shall
not
make
a
fine
for
alienation
of
lands
helde
of
the
King
as
of
his
honor
,
but
for
lande
helde
in
Capite
onely
:
for
there
be
certaine
honors
which
be
held
in
Capite
,
&
there
is
a
certain
writ
that
the
Eschetor
shal
not
greeue
any
man
for
alienation
of
land
held
as
of
an
Honor
,
for
that
is
as
of
an
honor
,
and
not
as
of
the
kings
person
,
&
no
Fine
shall
be
paied
for
the
alienation
of
such
lande
,
[
a
](A01292-e20170-b)
a
Regist'
184.
Br.
Alienac'
33.
And
whereas
it
was
found
by
Office
that
lande
was
helde
of
the
Queene
as
of
her
principalitie
of
Wales
,
by
the
seruice
of
goinge
with
the
Prince
in
Warre
at
the
charge
of
the
Prince
per
Curiam
.
[
b
](A01292-e20190-b)
b
18.
Eliz.
Dy.
per
Curiam
.
This
is
no
Tenure
in
capite
,
and
Master
Finchden
putteth
this
diuersity
,
that
where
an
Honour
is
seised
into
the
Kings
handes
,
if
a
Manor
held
of
the
Honor
do
escheat
to
the
king
by
a
common
Escheate
,
if
the
King
alien
the
Manor
to
holde
of
him
,
the
tenant
shall
hold
by
the
same
seruices
as
hee
helde
by
before
of
the
Honour
(
for
the
Honour
seemeth
to
bee
vice
domini
in
this
case
and
as
a
meane
Lord
)
but
if
it
come
to
the
King
by
forfaiture
of
warre
or
by
some
other
treason
,
or
by
some
other
cause
which
toucheth
the
Kings
person
,
and
the
King
seiseth
,
and
enfeoffeth
an
other
,
the
feoffee
shall
holde
of
the
King
as
of
his
Crowne
:
[
c
](A01292-e20220-b)
c
47.
E.
3.
21.
per
Finchden
.
and
though
the
Statute
of
Magna
Charta
Cap.
31.
before
recited
doe
say
,
Si
quis
tenuerit
de
nobis
de
aliqua
escaeta
vt
de
honore
Wallingforde
,
Bolen
&c.
non
faciet
aliud
seruitium
quam
fecit
praeante
:
yet
this
is
to
be
intended
of
a
common
Escheate
and
not
otherwise
.
[
d
](A01292-e20250-b)
d
19.
H.
8.
〈◊〉
Ca.
114.
So
a
man
may
holde
of
the
King
as
of
his
Manour
,
and
yet
not
holde
in
Capite
,
for
it
was
found
by
office
that
one
helde
land
of
the
King
,
as
of
his
Manor
of
Plimpton
,
and
other
landes
as
of
his
Manour
of
Darington
,
which
came
to
the
king
by
the
attainder
of
treason
of
the
Marquesse
of
Exetor
,
this
hath
beene
thought
to
be
no
Tenure
in
capite
,
for
tenures
in
chiefe
did
begin
in
auncient
time
vpon
the
graunts
of
Kings
to
defende
them
against
rebelles
and
enemies
:
and
at
this
day
the
Queene
may
create
a
tenure
in
Capite
,
if
shee
giue
lande
to
holde
of
her
person
:
otherwise
it
is
if
it
be
giuen
to
hold
of
an
Honor
,
Manour
,
&c.
for
a
Tenure
in
chiefe
must
be
immediatly
of
the
King
,
and
is
created
by
the
King
onely
:
for
a
tenure
created
by
a
subiect
cannot
be
a
tenure
in
chiefe
,
nor
haue
any
prerogatiue
annexed
vnto
it
,
and
if
the
tenants
of
an
Honour
should
holde
of
the
King
in
Capite
,
the
Honour
when
it
came
to
the
King
should
bee
destroyed
,
which
may
not
be
,
and
there
is
no
reason
that
the
tenant
in
whom
there
is
no
default
should
be
preiudiced
in
his
tenancie
by
the
offence
of
the
Lorde
,
[
e
](A01292-e20260-b)
e
30.
H.
8.
44.
Dyer
.
and
if
the
Q.
purchase
a
Manour
of
which
I.
S.
holdeth
by
knights
seruice
,
the
tenant
shall
holde
as
he
helde
before
,
and
he
needeth
not
to
tender
his
liuerie
,
nor
primer
seisin
:
for
he
doth
not
hold
in
Capite
,
but
as
of
a
Manour
,
and
if
his
heire
be
in
ward
by
reason
thereof
he
may
haue
an
Ouster
le
maine
at
his
ful
age
,
and
if
the
Queene
graunt
the
Manour
afterward
to
W.
N.
in
fee
,
excepting
the
seruices
of
I.
S.
now
I.
S.
holdeth
of
the
Queene
as
of
her
highnesse
person
:
yet
hee
shall
not
holde
in
Capite
but
by
such
seruices
as
he
helde
by
before
of
the
Manor
:
for
the
Queenes
acte
may
not
preiudice
her
tenant
,
[
f
](A01292-e20270-b)
f
29.
H.
8.
Br.
Ca.
113.
but
where
a
man
holdeth
of
the
Q.
by
reason
of
an
other
thing
,
as
namely
by
reason
of
a
Manour
,
this
is
no
tenure
in
Capite
,
[
g
](A01292-e20280-b)
g
3.
Eliz.
Com̄
241.
Wilgous
case
.
but
if
the
King
be
seised
of
a
Manour
,
and
giueth
to
a
straunger
an
acre
of
the
Manour
,
to
haue
and
to
hold
to
him
and
to
his
heires
of
his
body
engendred
without
expressing
any
seruice
,
the
donee
shall
hold
of
the
king
by
knights
seruice
in
Capite
,
[
h
](A01292-e20290-b)
h
Ibid
240.
per
Car.
and
tenures
likewise
may
be
to
hold
of
one
as
of
his
person
or
of
his
Manor
by
diuerse
other
seruices
,
as
if
a
man
had
made
a
feoffement
of
land
before
the
statute
or
a
gift
in
taile
sithence
the
statute
,
to
holde
of
him
by
the
making
of
a
bridge
ouer
certaine
land
,
or
by
making
a
beacon
in
the
lande
giuen
,
this
is
a
good
tenure
:
for
a
man
may
holde
of
an
other
by
doing
seruice
for
a
common
good
,
as
well
as
for
the
priuate
profit
of
the
Lord
as
to
repaire
a
bridge
,
or
a
high
way
,
or
by
keeping
such
a
Castle
,
for
the
Lorde
himselfe
in
this
hath
profit
with
others
.
[
i
](A01292-e20300-b)
i
11.
H.
7.
12.
12.
H.
7.
18.
p
Finch
.
24.
H.
8.
Br.
Cas.
51.
Nomom
.
You
haue
taken
some
paines
Anglonomoph
.
7.
Diuision
.
1
Whether
one
within
age
be
compellable
by
law
to
do
all
maner
of
seruice
either
by
himselfe
or
some
other
.
in
discribing
the
particuler
kindes
of
tenures
:
now
I
would
here
somewhat
of
Codicgn.
whether
one
within
age
be
excused
from
personal
seruice
,
because
his
age
is
not
fit
to
serue
,
so
that
the
seruiceage
is
suspended
vntil
the
maturity
of
his
age
:
or
whether
he
shal
be
compelled
to
do
his
seruice
by
a
substitute
.
Codicgn.
To
dissolue
that
question
a
difference
is
to
be
taken
,
for
either
the
Father
of
the
heire
which
is
within
age
died
in
the
warlike
seruice
[
k
](A01292-e20420-b)
k
Instit.
de
Excus
.
tutor
.
§.
sed
si
in
bello
ff
ad
leg
.
Aqu.
l.
qua
actione
,
§.
si
quis
in
colluctatione
.
which
the
best
and
most
learned
of
all
Poets
did
well
imagine
:
who
when
he
had
placed
Caesar
in
the
middest
of
extreme
troubles
,
to
comforte
and
encourage
him
,
representeth
vnto
him
the
ghost
of
Scaeua
,
one
that
dyed
a
good
while
before
,
but
yet
after
many
assaults
and
many
wounds
stoode
out
as
a
Conqueror
,
[
l
](A01292-e20450-b)
l
Lucan
.
li.
10.
which
conceite
of
Lucan
,
Tasso
a
moderne
Italian
writer
,
a
man
of
an
excellent
poeticall
witte
in
the
discriptyon
of
Guidoes
funerall
doth
passionatelye
though
Popishely
glaunce
at
,
[
m
](A01292-e20480-b)
m
S.
Torquat
.
Tasso
Canto
.
4.
Gierusal
.
liberat
.
but
if
the
father
died
not
in
warre
,
nor
in
the
expedition
,
but
by
naturall
death
in
his
owne
house
,
then
if
the
heire
at
the
death
of
his
Father
bee
in
his
pupillage
,
he
must
perfourme
that
seruice
by
a
substitute
.
Anglonomoph
.
But
by
our
Lawe
he
shall
be
in
[
n
](A01292-e20530-b)
n
Litt'
lib.
2.
c.
c
4.
sect'
3.
but
if
he
be
made
a
Knight
within
age
,
then
because
the
Lawe
intendeth
that
he
is
fit
to
doe
his
seruice
,
because
knighthoode
is
bestowed
in
regarde
of
precedent
merite
,
or
of
some
eminent
prowesse
and
towardnes
,
as
may
appeare
by
that
saying
of
Scipio
in
the
Senate
.
ab
annis
septemdecim
ad
senectutem
semper
vos
aetatem
meam
honoribus
vestris
anteistis
,
ego
vestros
honores
rebus
gerendis
precessi
:
[
o
](A01292-e20560-b)
o
Liuius
li.
38.
the
Law
is
otherwise
:
But
2.
Ed.
6.
in
the
case
of
Sir
Anthony
Browne
of
Surrey
vicount
Mountegue
,
a
difference
was
taken
,
where
the
tenant
by
[
p
](A01292-e20590-b)
p
2.
E.
6.
Br.
Gard
42.
&
72.
For
otherwise
the
auncestor
may
procure
his
sonne
within
age
to
be
made
knight
by
collusion
,
to
the
intent
to
defraude
the
Lord
of
his
warde
,
but
this
seemeth
to
be
but
a
weake
reason
,
because
knighthood
is
not
by
intendement
of
the
law
graunted
vpon
so
sleight
a
cause
:
but
it
seemeth
to
Master
Brooke
,
where
the
heire
is
in
ward
,
and
is
made
knight
being
in
warde
,
this
shall
free
him
from
wardship
,
for
the
statute
of
Magna
Chartaca
.
3.
(
Postquam
heres
fuerit
in
custodia
,
cum
ad
aetatem
peruenerit
scil.
21.
annorum
habeat
heredit
atem
suam
sine
releuio
&
sine
fine
:
ita
tamen
quod
si
ipse
dum
infra
aetatem
fuerit
fiat
miles
,
nihilominus
terra
sua
remaneat
in
custodia
dominorum
vsque
ad
terminum
supradictum
)
this
(
saieth
[
q
](A01292-e20620-b)
q
Br.
ibid.
Master
Brooke
)
verie
probaly
,
guyding
his
opinion
by
the
premisses
,
is
onely
to
be
intended
where
the
heire
is
made
Knight
within
age
being
in
warde
after
the
death
of
his
auncestour
,
and
not
where
he
is
made
knight
in
the
life
of
the
auncestour
,
but
admitte
this
to
be
meant
of
such
an
heire
onely
,
yet
by
no
consequence
can
a
man
inferre
hereof
,
that
if
an
heire
within
age
bee
made
knight
in
his
fathers
life
time
he
shal
be
in
warde
after
the
death
of
his
father
,
nay
there
is
good
authoritie
for
the
contrarie
.
[
r
](A01292-e20640-b)
r
6.
Elizab.
Comm̄
268.
Nomomat
.
Let
mee
knowe
I
pray
you
what
Codicgn.
By
our
Lawe
the
vassalle
is
depriued
[
s
](A01292-e20730-b)
s
C.
vnico
,
que
fuit
prima
causa
.
§.
sed
non
est
alia
.
so
that
the
Lorde
doe
demaunde
fealtie
at
due
times
and
allowed
by
Lawe
,
because
if
he
should
demaund
it
euerie
yere
the
vassalle
should
not
loose
his
tenancie
,
[
t
](A01292-e20740-b)
t
§.
&
si
vastallus
si
de
feud
:
de
funct'
.
§.
licet
vastallus
&c.
domino
guerram
in
tit
.
hic
finit
.
lex
&c.
also
the
vassall
looseth
his
tenancie
,
if
stipendia
militiae
pro
quantitate
feodi
,
when
he
is
lawfully
demaunded
,
[
u
](A01292-e20770-b)
u
de
pace
iuram
:
firm
:
§.
fin
:
and
that
is
said
to
be
a
due
quantitie
of
a
knights
see
,
when
the
vassall
which
goeth
not
in
war
,
nor
sendeth
a
sufficient
man
,
doth
yeelde
the
halfe
part
of
the
yerely
value
of
his
tenancy
to
the
Lord
.
[
x
](A01292-e20780-b)
x
C.
Imperialem
§
firmiter
de
prohi
:
feud
:
alien
:
p
Freder
:
Angonomo
.
There
be
many
conclusions
in
our
[
a
](A01292-e20830-b)
a
Litt'
lib.
2.
c.
7.
sect
13.
But
if
a
man
bee
seised
of
a
Mannour
,
and
an
other
man
holdeth
lande
of
him
as
of
the
foresayde
Mannour
by
homage
,
and
hath
done
his
homage
vnto
him
,
and
a
straunger
bringeth
a
Precipe
quod
reddat
against
the
owner
of
the
Mannour
,
and
recouereth
the
Mannour
against
him
,
and
sueth
execution
,
in
this
case
the
tenaunt
shall
agayne
doe
homage
to
him
that
recouered
the
Mannour
,
though
he
haue
done
homage
before
,
because
the
estate
of
him
who
receiued
the
first
homage
is
defeated
by
the
recouerie
,
and
it
lyeth
not
in
the
mouthe
of
the
tenaunt
to
falsifye
or
defeate
the
recouerie
which
was
against
his
Lorde
.
[
b
](A01292-e20850-b)
b
Litt'
ibid'
sect'
17.
And
if
if
a
tenaunt
which
ought
by
his
tenure
to
doe
homage
to
his
Lorde
come
to
his
Lorde
and
say
vnto
him
,
that
hee
is
readie
to
doe
him
homage
for
the
tenements
which
hee
holdeth
of
him
,
and
the
Lorde
doth
then
refuse
to
receiue
it
,
after
such
refusall
the
Lord
cannot
distreigne
the
tenaunt
for
the
homage
,
before
the
Lorde
require
him
to
doe
homage
vnto
him
and
he
refuseth
,
[
c
](A01292-e20860-b)
c
Litt'
lib.
2.
c.
7.
sect'
19.
20.
and
he
that
holdeth
by
Knights
seruice
of
the
King
,
neede
not
goe
to
warre
with
him
,
if
hee
will
finde
a
sufficient
person
conueniently
armed
,
and
fitte
to
goe
with
the
King
,
and
this
seemeth
good
reason
:
For
it
may
bee
,
that
hee
that
holdeth
by
such
seruices
doth
languishe
in
sickenesse
,
so
that
he
cannot
goe
,
nor
ryde
:
And
a
Feme
sole
which
holdeth
by
such
seruices
may
not
in
such
case
goe
in
proper
person
,
and
it
hath
beene
said
,
that
Escuage
shall
not
bee
graunted
vnlesse
the
King
goe
to
warre
himselfe
in
proper
person
,
and
after
such
a
voyage
royall
it
hath
beene
likewise
affirmed
,
that
by
authoritie
of
Parliament
Escuage
shall
be
assessed
and
put
in
certaine
how
much
euery
one
that
holdeth
by
an
entier
fee
of
Knightes
seruice
,
which
was
not
with
the
King
by
himselfe
or
by
an
other
for
him
,
shall
pay
to
his
Lord
of
whom
he
holdeth
by
Escuage
,
as
if
it
be
ordeigned
by
authoritie
of
Parliament
that
euery
one
which
holdeth
by
an
entier
fee
of
Knights
seruice
that
was
not
with
the
King
nor
any
other
&c.
for
him
shall
pay
to
his
Lord
fortie
shillinges
,
then
euery
one
that
holdeth
of
his
Lord
by
the
moitie
of
a
Knights
fee
,
shall
pay
to
his
Lorde
fortie
shillinges
,
and
he
that
holdeth
by
a
fourth
parte
tenne
shillinges
,
and
soe
pro
rata
.
[
d
](A01292-e20880-b)
d
Litt'
lib.
2.
e.
3.
sect'
5.
6.
8.
7.
E.
3.
29.
Nomom
.
Resolue
me
I
pray
you
whether
when
Codicgn.
In
such
case
either
the
offence
is
[
e
](A01292-e20970-b)
e
Cap.
vnico
§.
denique
in
si
:
in
illis
verbis
si
tamen
fuerit
paternumt
.
it
:
que
fuit
prima
causa
ben
:
amitt
:
or
he
hath
offended
against
some
other
person
,
and
not
against
the
person
of
the
Lord
,
then
the
children
onely
,
and
such
as
were
to
take
benefit
by
the
person
of
the
father
,
as
issuing
from
his
bodie
are
repulsed
from
the
inheritance
,
[
f
](A01292-e20980-b)
f
§.
Si
vassallus
culpam
:
si
de
feud●
defunct'
.
and
then
it
goeth
to
them
of
the
kinred
which
are
nearer
in
degree
.
[
g
](A01292-e20990-b)
g
Gloss.
super
verbo
reuocabuntur
in
d.
si
vassallus
culpam
.
Anglonomoph
.
By
our
Lawe
where
the
tenant
is
outlawed
of
felonie
,
it
is
in
the
Lords
election
to
haue
a
writ
of
Escheate
,
supposing
that
his
tenant
was
outlawed
of
felony
,
or
that
he
dyed
without
heire
,
for
by
the
attainder
the
bloud
is
corrupted
:
[
h
](A01292-e21030-b)
h
48
E.
3.
2.
But
it
seemeth
by
Nicholses
case
,
[
i
](A01292-e21090-b)
i
18.
Eliz.
Com̄
477.
Nichols
case
.
but
this
is
to
be
intended
in
case
of
felonie
,
for
in
case
of
treason
the
King
shall
bee
presently
after
the
attainder
in
actuall
possession
without
office
founde
by
the
statute
of
33.
H.
8.
cap.
20.
and
if
a
man
bee
executed
for
felonie
or
die
after
Iudgement
before
he
be
put
in
execution
,
yet
the
writ
shall
say
pro
quo
suspensus
fuit
,
and
if
he
be
put
to
death
by
some
other
punishement
then
hanging
,
though
the
writte
say
pro
quo
suspensus
fuit
,
that
is
not
materiall
,
[
k
](A01292-e21120-b)
k
Fitz.
nat.
bre.
144.
H.
and
if
the
father
purchase
lande
,
and
his
eldest
sonne
is
attainted
of
felonie
and
dieth
,
hauing
issue
a
sonne
,
and
the
father
dieth
,
the
next
in
degree
of
discent
and
worthines
of
bloud
vnto
the
sonne
attainted
shall
not
haue
the
lande
,
but
it
shall
escheate
to
the
immediate
Lord
of
whom
the
Land
is
held
,
for
the
bloud
is
corrupted
:
otherwise
it
had
b
in
if
he
had
died
in
the
life
of
his
father
hauing
no
issue
.
[
l
](A01292-e21130-b)
l
32.
H.
8.
48.
Dyer
.
Nomom
.
Though
I
must
needes
confesse
that
it
is
verie
good
reason
that
the
sonnes
of
them
,
which
are
disloyall
subiectes
and
traitors
to
their
Prince
shoulde
be
barred
from
the
enheritance
of
their
auncestours
,
that
their
fathers
infamy
should
alwaies
accompanie
them
,
and
that
they
shoulde
liue
in
perpetuall
memorie
,
indignitie
,
and
disgrace
,
that
their
life
should
be
a
punishment
vnto
them
,
and
their
fathers
fault
a
continual
corrisiue
(
for
that
is
done
,
because
their
fathers
vices
are
feared
in
them
,
&
it
may
be
wel
thought
,
that
being
bredde
,
and
brought
vp
of
naughtie
parents
,
they
will
be
prone
to
doe
the
like
,
and
punishment
in
that
case
is
vsed
in
the
nature
of
a
medicine
and
not
in
fourme
of
a
penaltie
:
and
as
it
hath
the
effect
of
a
punishment
euerie
one
is
punished
for
his
owne
fault
onely
:
but
as
it
hath
the
effect
of
a
medicine
,
so
one
man
is
punished
for
an
others
fault
,
that
by
suffering
shame
hee
may
be
deterred
from
crime
)
yet
here
it
may
be
said
what
place
is
there
left
for
innocencie
if
the
most
guiltles
may
be
punished
for
the
misdemeanor
of
the
most
guiltie
,
for
as
it
is
not
the
fault
of
the
corne
that
it
groweth
in
a
badde
soile
,
so
it
is
not
the
fault
of
the
sonnes
that
they
are
begotten
of
lewde
fathers
,
therfore
it
may
seeme
meet
and
expedient
that
there
should
be
ibi
paena
,
vbi
culpa
and
that
offences
should
rest
vpon
the
authors
,
and
that
the
falle
shoulde
goe
no
further
then
the
fault
,
and
there
is
a
Law
in
Deutronom
.
Non
interficiantur
patres
pro
filijs
,
nec
filij
pro
patribus
,
sed
quisque
pro
peccato
suo
interficiatur
,
[
m
](A01292-e21190-b)
m
Deut.
c.
24.
and
in
an
other
place
,
vnusquisque
in
iniquitate
sua
morietur
,
&
quicunque
comederit
vuam
acerbam
illius
dentes
obstupescent
,
[
n
](A01292-e21210-b)
n
Ierem.
31.
and
againe
anima
que
peccauit
ipsa
morietur
,
filius
non
portauit
iniquitatem
patris
.
[
nn
](A01292-e21230-b)
nn
Ezechi.
18.
Codicgn.
But
Saule
did
not
obserue
that
rule
in
Deutronom
.
when
he
did
put
to
the
sword
the
citizens
of
Nobe
,
where
he
did
slay
men
,
women
,
children
,
oxe
,
asse
,
and
sheepe
ore
gladij
.
[
o
](A01292-e21310-b)
o
1.
Reg.
22.
Canonol
.
But
Dauid
did
keepe
it
,
who
woulde
[
p
](A01292-e21390-b)
p
2.
Reg.
4.
and
caused
them
to
bee
slaine
,
who
wrought
his
death
.
Codicgn.
Yet
God
did
otherwise
,
who
in
the
diluge
did
destroy
the
parentes
with
their
children
,
who
spared
neither
sexe
nor
age
in
Sodom
,
who
destroied
together
all
the
whole
nation
of
the
Amalekites
,
who
would
needs
haue
Achan
destroied
with
the
children
,
who
did
roote
out
al
the
inhabitants
of
Ierusalem
.
Cononol
.
We
must
otherwise
conceiue
of
God
his
iudgements
,
then
of
mens
proceedinges
:
hee
hath
said
viae
meae
non
sunt
viae
vestrae
,
all
perfection
,
goodnes
,
and
iustice
beginneth
at
him
,
who
doth
not
any
thing
because
it
is
iust
,
but
it
is
therefore
iust
because
hee
doth
it
,
or
woulde
haue
it
done
,
and
if
Achan
had
bin
arrained
before
an
Ordinary
tribunall
he
onely
had
perished
and
not
his
children
,
but
God
his
iudgement
is
extraordinarie
,
and
his
will
is
therefore
a
Lawe
because
he
is
God
,
he
is
not
bound
to
render
accompt
to
any
:
neither
is
he
guided
by
any
Lawe
but
by
the
Lawe
of
his
owne
will
,
and
though
one
man
know
not
what
an
other
doth
purpose
and
imagin
,
yet
God
knoweth
the
hart
and
searcheth
the
reines
and
might
see
somewhat
condemnable
in
Achans
children
which
man
could
not
discouer
,
yet
in
some
cases
he
doth
obserue
an
ordinarie
course
of
punishment
,
for
[
q
](A01292-e21470-b)
q
Numb.
26.
Core
perished
onely
but
not
his
sonnes
,
but
they
were
kept
safe
for
the
Lords
seruice
,
and
of
their
posteritie
came
Samuel
.
Codicg
.
That
which
I
spake
before
(
Canono
.
)
out
of
the
scripture
was
but
by
way
of
obiection
,
for
our
law
punisheth
not
the
Sons
with
death
,
but
only
with
losse
of
inheritance
in
case
of
treason
.
[
r
](A01292-e21520-b)
r
ff.
&
C.
ad
l.
Iul.
mai
.
Anglonomoph
.
The
same
Lawe
doe
we
obserue
both
in
felonie
and
treason
together
with
the
forfaiture
of
the
goods
.
Codicgn.
The
losse
of
inheritance
in
our
Lawe
doth
comprehend
the
forfaiture
of
the
goods
.
Nomom
.
Ye
haue
dwelt
a
long
time
in
this
discourse
of
tenures
and
seruices
:
now
therefore
I
would
haue
ye
to
speake
somwhat
of
Iointenancie
and
tenancie
in
common
.
The
Seuenth
Dialogue
.
Of
Deuises
and
Legacies
.
NOmomathes
.
First
I
pray
you
tell
Codicgn.
It
is
very
auncient
,
for
it
was
one
[
a
](A01292-e23630-b)
a
L.
verbis
legis
ff.
de
verb.
signif.
But
before
Solons
time
it
was
not
lawfull
for
a
man
to
deuise
his
goods
Extra
familiam
,
to
straungers
:
and
therefore
,
when
Solon
did
by
Lawe
established
,
graunt
this
libertie
to
the
Athenians
,
it
was
plausibly
receiued
of
them
,
and
accompted
the
best
of
all
his
Lawes
.
[
b
](A01292-e23680-b)
b
Plutarch
.
in
Solon
.
But
Plato
in
his
writings
straungely
,
[
c
](A01292-e23710-b)
c
Plat.
lib.
11.
de
legib.
This
sentence
of
Plato
,
Iustinian
an
Emperour
exquisitely
busied
in
the
compiling
of
Lawes
,
because
hee
had
rather
erre
with
Plato
,
then
yeelde
vnto
the
truth
with
Solon
,
alloweth
,
and
frameth
his
Lawes
accordingly
,
[
d
](A01292-e23750-b)
d
Authent
.
de
trient
:
&
sem.
in
l.
Paulus
ad
Treb.
and
S.
Ierom
writeth
,
that
Solons
Lawe
was
repealed
in
his
time
,
because
Priestes
which
were
commonly
employed
in
the
making
of
willes
,
did
greedily
and
odiously
drawe
to
themselfes
,
the
inheritance
of
the
dead
:
[
dd
](A01292-e23780-b)
dd
L.
1.
C.
de
sacr:
Eccles.
and
an
other
reason
may
be
added
in
defence
of
Platoes
opinion
:
because
men
in
daunger
of
death
are
for
the
most
parte
too
prodigall
,
which
Aristotle
noted
,
[
e
](A01292-e23810-b)
e
Diogen
.
Laerti
.
in
vit.
Aristotel
.
and
Tacitus
pronounceth
more
peremptorily
speaking
of
Otho
,
[
f
](A01292-e23840-b)
f
Tacit.
lib.
2.
lustor
.
Pecunias
distributt
parce
,
nec
tanquam
periturus
,
hauing
affirmed
before
,
Difficilius
est
temperare
,
qua
te
non
putes
diu
vsurum
.
But
Solons
[
g
](A01292-e23900-b)
g
L.
3.
D.
qui
test
.
fa.
pos
.
and
without
it
men
can
not
effect
the
good
education
and
bringing
vp
of
their
children
,
nor
be
able
of
their
proper
goodes
,
chattels
and
other
mooueable
substaunce
to
discharge
their
dettes
,
and
after
their
degrees
set
foorth
and
aduance
their
children
and
posteritie
.
[
h
](A01292-e23910-b)
h
32.
H.
8.
c.
1.
Willes
2.
nor
leaue
their
wifes
such
comfortable
support
as
in
conscience
they
ought
.
Nomomathes
.
Lette
mee
know
I
pray
you
Codicgnostes
.
Euerie
one
that
may
bee
made
[
i
](A01292-e24000-b)
i
C.
de
haered
.
instit
.
l.
1.
but
there
is
a
difference
betwixt
the
making
of
a
deuisee
and
the
making
of
an
heire
or
executor
,
because
he
that
is
to
be
made
heire
or
executor
must
bee
an
able
person
in
Lawe
,
as
well
at
the
time
of
the
making
of
the
Testament
,
as
at
the
death
of
the
testator
,
and
the
vndertaking
of
the
executorship
,
or
entre
into
the
inheritaunce
:
[
k
](A01292-e24010-b)
k
ff.
de
haered.
Insti
.
l.
si
alienum
§.
de
extraneis
&
Iust:
de
haer.
qual.
&
differ
.
§.
in
extraneis
.
but
as
to
the
deuisee
it
is
sufficient
if
he
be
capable
at
the
time
of
the
death
of
the
testator
.
[
l
](A01292-e24020-b)
l
ff.
de
donat.
causa
mort
:
l.
in
mortis
.
&
de
condit
:
&
demon
.
l.
eum
qui.
&
ff.
de
iur
.
fisc
:
l.
non
intelligitur
§.
quando
.
Anglonom
.
By
our
Law
to
al
such
persons
,
to
whom
a
graunt
may
be
made
,
a
deuise
may
bee
[
m
](A01292-e24080-b)
m
Park
.
97.
Sect.
505.
9.
H.
6.
23.
2.
Eliza.
119.
Pl.
18.
Dy.
13.
Eli.
303.
Pl.
49.
Dy.
&
300.
Pl.
39.
&
5.
E.
4.
6.
p
Billing
.
and
the
Comminaltie
of
a
guild
,
which
is
not
incorporate
by
the
kings
charter
to
purchase
lands
,
is
not
capable
of
lands
,
and
if
a
man
seised
of
lands
deuiseable
in
fee
,
do
deuise
the
same
land
to
A.
for
life
,
to
find
a
Chapleine
chaunting
in
the
Church
of
Dale
,
the
remainder
to
two
of
the
best
men
of
the
Guilde
or
fraternitie
of
Whittawers
in
London
to
find
a
chaplaine
&c.
if
the
Whittawers
be
not
incorporate
by
the
Kings
charte●
,
&
enabled
to
purchase
,
this
remainder
is
void
,
[
n
](A01292-e24090-b)
n
Park
.
98.
sect.
510.
49.
E.
3.
3.
and
if
a
rent
be
granted
for
life
to
I.
S.
the
remainder
in
fee
to
him
that
shall
first
come
to
Powles
the
next
daie
in
the
morning
,
this
remainder
is
good
though
it
be
vpon
condition
,
if
I.
S.
die
not
before
the
next
daie
,
and
if
one
come
to
Powles
the
next
daie
in
the
morning
,
if
he
which
commeth
thither
then
be
not
a
person
disabled
to
take
by
the
graunt
,
[
o
](A01292-e24100-b)
o
30.
Assis
.
pl.
47.
Perk.
13.
Sect.
56.
so
that
whereas
you
say
that
by
your
Lawe
it
is
[
p
](A01292-e24120-b)
p
Littl.
lib.
2.
c.
10.
Sect.
8.
27.
Assis
.
pl.
60.
and
then
they
are
not
one
person
.
[
q
](A01292-e24130-b)
q
24.
H.
8.
Br.
Deuis
.
34.
Nomom
.
Now
let
me
know
what
things
may
Codicgn.
Whatsoeuer
things
the
testator
hath
[
r
](A01292-e24220-b)
r
ff.
de
legat
.
2.
l.
vinum
§.
si
rem
tuam
.
&
if
he
happen
to
deuise
a
thing
,
which
is
not
his
owne
but
an
other
mans
,
the
executor
is
by
our
Lawe
compelable
to
buy
it
,
and
to
giue
it
to
the
deuisee
by
vertue
of
the
will
,
or
if
the
owner
will
not
sell
it
,
hee
ought
to
pay
the
very
value
and
full
estimation
of
it
to
the
deuisee
,
[
s
](A01292-e24230-b)
s
ff.
de
legat
:
3.
l.
dubium
§.
vlti
.
and
if
lande
bee
bought
by
the
deuisor
,
for
which
he
hath
not
payed
any
monie
,
or
not
all
the
monie
,
if
he
died
,
and
the
deuisee
will
haue
the
land
,
hee
must
pay
the
monie
,
and
so
enioy
the
land
,
[
t
](A01292-e24240-b)
t
L.
39.
§.
Idem
Iulianus
de
legat
.
1.
but
if
the
deuisor
haue
solde
lande
,
and
hath
not
receiued
the
monie
,
and
he
deuiseth
the
lande
so
solde
to
I.
S.
the
deuisee
in
this
case
shall
not
haue
the
lande
solde
,
but
the
monie
that
is
to
bee
payed
for
it
,
for
an
argument
is
rightly
drawne
ab
augmento
ad
diminutionem
,
[
u
](A01292-e24260-b)
u
L.
si
ex
toto
eo
.
tit.
so
that
this
conclusion
may
bee
made
,
is
the
thing
bought
due
to
the
deuisee
?
then
the
deuisee
ought
to
pay
the
monie
:
is
the
thing
not
solde
not
due
to
the
deuisee
?
then
hee
must
haue
the
monie
that
is
to
bee
payed
for
it
.
Anglonomoph
.
In
our
Lawe
the
making
of
a
testament
Euerie
person
hauing
,
or
which
after
this
acte
shall
haue
&c.
[
a
](A01292-e24370-b)
a
10.
Eli.
Com̄
Brets
case
,
per
Louel
&
touts
les
Iust
.
Nomom
.
I
pray
you
let
me
know
more
particularly
what
things
may
be
deuised
.
Codicgn.
A
thing
may
be
deuised
which
is
not
[
b
](A01292-e24460-b)
b
Instit.
de
legat
.
§.
ea
quoque
res
.
&
ff.
de
legat
.
1.
l.
quod
in
rerum
.
but
if
the
testator
doe
deuise
tenne
quarter
of
corne
comming
of
the
corne
which
shall
growe
in
such
a
soyle
,
or
two
tunnes
of
wine
of
his
grapes
in
such
a
vineyard
,
or
tenne
lambes
of
such
a
flock
,
though
so
much
corne
,
or
wine
,
or
so
many
lambes
doe
not
arise
of
the
thinges
abouesaid
,
yet
the
heire
or
executor
is
compellable
by
law
to
make
them
good
integraliter
,
because
he
may
seeme
to
haue
mencioned
the
soile
,
the
vineyard
,
and
the
flocke
,
rather
by
way
of
demonstration
then
by
way
of
condition
:
[
c
](A01292-e24480-b)
c
l.
quid
testamento
in
prin.
ff.
de
leg.
1.
&
l.
Paulo
Callimacho
.
§.
Iullanus
Seuerus
ff.
de
legat
.
3.
&
l.
Lucius
ff.
de
alim
.
leg
:
but
if
the
testator
doe
deuise
certaine
goods
,
or
a
certaine
summe
of
money
to
I.
S.
and
in
his
life
time
after
recouerie
of
his
health
,
he
giueth
the
goods
or
payeth
the
money
to
the
said
I.
S.
now
without
any
alteration
of
the
deuise
in
the
will
,
the
executors
shall
bee
discharged
of
perfourming
the
deuise
after
the
death
of
the
testator
.
[
d
](A01292-e24490-b)
d
l.
Lucius
Titius
in
testamento
in
prin.
ff.
de
legat
.
2.
gl.
in
Clem.
dudum
.
de
Sepultur
.
Angonomoph
.
It
is
said
in
our
bookes
that
if
a
[
e
](A01292-e24540-b)
e
4
H.
3.
Deuis
.
26.
But
if
a
man
seised
of
lande
in
fee
as
in
right
of
his
w●fe
,
doe
lease
the
same
land
for
yeares
to
a
straunger
,
and
the
lessee
soweth
the
lande
,
and
after
the
woman
dyeth
,
the
corne
being
not
ripe
,
in
this
case
the
lessee
may
deuise
the
corne
growing
vppon
the
lande
,
and
yet
this
estate
is
determined
,
and
it
was
certaine
,
but
a
thing
non-certaine
was
the
cause
of
the
determination
of
it
:
[
f
](A01292-e24550-b)
f
7.
E.
3.
67.
7.
E.
4.
17.
Park
.
99.
sect
513.
10.
E.
3.
29.
And
if
a
man
bee
seysed
of
lande
in
the
right
of
his
wife
,
and
sowe
it
,
ad
deuiseth
the
corne
growing
vpon
the
lande
,
and
dyeth
before
it
bee
seuered
,
the
deuisee
shall
haue
it
,
and
not
the
wife
:
but
otherwise
it
is
of
hearbes
or
meadowe
growing
vpon
the
lande
,
and
not
seuered
at
the
time
of
the
death
of
the
deuisour
.
[
g
](A01292-e24560-b)
g
7.
Ass.
pl.
16.
And
if
tenaunt
in
taile
of
lande
lease
the
lande
for
life
,
and
the
lessee
soweth
the
lande
with
Corne
,
and
the
tenaunt
in
tayle
dyeth
,
and
the
issue
recouereth
in
a
Formedon
in
discender
before
the
Corne
bee
seuered
,
the
issue
in
taile
may
well
deuise
it
▪
[
h
](A01292-e24570-b)
h
Park
.
Deuis
.
100
sect
520.
and
if
a
man
which
is
seised
of
land
in
fee
,
haue
issue
a
daughter
,
and
dyeth
,
his
wife
being
grossement
enseint
with
a
sonne
,
and
the
daughter
entreth
and
soweth
the
lande
,
and
after
the
sowing
and
before
the
seuerance
the
sonne
is
borne
,
and
one
of
his
next
friendes
entreth
for
him
,
yet
the
daughter
may
deuise
the
Corne
growing
vppon
the
lande
,
[
i
](A01292-e24580-b)
i
19.
H.
6.
6.
And
the
Statute
of
Merton
,
which
sayeth
that
omnes
viduae
possint
legare
blada
is
but
an
affirmation
of
the
common
Lawe
which
was
vsed
in
the
time
of
King
Henry
the
thirde
aboue
mencioned
,
in
the
beginning
of
his
raigne
:
and
so
it
is
of
other
thinges
future
contingent
,
they
may
bee
deuised
well
enough
,
for
if
a
man
enfeoffe
a
straunger
of
his
lande
vpon
payment
,
or
non-payment
on
the
part
of
the
feoffee
,
as
if
the
feoffee
shall
pay
vnto
the
feoffour
twentie
poundes
,
at
the
feast
of
Easter
next
ensuing
,
that
then
he
may
reteigne
the
lande
to
him
and
to
his
heires
,
and
if
hee
doe
not
pay
that
then
it
shall
bee
lawfull
for
the
feoffour
to
re-enter
,
nowe
if
the
feoffour
make
his
will
,
and
deuise
the
money
when
it
shall
bee
paied
to
A.
and
dyeth
before
the
day
of
payment
,
this
is
a
good
deuise
condicionally
,
that
is
,
if
the
feoffee
pay
the
mony
to
the
executors
.
[
k
](A01292-e24610-b)
k
12.
E.
3.
Condic
.
8.
For
when
[
l
](A01292-e24660-b)
l
21.
E.
4.
Abbot
de
Walth
.
case
45.
p
Keble
.
Codicgn.
By
our
Law
a
man
may
deuise
to
one
[
m
](A01292-e24710-b)
m
ff.
de
legat
.
1.
l.
apud
Iulian
.
§.
si
quis
.
and
if
the
testator
doe
deuise
one
of
his
vineyardes
,
one
of
his
horses
,
or
one
of
his
rickes
of
corne
,
it
shall
be
in
the
election
of
the
heire
or
the
executor
,
what
vineyarde
,
what
horse
,
or
what
ricke
of
corne
he
will
giue
him
,
so
that
he
giue
him
not
the
verie
worst
,
but
these
which
be
indifferent
.
[
n
](A01292-e24720-b)
n
l.
legato
generaliter
ff.
de
lega
.
1.
Anglonomoph
.
So
in
our
Law
a
man
may
graunt
,
&
therefore
as
I
think
if
one
deuise
vnto
an
other
one
of
the
horses
in
his
stable
,
and
he
hath
fiue
in
his
stable
,
the
grauntee
may
chose
which
of
them
he
will
haue
:
and
if
a
man
graunt
to
one
xx
.
s.
of
rent
charge
,
or
xl
.
s.
of
rent
charge
,
I
may
distreine
for
which
of
the
rents
I
will
.
[
o
](A01292-e24760-b)
o
9.
E.
4.
39.
11.
E.
3.
Annuity
27.
Park
.
Grants
17.
sect
74.
Nomomat
.
Let
me
aske
you
this
question
:
The
Codicgn.
I
thinke
he
is
bounde
by
Lawe
to
pay
Ius
acrescendi
taketh
effect
in
legacies
.
the
whole
summe
vnto
her
,
[
p
](A01292-e24860-b)
p
l.
qui
quartan
§.
fin
.
ff.
de
legat
.
1.
for
ius
accrescendi
habet
locum
in
legatis
,
[
q
](A01292-e24880-b)
q
d.
§.
fin
.
cum
l.
seq.
&
l.
a
Titio
.
ff.
de
verbo
oblatio
.
and
so
if
the
testator
do
deuise
that
if
he
shall
haue
a
daughter
,
the
executor
shoulde
giue
a
C.
li.
for
the
mariage
of
his
daughter
,
and
two
daughters
be
borne
,
nowe
the
executor
shall
pay
to
euery
of
them
C.
li.
[
r
](A01292-e24890-b)
r
l.
qui
filiabus
§.
si
quis
ita
.
ff.
de
legat
.
1.
and
if
the
case
be
,
that
the
testatour
doth
deuise
the
sixthe
part
of
his
houses
,
of
his
landes
,
or
vineyards
to
Sempronius
,
whereupon
Sempronius
demaundeth
a
sixth
part
of
euery
house
,
of
euery
farme
,
and
of
euery
vineyarde
:
and
the
heire
saith
that
these
thinges
cannot
well
be
deuided
,
but
that
hee
is
readie
to
pay
to
the
deuisee
the
verie
[
s
](A01292-e24930-b)
s
l.
non
amplius
.
§.
cum
honorum
.
ff.
de
legat
.
1.
Anglonomoph
.
As
to
your
last
case
our
law
doth
accorde
with
yours
,
for
legacies
shal
be
fauoured
and
ordered
as
dower
is
,
and
if
a
woman
haue
title
of
dower
to
a
house
,
a
chamber
in
the
house
may
be
allotted
vnto
her
,
as
the
third
part
of
the
[
t
](A01292-e24990-b)
t
1.
H.
5.
1.
45.
E.
3.
Dower
50.
Na.
Br.
7.
2.
H.
6.
11.
13.
E.
2.
Dower
161.
Fitz.
na.
br.
148
C.
150.
G.
149.
K.
148.
C.
12.
E.
2.
Dower
157.
11.
E.
3.
Dower
85.
15.
E.
3.
Dower
81.
Nomomat
.
Let
the
case
bee
that
the
Testatour
Codicgn.
By
our
Lawe
hee
shall
haue
the
[
u
](A01292-e25080-b)
u
l.
seruum
silij
§.
si
are
ae
ff.
de
l.
si
are
ae
.
ff.
de
leg.
2.
and
wee
haue
a
rule
in
our
Lawe
,
Quidquid
plantatur
,
seritur
,
vel
inaedificatur
,
omne
solo
cedit
,
radices
si
tamen
egit
.
Anglonomoph
.
It
is
so
likewise
in
our
Lawe
,
[
a
](A01292-e25150-b)
a
32.
H.
8.
47.
Dyer
.
Nomomat
.
Put
case
the
Testatour
deuiseth
to
[
b
](A01292-e25200-b)
b
l.
seruum
silij
§
●um
qui
chirographum
.
de
legat
.
1.
Codicgn.
In
that
case
the
debt
passeth
,
ʰ
but
[
c
](A01292-e25260-b)
c
d.
l.
seruum
filij
§.
sed
et
si
nomen
.
Anglonomoph
.
Master
Perkins
,
a
man
that
writeth
[
d
](A01292-e25330-b)
d
Perkins
101.
sect'
527.
but
howe
bonds
,
or
things
in
action
may
passe
directly
from
one
to
another
by
way
of
graunt
,
or
deuise
,
I
cannot
yet
perceiue
by
any
authenticke
opinion
in
our
yere
bookes
:
for
to
say
that
the
especialty
,
or
bonde
conteyning
the
debt
or
duety
,
doth
passe
vnto
the
deuisee
,
though
the
debt
doe
not
passe
,
as
namely
the
parchment
,
ynke
,
and
waxe
,
but
not
the
summe
conteigned
,
is
as
if
one
shoulde
imagine
,
that
a
man
roweth
ouer
Thames
in
body
,
and
yet
remaineth
at
the
Temple
staires
in
soule
,
for
if
the
debt
being
the
principall
doe
not
passe
,
I
cannot
vnderstand
how
the
parchment
or
paper
,
or
the
deede
it selfe
,
being
the
accessorie
can
passe
,
for
accessorium
sequitur
suum
principale
.
Nomom
.
Resolue
in
this
,
if
a
man
deuise
to
an
Codicgn.
In
such
case
either
the
executor
doth
linger
and
delay
the
deliuery
,
or
giuing
of
the
thing
deuised
to
him
,
to
whom
it
was
deuised
,
and
then
I
doubt
not
,
but
he
is
bound
to
pay
the
[
e
](A01292-e25430-b)
e
l.
cum
heres
§.
si
.
&
l.
huiusmodi
,
§.
si
cui
homo
.
ff.
de
legat
.
1.
and
then
the
executor
or
heire
may
bee
said
to
delay
the
administration
of
the
legacye
,
when
he
may
speedily
performe
it
,
and
will
not
,
but
if
he
be
by
the
acte
of
a
straunger
hindered
from
executing
the
bequest
,
as
suppose
he
hath
not
the
monie
readie
which
is
deuised
,
or
the
deuise
be
that
hee
shall
purchase
an
other
mans
lande
with
the
money
of
the
deuisor
,
and
assure
[
f
](A01292-e25450-b)
f
l.
si
domus
§.
in
pecunia
.
ff.
de
legat
.
1.
Anglonomoph
.
In
our
Law
we
haue
many
cases
,
wherein
they
that
are
charged
with
the
deliuery
of
a
thing
vpon
some
trust
and
confidence
[
g
](A01292-e25510-b)
g
38.
Ass.
pl.
3.
&
39.
Ass.
pl.
3.
but
if
a
man
be
bound
in
xx
.
li.
to
pay
x.
li.
at
the
feast
of
Saint
Michael
,
the
obligee
refuseth
the
money
when
it
is
tendered
in
pollardes
,
which
afterward
are
embased
,
the
obligor
shall
beare
the
losse
of
the
embasement
,
because
he
must
pleade
vncore
prist
,
[
h
](A01292-e25520-b)
h
7.
E.
6.
83.
Dyer
.
and
yet
the
refusal
was
the
default
of
the
obligee
.
Nomom
.
Put
case
that
a
man
deuiseth
to
one
a
Codicgn.
The
accessorie
goeth
alwaies
with
the
[
i
](A01292-e25610-b)
i
l.
liberorum
§.
sin
.
&
ibi
glo
:
de
legat'
3.
so
if
a
man
deuise
to
one
his
land
or
his
house
,
the
arrerages
due
by
the
farmor
or
inhabitant
from
the
death
of
the
Testator
are
payable
to
the
deuisee
,
but
not
the
arrerages
before
.
[
k
](A01292-e25620-b)
k
l.
praedijs
.
§.
1.
ff
de
legat
:
3.
l.
Nomen
.
§.
filio
ex
parte
de
legat
:
3.
And
if
a
house
be
deuised
,
the
Bathe
belonging
to
the
house
,
and
the
orcharde
also
which
belongeth
to
it
doe
passe
,
if
from
the
house
there
be
a
way
to
the
Bathe
or
orcharde
,
for
then
they
may
well
be
sayd
to
belong
to
the
house
and
to
be
prouided
for
the
benefit
of
the
inhabitant
,
[
l
](A01292-e25630-b)
l
l.
praedijs
in
§.
balneas
,
&
§.
qui
domum
ff.
de
legat
:
3.
and
if
a
man
do
by
his
last
wil
deuise
land
,
&
liue
many
daies
after
the
testament
made
,
[
m
](A01292-e25650-b)
m
l.
cum
fundus
nominatim
.
ff.
de
legat
.
2.
but
if
the
Testator
deuise
all
his
corne
which
he
hath
in
such
a
barne
,
and
the
deuisee
being
one
of
his
housholde
seruants
of
purpose
bringeth
a
greater
quantitie
of
corne
into
the
barne
,
the
deuisee
shall
not
haue
this
increase
,
because
it
grewe
by
the
fraude
of
the
deuisee
.
[
n
](A01292-e25660-b)
n
cum
ita
legatur
in
princ
.
ff.
de
legat
.
2.
Anglonomoph
.
As
to
your
two
last
cases
,
deuises
as
I
haue
said
before
are
so
to
be
fauoured
as
dower
,
and
I
thinke
that
if
a
man
doe
marrie
a
wife
,
and
die
seised
of
lande
,
and
after
his
death
a
mine
of
coale
is
discouered
in
the
ground
,
and
[
o
](A01292-e25710-b)
o
14.
E.
3.
Admeasurement
10.
13.
E.
1.
Itin
:
North.
17.
Fitz.
na.
br.
149.
C.
and
as
to
your
other
case
where
the
corne
in
such
a
barne
is
deuised
,
and
it
is
afterward
increased
,
the
deuisee
shall
haue
no
more
corne
then
was
in
the
barne
at
the
time
of
the
deuise
,
for
it
is
as
much
as
if
he
should
haue
said
(
al
the
corne
which
he
now
hath
in
his
barn
)
for
words
of
the
present
tense
which
hath
a
present
beginning
and
ending
,
may
not
be
drawne
either
to
a
time
past
which
hath
had
his
beginning
and
[
p
](A01292-e25730-b)
p
21.
H.
7.
37.
and
so
if
the
Queene
graunt
to
me
visum
franciplegij
in
omnibus
terris
meis
,
&
feodis
,
I
shall
not
haue
viewe
of
frankepledge
in
any
landes
,
but
such
as
I
haue
at
the
time
of
the
graunt
,
[
q
](A01292-e25750-b)
q
38.
H.
6.
10.
so
if
a
man
be
bound
for
the
tenants
of
I.
S.
it
shall
be
intended
of
these
tenants
onely
which
I.
S.
hath
at
the
time
of
the
obligation
made
,
[
r
](A01292-e25760-b)
r
39.
H.
6.
6.
and
if
a
man
graunt
to
another
housewood
and
hedge-wood
to
be
burnt
in
his
houses
in
Dale
,
this
shal
not
extend
to
houses
which
are
afterward
built
,
[
s
](A01292-e25770-b)
s
Temps
E.
1.
Common
28.
and
though
Wilbyes
opinion
be
,
that
if
a
man
grant
to
another
a
way
ouer
his
land
with
waines
,
and
the
grauntee
hath
no
freeholde
at
the
time
to
which
he
may
haue
caryage
,
yet
if
he
purchase
freehold
afterward
,
he
may
haue
a
way
to
it
,
and
Hankeford
seemeth
to
be
of
this
opinion
11.
H.
4.
[
t
](A01292-e25800-b)
t
21.
E.
3.
2.
per
Wilby
11.
H.
4
82.
per
Hank
.
because
in
a
generall
graunt
there
needeth
to
be
no
naming
of
a
certaine
freehold
,
yet
in
that
very
case
dubito
quid
sit
lex
.
Nomomat
.
Admitte
that
a
man
deuise
the
profittes
of
his
lande
for
fiue
yeres
to
I.
S.
the
deuisee
dyeth
within
two
yeres
next
after
the
deuise
,
then
the
deuisour
dyeth
,
whether
shall
the
residue
of
the
terme
goe
to
the
benefit
of
the
executor
Codicgn.
We
haue
expresse
authoritie
in
our
Law
that
it
shall
.
[
a
](A01292-e25890-b)
a
l.
vxori
v●ufru
:
§.
quaesitum
ff.
de
v●ufru
:
le:
Angonomoph
.
Brettes
case
which
is
very
famous
in
our
law
is
to
the
contrary
:
[
aa
](A01292-e25940-b)
aa
10.
Eliz.
46.
Com̄
Brets
case
.
but
if
a
man
deuise
[
b
](A01292-e25960-b)
b
24.
H.
8.
Br.
Deuise
27.
45.
Condic'
187.
and
an
administrator
may
as
well
sue
for
that
duety
in
the
spiritual
Court
,
as
he
may
haue
a
writte
of
Couenant
at
the
common
law
vpon
the
couenant
made
with
the
partie
intestate
.
[
c
](A01292-e25970-b)
c
Fitz.
na.
br.
146.
D.
2.
Mar.
112.
Dy.
Nomom
.
What
if
the
testator
do
say
I
deuise
such
Cononol
.
The
thing
so
deuised
is
due
to
the
[
d
](A01292-e26060-b)
d
Authent
:
de
ecclesiast'
tit̄
§.
si
quis
in
nomine
argu
:
l.
quae
conditio
.
§.
sin
:
ff.
de
cond:
&
de
monstr
:
Anglonomoph
.
In
auncient
times
such
deuises
were
good
,
and
so
was
a
fine
leuied
deo
,
&
ecclesiae
,
but
the
lawe
is
now
altered
,
[
e
](A01292-e26110-b)
e
Scir
:
faci
:
18.
E.
4.
22.
19.
E.
4.
2.
4.
7.
per
Pigot
en
le
cas
de
Prior
de
Merton
.
and
in
the
one
and
twenteth
yere
of
king
Richarde
the
second
a
deuise
of
lande
was
made
to
one
for
life
,
the
remainder
to
an
other
for
life
,
the
remainder
to
the
Churche
of
S.
Andrew
in
Holborne
,
and
this
was
adiudged
a
good
deuise
,
[
f
](A01292-e26120-b)
f
21.
R.
2.
Deuis
.
27.
but
now
such
a
deuise
is
made
voide
by
the
statute
of
23.
H.
8.
cap.
10.
but
before
that
statute
it
appeareth
by
the
booke
of
37.
H.
6.
that
vpon
a
gift
made
to
the
parishioners
[
g
](A01292-e26140-b)
g
37.
H.
6.
3●
.
but
then
the
gift
must
haue
bin
of
a
personal
thing
,
for
of
inheritance
of
land
they
cannot
take
to
the
vse
of
the
Church
,
[
h
](A01292-e26150-b)
h
12.
H.
7.
27.
but
if
a
man
in
auncient
time
had
giuen
his
landes
or
his
goods
deo
&
Ecclesiae
sanct'
Petr'
Westimonast
'
this
had
ben
a
good
deuise
,
because
the
Church
is
not
the
house
,
nor
the
walles
,
but
the
entier
spiritual
house
,
that
is
the
Abbot
and
the
Couent
,
and
because
they
may
take
by
such
a
gift
it
is
good
,
but
if
the
Abbot
were
dead
at
the
time
of
the
gift
it
is
not
good
,
be
cause
the
Couent
is
not
persona
capax
:
but
a
church
[
i
](A01292-e26200-b)
i
8.
H.
5.
4.
per
Babi
.
&
Rolfe
.
Nomom
.
Suppose
that
two
testaments
be
exhibited
Codicgn.
These
legacies
onely
shal
stand
good
,
[
k
](A01292-e26290-b)
k
l.
Sempronius
Procul
.
ff.
de
legat
.
2.
Anglonomoph
.
In
our
Law
we
haue
a
case
,
that
if
a
man
make
a
testament
,
and
in
it
he
maketh
one
onely
man
his
executor
,
and
then
he
maketh
an
other
testament
,
and
in
it
he
maketh
him
and
a
stranger
executors
,
and
the
first
testament
is
proued
,
that
onely
shall
stande
,
[
l
](A01292-e26330-b)
l
2.
H.
5.
8.
but
by
other
authoritie
the
later
onely
shall
take
place
,
what
summes
soeuer
they
conteigne
.
[
ll
](A01292-e26340-b)
ll
4.
H.
7.
13.
Nomomat
.
Say
that
an
oxe
is
deuised
to
one
,
and
Codicgn.
By
our
Lawe
it
is
not
due
:
[
m
](A01292-e26420-b)
m
l.
mortuo
boue
.
ff.
de
legat
:
2.
for
the
Anglonomoph
.
It
seemeth
in
that
case
,
that
the
[
n
](A01292-e26490-b)
n
20.
H.
6.
22.
Nomomat
.
Put
case
that
I.
S.
doe
borow
a
C.
Codicgn.
I
thinke
he
may
claime
the
lande
also
,
if
it
may
not
be
prooued
by
circumstances
,
or
directly
,
that
the
land
was
deuised
vnto
him
in
satisfaction
of
the
debt
,
and
vpon
condition
implyed
that
he
should
not
alter
the
propertie
of
the
goods
by
execution
.
[
o
](A01292-e26590-b)
o
l.
creditorem
ff.
de
legat
:
2.
Anglonomoph
.
I
doe
not
perceiue
any
repugnancie
in
our
Lawe
to
that
which
you
haue
saide
.
Nomomath
.
If
he
had
made
his
creditour
his
executour
in
this
case
,
what
woulde
then
haue
followed
.
Anglonomoph
.
Then
the
debt
had
bin
extinct
:
[
p
](A01292-e26690-b)
p
11.
H.
4.
pl.
31.
[
q
](A01292-e26710-b)
q
21.
E.
4.
81.
so
if
one
make
his
dettor
and
an
other
his
executours
and
die
,
in
this
case
if
the
executor
,
who
was
not
indebted
suruiue
,
he
shall
not
haue
an
action
of
debt
against
the
executour
of
his
coexecutour
,
although
the
partie
indebted
did
not
administer
in
his
life
time
:
for
the
action
was
once
extinguished
and
determined
,
for
no
action
can
be
brought
but
in
the
name
of
them
both
,
[
r
](A01292-e26720-b)
r
20.
E.
4.
17.
21.
E.
4.
3.
21.
H.
7.
31.
per
Fineux
.
but
if
one
that
is
indebted
make
his
creditour
,
and
an
other
his
executours
,
the
creditour
may
haue
an
action
,
if
he
doe
not
administer
,
[
s
](A01292-e26730-b)
s
8.
E.
4.
3.
per
Brian
.
but
when
the
testator
is
indebted
to
me
,
and
maketh
me
his
executor
,
I
may
deteigne
the
goods
for
my
bebt
:
so
that
it
seemeth
that
though
the
action
be
extinct
in
regarde
of
the
testatour
,
yet
the
debt
is
still
in
esse
in
respect
of
straungers
.
[
t
](A01292-e26740-b)
t
7.
H.
4.
18.
27
H.
6.
en
Scire
fac'
7.
Eliz.
Com̄
Greysbrookes
case
275.
Codicgn.
When
the
creditour
maketh
the
debtor
his
executor
,
by
the
executorship
the
debt
is
confounded
,
and
because
of
impossibilitie
in
Lawe
,
forsomuch
as
the
executor
may
not
bring
an
action
of
debt
against
himselfe
being
one
,
and
the
same
person
,
the
obligation
therefore
is
by
secreate
act
of
Law
disanulled
.
[
u
](A01292-e26780-b)
u
Philip.
Deci
ad
reg.
iur
.
Nomom
.
Now
I
will
put
you
a
case
,
which
is
Codicgn.
I
thinke
the
executor
of
Titius
may
[
a
](A01292-e26900-b)
a
l.
si
filiae
pater
ff.
de
legat
.
3.
Anglonomoph
.
I
thinke
quite
contrary
because
there
is
a
confidence
reposed
specially
&
incommunicably
in
the
person
of
Titius
,
and
there
be
many
cases
in
our
Lawe
to
proue
this
assertion
,
Cesty
que
vse
before
the
statute
of
27.
of
king
H.
8.
did
deuise
that
A.
B.
and
C.
his
feoffees
should
[
b
](A01292-e26960-b)
b
2.
Elizab.
177.
Dy.
Likewise
a
man
deuised
,
that
after
the
death
of
his
wife
,
his
land
should
be
sold
by
his
executors
together
with
the
assent
of
A.
and
maketh
his
wife
,
and
a
stranger
his
executors
and
dieth
:
the
wife
dieth
,
A.
dieth
,
the
authoritie
of
selling
the
land
is
fully
determined
and
gone
:
[
c
](A01292-e26970-b)
c
5.
Eliz.
219.
Dy.
and
so
it
was
held
per
curiam
,
that
if
a
man
did
declare
his
will
,
that
B.
and
C.
his
executors
should
sell
his
land
and
the
testator
dieth
and
B.
dieth
:
and
C.
maketh
M.
his
executor
and
dieth
,
and
M.
selleth
it
,
this
sale
is
void
,
for
the
trust
is
strict
:
but
M.
Brudnell
saith
that
if
a
man
deuise
by
his
will
that
H.
and
N.
his
executors
shall
sell
his
land
,
and
they
refuse
to
be
executors
,
yet
they
may
sell
the
land
,
because
they
are
named
by
their
proper
names
:
[
d
](A01292-e27000-b)
d
19.
H.
8.
9.
But
where
the
executors
are
not
specially
named
for
the
sale
of
the
land
,
there
one
of
them
onely
may
well
enough
sell
the
land
:
for
the
case
was
,
that
a
man
did
deuise
all
his
lands
to
his
sister
,
except
one
manor
,
which
he
appointed
to
pay
his
debts
,
and
he
made
two
executors
and
died
,
the
one
executor
died
,
yet
the
other
may
sell
the
mannor
and
pay
the
debts
per
intentionem
testatoris
,
the
words
of
the
deuise
as
touching
the
sale
were
generall
(
which
I
appointe
to
pay
my
debts
)
.
[
e
](A01292-e27020-b)
e
23.
Eliz.
371.
Dy.
Nomomath
.
I
haue
often
heard
,
that
a
deuise
Codicgnostes
.
If
the
testator
doe
deuise
all
his
[
f
](A01292-e27110-b)
f
L.
legatis
seruis
.
§.
iunctis
.
ff.
de
legat
.
3.
and
if
the
testator
doe
deuise
all
his
beastes
,
all
fourefooted
cattaile
,
which
are
beasts
of
pasture
,
doe
passe
by
this
deuise
,
[
g
](A01292-e27120-b)
g
D.
l.
legatis
§.
pecoribus
.
&
if
a
flocke
of
Sheepe
bee
deuised
,
the
Lambes
and
the
Rammes
are
conteined
in
the
deuise
[
h
](A01292-e27130-b)
h
L.
seruis
legat
.
§.
si
.
ff.
,
but
if
he
deuise
his
Sheepe
,
without
saying
his
flocke
of
sheepe
,
his
lambes
do
not
passe
,
[
i
](A01292-e27140-b)
i
D.
l.
legatis
seruis
.
§.
ouibus
.
and
if
a
man
deuise
his
plough
horses
to
one
,
and
after
the
deuisor
selleth
the
horses
,
and
buyeth
and
vseth
mares
for
his
plough
,
and
dieth
,
now
the
mares
shall
passe
by
the
deuise
[
k
](A01292-e27150-b)
k
L.
qui
duos
mulos
.
ff.
de
legat
:
3.
,
and
if
the
testator
doe
deuise
to
one
all
his
woolle
,
all
his
wo●lle
as
wel
washed
,
as
not
washed
,
spunne
as
not
spunne
,
&
generally
al
his
woolle
which
is
not
wrought
into
clothe
is
deuised
,
[
l
](A01292-e27160-b)
l
L.
si
cui
lana
.
in
princip.
&
in
§.
lanae
.
ff.
de
legat
.
3.
and
herein
it
differeth
from
lyne
,
because
vnder
the
name
of
lyne
,
euen
lyne
that
is
wrought
or
linnen
is
conteined
,
[
m
](A01292-e27170-b)
m
D.
l.
si
cui
lana
.
§.
lino
.
so
if
a
man
deuise
all
his
siluer
to
one
,
his
siluer
cuppes
and
all
his
other
vessels
of
siluer
doe
passe
[
n
](A01292-e27180-b)
n
L.
cum
aurum
.
ff.
de
auro
&
argent:
:
leg
:
in
princip.
&
l.
lana
.
§.
fi.
ff.
de
legat
.
3.
,
but
no
siluer
coine
doth
passe
,
[
o
](A01292-e27190-b)
o
L.
Quintus
in
prin.
ff.
de
aur:
&
argent:
:
leg
.
otherwise
it
had
beene
if
he
had
deuised
all
his
siluer
wrought
or
laboured
[
p
](A01292-e27200-b)
p
Ibid.
,
for
if
the
testator
deuise
to
one
all
his
cloth
which
is
in
such
a
cheste
,
no
garments
nor
apparell
are
contained
within
the
deuise
,
but
onely
the
rude
and
plaine
matter
of
clothe
,
because
when
marble
is
deuised
the
imageries
of
marble
are
not
meant
,
but
the
grosse
matter
of
marble
,
[
q
](A01292-e27210-b)
q
L.
quaesitum
§.
illud
fortassis
.
ff.
de
legat
:
3.
and
if
wood
be
deuised
,
onely
wood
fit
to
be
burnt
is
comprehended
in
the
deuise
,
but
not
timber
,
[
r
](A01292-e27220-b)
r
L.
ligna
.
ff.
de
legat
:
3.
yet
the
testator
his
meaning
is
in
these
later
cases
to
be
examined
by
circumstances
.
[
s
](A01292-e27230-b)
s
L.
pediculi
§.
labeo
.
ff.
de
aur:
&
arg
▪
leg
:
Anglonomoph
.
And
by
our
Lawe
,
the
fauour
of
which
is
equally
diuided
betwixt
the
aduantage
of
the
deuisee
,
and
the
intent
of
the
deuisor
.
Deuises
are
often
times
ampliated
and
extended
by
beneficiall
construction
for
the
helpe
and
profite
of
the
deuisee
if
they
be
not
repugnant
to
[
t
](A01292-e27300-b)
t
36.
H.
8.
59.
Dy.
and
16.
Eliz.
A
man
deuised
laude
to
one
so
that
he
doe
paie
10.
li.
and
if
not
that
it
should
remaine
to
his
house
,
prouided
that
the
lands
shall
not
be
sold
,
but
shall
goe
to
the
next
of
bloud
being
male
,
it
was
helde
that
this
was
an
estate
taile
,
&
that
these
words
(
shall
goe
to
his
house
)
shal
be
construed
to
the
eldest
person
of
his
familie
,
and
these
wordes
(
being
male
)
shall
be
construed
in
the
future
tense
,
and
in
many
cases
an
estate
may
be
limited
in
a
deuise
by
implication
:
as
if
a
man
deuise
lande
to
one
and
to
his
heires
males
in
fee
simple
,
the
remainder
to
the
next
heires
males
of
the
kinne
,
there
is
an
entailement
both
in
the
first
estate
and
also
in
the
remainder
,
[
u
](A01292-e27310-b)
u
16.
Eliz.
333.
Dy.
2.
Eli.
171.
Dy.
but
where
a
deuise
is
contrarie
to
Law
,
it
is
voide
of
effect
:
for
a
man
deuised
land
in
London
to
the
[
a
](A01292-e27350-b)
a
29.
H.
8.
32.
Dy.
and
so
if
a
man
deuise
land
to
one
in
fee
,
&
that
if
he
die
without
heire
that
then
it
shall
remaine
to
an
other
in
fee
,
this
is
a
voide
remainder
because
one
fee
simple
cannot
depend
vpon
an
other
[
b
](A01292-e27360-b)
b
19.
H.
8.
8.
.
Nomom
.
What
if
the
testator
doe
deuise
to
his
Canonolog
.
I
thinke
it
is
not
determined
,
for
[
c
](A01292-e27460-b)
c
Authent
.
de
nupt:
in
princ
:
28.
quaest.
1.
ca.
sic
enim
33.
q.
2.
c.
2.
l.
2.
C.
de
indict
:
viduit
:
toll
:
Nomoma
.
Yet
it
seemeth
that
the
condition
faileth
,
Quia
coitus
&
castitas
opponuntur
,
[
d
](A01292-e27510-b)
d
D.
authent
.
de
nup.
§.
qu●a
vero
.
therefore
it
may
seeme
that
she
should
lose
the
legacie
as
well
by
marying
,
as
by
liuing
incontinently
.
Canonol
.
But
I
thinke
rather
that
she
shal
not
lose
the
legacie
,
because
there
was
no
condition
expressed
in
the
deuise
that
shee
should
not
marrie
,
and
therefore
she
can
not
be
said
in
marying
to
do
against
the
will
of
her
husband
:
but
yet
it
may
seeme
,
that
if
she
had
maried
within
a
yeare
after
the
death
of
the
testator
,
she
had
broke
the
condition
,
[
e
](A01292-e27550-b)
e
ff.
de
iur
.
patron
:
l.
adigere
§.
fi.
for
doubtles
otherwise
,
Mulier
secundò
nubeus
castitatem
seruat
.
[
f
](A01292-e27570-b)
f
D.
authen
:
de
nup.
§.
fin
.
autem
&
idem
Extra
.
de
diuor
.
c.
gaudeamus
.
in
fin
:
l.
mulier
.
§.
cum
proponaretur
.
ff.
ad
Trebel
.
Codicgn.
Our
Lawe
in
such
cases
fauoureth
matrimonie
,
[
g
](A01292-e27620-b)
g
ff.
de
reg.
iur
:
l.
In
ambiguis
.
&
l.
in
testamentis
eod
:
and
where
there
is
no
condition
prohibitorie
expressed
,
the
Law
will
not
in
such
case
intende
it
.
[
h
](A01292-e27630-b)
h
In
authent
.
hoc
locum
C.
de
secund:
nupt.
Anglonomop
.
In
our
Law
we
haue
a
case
that
King
Edward
the
sixth
graunted
to
his
sister
the
Ladie
Mary
the
mannor
of
D.
as
long
as
shee
should
continue
vnmaried
,
and
this
is
admitted
in
our
Law
to
be
a
good
limitation
but
no
condition
,
as
hath
bene
before
surmised
.
[
i
](A01292-e27680-b)
i
4.
Mar.
1.
141.
Dy.
37.
H.
6.
29.
10.
Assis
.
pl.
8.
17.
Assis
.
pl.
7.
3.
Assis
.
pl.
9.
&
6.
Nomom
.
Let
this
be
the
case
:
the
husband
deuiseth
Codicgn.
In
our
law
we
take
this
difference
:
where
he
maketh
his
wife
by
his
will
vsufructuariam
of
the
goods
,
and
where
he
doth
deuise
vnto
her
his
goods
:
For
where
he
maketh
her
vsufructuariam
,
she
may
of
her
owne
power
take
the
profit
and
benefit
of
the
goods
,
and
she
needeth
not
to
expect
or
attend
the
curtisie
of
the
executor
:
[
k
](A01292-e27800-b)
k
L.
si
habitatio
§.
si
vsus
fundi
.
&
l.
fundi
ff:
de
vsu
&
hab
:
But
if
he
deuise
his
goods
,
or
the
profits
of
his
goods
,
or
commaund
and
charge
his
heire
or
executor
by
his
will
,
that
they
allow
sufficient
maintenaunce
to
his
wife
out
of
his
lands
or
goods
,
now
the
woman
is
a
deuisee
,
and
she
must
take
that
which
is
deuised
,
by
the
hands
of
the
heire
or
executor
,
or
else
sue
for
it
by
law
.
[
l
](A01292-e27810-b)
l
ff.
de
vsuf●uct
:
legat
.
l.
patrimonij
&
l.
si
quis
.
Anglonomoph
.
By
our
law
the
power
and
authoritie
[
m
](A01292-e27860-b)
m
37.
H.
6.
30.
●
Prisot
.
2.
H.
6
16.
Perkins
Testam
.
94.
D.
S.
Dialog.
2.
79.
And
therefore
if
a
straunger
take
goods
deuised
to
me
out
of
the
possession
of
the
executors
,
I
cannot
haue
an
action
of
trespasse
for
the
taking
:
For
it
is
not
like
to
a
gift
of
goods
which
is
presently
executed
:
and
if
a
man
deuise
the
●ourth
part
of
his
goods
to
another
,
the
deuisee
may
not
seise
the
fourth
part
but
he
must
sue
for
it
in
the
spiritual
court
,
[
n
](A01292-e27870-b)
n
27.
H.
6.
but
if
a
man
deuise
a
booke
or
some
other
thing
to
one
for
tearme
of
life
,
the
remainder
to
an
other
for
euer
,
if
the
executor
deliuer
the
booke
or
the
goods
to
the
first
deuisee
,
the
second
deuisee
may
seise
them
without
liuerie
of
the
executor
,
for
the
possession
of
the
first
deuisee
was
the
possession
of
them
both
,
otherwise
it
is
if
the
first
deuisee
hath
the
possession
&
die
[
o
](A01292-e27880-b)
o
37.
H.
6.
30.
:
but
if
a
man
seise
in
an
other
right
then
as
deuisee
,
then
he
neede
not
depend
vpon
the
deliuerie
of
the
executors
:
&
therefore
the
case
was
9.
E.
4.
that
an
action
of
dette
was
brought
against
one
as
executor
in
London
,
and
the
defendant
said
that
the
testator
did
giue
vnto
him
certaine
goods
by
his
deed
,
&
he
shewed
in
particular
what
goods
they
were
,
the
testator
being
at
the
time
of
the
gift
in
the
village
of
B.
in
the
countie
of
Essex
,
&
that
he
suffered
the
goods
to
be
in
the
possess
.
of
the
testator
vntill
his
death
at
London
,
and
after
the
death
of
the
testator
he
tooke
them
,
absque
hoc
that
he
did
administer
as
executor
:
&
the
whole
Court
helde
that
the
Iurors
ought
to
find
this
matter
of
the
gift
of
the
goods
vpon
paine
of
attaint
[
p
](A01292-e27900-b)
p
9.
E.
4.
40.
,
but
where
a
man
ought
to
take
a
thing
by
the
deliuery
of
an
other
,
&
he
taketh
it
of
his
owne
head
,
he
is
a
trespassor
:
and
therefore
if
a
man
graunt
to
an
other
an
estouer
of
wood
to
be
taken
by
the
view
,
&
deliuery
of
his
Bailie
,
if
hee
take
it
without
the
deliuerie
of
the
Bailie
,
the
grauntor
may
haue
an
action
of
trespasse
against
him
,
Quare
vi
&
armis
[
q
](A01292-e27920-b)
q
8.
E.
3.
422.
.
Nomomathes
.
Suppose
that
a
legacie
of
monie
Codicgn.
By
our
Lawe
the
husband
may
demaund
[
r
](A01292-e28010-b)
r
L.
Titio
centum
.
§.
Titio
genero
.
ff.
de
condit
:
&
demonst:
Anglonomoph
.
I
see
little
reason
but
that
the
husband
only
may
demaund
it
in
his
owne
name
,
he
being
the
sole
deuisee
:
and
the
thing
deuised
being
a
personall
thing
:
but
if
it
had
bene
a
reall
thing
,
and
the
wife
had
bene
interested
in
it
,
then
the
law
would
be
otherwise
.
Nomoma
.
I
pray
you
put
me
some
cases
touching
this
difference
,
that
I
may
better
vnderstande
your
meaning
.
Anglonomoph
.
The
writ
of
mesne
because
it
[
s
](A01292-e28120-b)
s
13.
R.
2.
Briefe
642.
but
in
a
writ
of
trespasse
it
hath
bene
helde
a
good
declaration
,
if
the
plaintife
alledge
that
the
defendant
entred
into
his
mannor
of
Dale
though
he
haue
nothing
in
the
mannor
but
in
right
of
his
wife
:
for
this
is
a
a
personall
wrong
done
vnto
the
husband
[
t
](A01292-e28130-b)
t
4.
E.
4
:
31.
:
and
by
Danbyes
opinion
the
husband
taketh
the
profites
of
the
land
in
his
owne
right
,
[
u
](A01292-e28150-b)
u
Ibid.
per
Danby
.
so
that
it
can
not
be
law
,
which
is
said
21.
R.
2.
that
an
action
of
trespasse
for
trees
cut
in
the
land
of
the
wife
must
be
brought
as
well
in
the
wifes
name
as
in
the
husbands
,
[
w
](A01292-e28160-b)
w
21.
R.
2.
Briefe
933.
and
the
contrarie
is
helde
for
Law
,
6.
H.
4.
and
47.
E.
3.
because
as
M.
Finchden
saith
,
well
the
husband
onely
may
release
the
dammages
when
they
are
recouered
,
[
x
](A01292-e28180-b)
x
6.
H.
4.
10.
47.
E.
3.
9.
per
Finch
.
neither
may
Husseyes
opinion
7.
H.
7.
bee
admitted
for
Lawe
where
he
saith
that
the
writte
may
be
brought
in
both
their
names
[
a
](A01292-e28200-b)
a
7.
H.
7.
2.
●
.
Hussey
.
,
&
in
an
action
of
dett
brought
by
the
husband
vpon
an
obligation
made
to
him
and
to
his
wife
the
writte
may
bee
brought
in
the
husbands
name
onely
[
b
](A01292-e28210-b)
b
12.
R.
2.
Br̄e
.
639.
,
and
so
where
a
lease
is
made
for
yeares
rendring
rent
by
the
husband
and
the
wife
of
the
lande
of
the
wife
,
the
action
of
dette
must
bee
brought
in
the
name
of
the
husbande
onely
[
c
](A01292-e28220-b)
c
7.
E.
4.
5.
,
howsoeuer
2.
R.
2.
be
to
the
contrarie
that
in
a
writte
concerning
a
chattell
reall
they
may
ioyne
[
d
](A01292-e28230-b)
d
2.
R.
2.
Brief
.
37.
,
but
where
the
husband
is
seised
of
a
Seignorie
in
the
right
of
his
wife
,
a
man
may
not
make
conusans
as
baily
to
the
husband
,
but
as
baily
to
them
both
[
e
](A01292-e28240-b)
e
12.
R.
2.
Auowrie
88.
,
but
that
is
because
the
conusans
and
auowrie
in
such
case
is
en
le
droit
[
f
](A01292-e28260-b)
f
48.
E.
3.
8.
●
Finch
.
:
but
as
to
such
things
which
concerne
the
person
of
the
wife
immediatly
,
there
the
writte
must
be
brought
in
both
their
names
,
and
therfore
the
husband
cannot
sue
a
writte
of
appeale
[
g
](A01292-e28280-b)
g
8.
H.
4.
21.
1.
H.
6.
1.
10.
H.
4.
Br.
Baron
&
fem
.
34.
,
&
whereas
they
brought
an
action
of
batterie
for
the
beating
of
them
both
,
the
writte
was
adiudged
good
for
the
batterie
of
the
wife
,
but
not
as
to
the
batterie
of
the
husband
[
h
](A01292-e28290-b)
h
9.
E.
4.
54.
,
and
the
husbande
and
the
wife
shall
both
bring
an
action
of
trespasse
for
the
taking
away
of
the
goods
of
the
wife
before
the
marriage
[
i
](A01292-e28300-b)
i
21.
H.
6.
33.
:
but
in
a
writte
of
detinue
of
charters
against
husband
and
wife
the
declaration
was
vpon
a
trouer
,
and
the
writte
was
abated
[
k
](A01292-e28310-b)
k
13.
R.
●
.
Briefe
.
644.
,
but
a
writte
of
couenant
was
brought
by
the
husband
and
the
wife
,
because
the
defendant
leased
vnto
them
lande
for
tearme
of
yeares
by
deed
,
&
afterward
outed
them
,
and
the
writ
was
awarded
to
be
good
,
for
if
the
husband
die
,
the
woman
shall
haue
the
tearme
[
l
](A01292-e28320-b)
l
47.
E.
3.
12.
,
and
in
this
case
they
were
both
parties
to
the
couenant
,
and
by
the
bookes
of
6.
E.
4.
&
17.
E.
4.
an
action
of
dette
for
the
arrerages
of
a
rent
reserued
vpon
a
lease
for
yeares
made
vnto
the
husband
and
the
wife
shall
be
brought
against
them
bothe
,
and
so
shall
a
writte
of
waste
:
for
the
wife
cannot
waiue
the
lease
during
the
life
of
the
husband
[
m
](A01292-e28330-b)
m
6.
E.
4.
10.
17.
E.
4.
7.
,
and
8.
Rich.
2.
an
action
vpon
the
statute
of
Labourers
was
brought
against
husband
and
wife
supposing
that
the
wife
had
couenanted
with
the
plaintife
to
be
dansell
or
waiting
woman
to
his
wife
for
a
yeare
,
&
that
she
departed
out
of
seruice
within
the
yeare
,
&
the
writ
was
awarded
to
be
good
being
brought
against
them
both
[
n
](A01292-e28340-b)
n
8.
R.
2.
Laborers
59.
.
Nomoma
.
No
more
of
this
matter
,
let
me
aske
Codicgn.
I
thinke
it
shal
be
meant
of
his
ful
age
:
[
o
](A01292-e28430-b)
o
l.
Mela.
ff.
de
aliment
.
&
ci●a
.
leg
.
.
Anglono
.
In
our
law
though
there
be
but
two
ages
for
the
heire
male
namely
,
the
age
of
14.
which
is
the
age
of
discretion
,
and
the
full
age
[
oo
](A01292-e28480-b)
oo
Littlet
.
lib.
2.
c.
4.
Sect.
8.
&
9.
,
yet
the
heire
female
hath
in
our
Lawe
many
ages
,
namely
at
7.
yeares
to
haue
aide
to
be
maried
,
and
9.
yeares
to
deserue
dower
,
and
12.
yeares
to
consent
to
mariage
,
and
14.
yeares
to
be
out
of
warde
:
and
16.
yeares
for
the
lord
to
tender
vnto
her
a
mariage
:
and
21.
yeares
to
make
a
feofment
or
a
deed
which
may
bind
her
[
p
](A01292-e28490-b)
p
35.
H.
6.
4●
.
,
but
by
common
intendment
ripenes
of
age
is
fulnes
of
age
:
&
full
age
by
constitution
of
our
law
is
the
age
of
one
and
twentie
.
Nomom
.
Then
I
know
your
opinion
as
touching
Codicgn.
The
appurtenances
do
passe
,
&
we
[
q
](A01292-e28580-b)
q
L.
patronus
.
§.
Sempronio
.
ff.
de
legat
.
3.
.
Anglonomoph
.
And
me
thinks
the
appurtenances
being
in
an
other
parish
doe
not
passe
by
this
deuise
,
for
not
to
aid
my self
with
ancient
authoritie
of
law
,
it
hath
bin
lately
,
fully
,
&
vpon
ample
discourse
of
this
verie
point
ruled
,
that
nothing
shall
be
said
to
bee
appurtenant
to
a
house
,
saue
onely
the
garden
,
the
curtilage
,
and
the
close
adioyning
to
the
house
,
and
no
other
lande
,
though
other
lande
haue
bene
occupied
with
[
r
](A01292-e28630-b)
r
23.
H.
8.
Br.
Feosm
.
53.
,
for
land
cannot
belong
to
a
house
,
because
they
be
of
seuerall
natures
:
for
the
house
is
a
place
to
inhabite
,
&
land
is
a
thing
to
be
plowed
,
or
sowed
,
or
improued
,
&
so
cannot
properly
be
appurtenant
to
a
house
:
no
more
then
one
liberty
may
be
appurtenant
to
an
other
liberty
of
seueral
nature
as
a
warren
to
a
leete
,
or
a
leete
to
a
hundred
[
s
](A01292-e28660-b)
s
3.
Mar:
com
.
168.
Hilles
case
.
per
Walpoole
,
Rastall
,
&
Morgan
.
,
and
all
the
Iustices
but
Cooke
who
spake
not
to
this
point
in
Patridges
case
agreed
that
land
cannot
appertaine
to
a
house
,
and
this
Mountague
said
was
a
ground
in
the
law
:
but
Hales
there
said
,
that
a
garden
may
containe
11.
acres
in
quantitie
and
by
such
speciall
meane
be
parcell
of
a
house
[
t
](A01292-e28700-b)
t
6.
&
7.
E.
6.
Comm.
85.
Partriges
case
.
,
this
is
sufficient
to
prooue
that
the
appurtenances
doe
not
in
this
case
passe
by
the
deuise
of
the
house
,
without
the
authoritie
of
27.
H.
6.
where
it
is
consonantly
auouched
,
that
though
a
man
may
giue
an
acre
of
land
vnto
me
by
the
name
of
a
carue
,
&
a
carue
by
the
name
of
a
Manor
,
yet
by
a
deede
of
feofment
of
a
house
,
land
cannot
be
conueied
as
parcel
of
the
house
[
u
](A01292-e28710-b)
u
27.
H.
6.
2.
.
Nomomath
.
Ye
haue
remoued
all
the
doubtes
touching
deuises
which
perplexed
my
mind
:
&
we
haue
bin
long
in
conference
of
this
title
,
now
from
reall
things
let
vs
passe
to
personall
,
in
which
I
pray
yee
continue
your
paines
according
to
your
former
diligence
,
and
first
ye
are
to
speake
of
borowing
and
lending
.
The
eight
Dialogue
of
Borowing
and
Lending
.
NOmomath
.
I
would
knowe
the
perfite
Codicgn.
They
differ
in
our
Law
many
waies
.
1.
That
which
wee
call
Mutuum
,
doth
consist
[
a
](A01292-e28950-b)
a
L.
2.
§.
appellata
.
ff.
si
cert
.
pet.
but
wee
doe
still
retaine
the
propertie
of
that
which
wee
call
Commodatum
.
[
b
](A01292-e28970-b)
b
L.
rei
commodatae
.
cum
l.
seq:
ff.
commod
.
3
That
which
wee
call
Mutuum
is
leant
for
euery
vse
in
generall
,
as
if
the
lender
should
say
vnto
him
that
boroweth
,
Vtare
,
fruare
pro
tuo
arbitrio
,
sicut
dominus
,
[
c
](A01292-e29000-b)
c
L.
in
re
mandata
.
C.
mandat
:
but
Cōmodatum
is
leant
for
a
certaine
,
&
prescript
vse
,
[
d
](A01292-e29020-b)
d
L.
in
commodato
.
§.
sicut
ff.
commod
.
and
if
any
man
doe
vse
it
otherwise
,
he
committeth
theft
[
e
](A01292-e29030-b)
e
L.
5.
§.
quin
imo
▪
ff.
eo
.
&
§.
placuit
.
instit
.
de
oblig
.
quae
ex
delicto
nasc
.
.
4.
If
the
thing
which
we
call
Mutuum
be
made
worse
or
perish
,
he
to
whom
the
loane
is
made
shall
not
susteine
any
dammages
:
otherwise
it
is
of
Commodatum
,
if
through
his
faulte
,
defaulte
,
couin
,
or
negligence
,
the
thing
leant
doe
perishe
or
become
worse
[
f
](A01292-e29060-b)
f
L.
si
vt
certo
§.
nunc
viden
.
vers
.
quod
vero
l.
cum
,
qui
in
princ
.
l.
ad
eos
,
&
l.
argentum
cum
l.
sin
.
ff.
commod
.
.
Nomomath
.
What
persons
may
be
bound
by
Codicgnost
.
Euery
particular
person
euerie
[
g
](A01292-e29150-b)
g
In
authent
▪
hoc
ius
porrectum
C.
de
sacros
.
Eccles.
euery
vniuersitie
,
comminaltie
or
corporation
,
[
h
](A01292-e29160-b)
h
L.
ciuitas
&
ibi
plene
per
Ba●tolum
.
ff.
si
cert
.
pet.
yet
with
this
restreint
if
the
monie
be
conuerted
to
the
vse
of
the
Citie
or
Church
[
i
](A01292-e29170-b)
i
Innocent
.
in
c.
1.
Ext.
de
pos
.
&
per
Ferrar
.
in
form
:
libell
.
de
act.
hypoth
.
in
glos
.
super
verb.
sub
.
ead
▪
obligati
.
.
Anglonomoph
.
Indeed
thereto
doth
our
Lawe
accord
,
for
before
the
dissolution
of
Abbeys
&
monasteries
the
successor
of
a
Prior
should
haue
pro
consilio
impenso
&
impendendo
without
the
couent
where
counsaile
was
giuen
in
the
matters
of
the
predecessor
,
&
of
the
couent
,
for
so
it
was
a
thing
which
came
to
the
vse
of
the
house
which
must
needs
charge
the
successor
[
k
](A01292-e29230-b)
k
38.
H.
6.
22.
39.
H.
6.
21.
,
&
it
was
said
by
M.
Littlet
.
14.
E.
4.
that
an
Abbot
or
Prior
by
matter
of
record
as
by
recognisance
,
might
charge
the
successour
,
though
nothing
counteruailable
did
come
to
the
vse
of
the
house
,
&
he
said
that
this
hath
bene
diuerse
times
adiudged
,
&
he
said
that
the
cause
was
for
that
the
Couent
cannot
be
partie
to
such
record
,
but
only
the
Abbot
,
otherwise
it
is
of
Deane
&
Chapter
,
for
the
Chapiter
may
be
partie
to
a
matter
of
recorde
[
l
](A01292-e29250-b)
l
14.
E.
4.
Abbe
4.
,
and
an
Abbot
might
haue
beene
charged
in
a
writte
of
dette
vpon
a
loane
of
money
made
to
his
predecessor
which
came
to
the
vse
of
the
house
[
m
](A01292-e29260-b)
m
Fitzh
.
N.
B.
121.
K.
9.
H.
6.
25.
22.
H.
6.
64.
,
and
an
Abbot
should
haue
bene
charged
by
a
writte
of
dette
for
vitaile
and
other
thinges
bought
by
his
caterer
,
or
manciple
,
or
other
officer
deputed
to
make
purueyance
for
the
Abbey
in
time
of
vacation
[
n
](A01292-e29270-b)
n
Fitzh
.
N.
B.
122.
F.
25.
E.
3.
48.
26.
E.
3.
55.
4.
E
2.
Dette
168.
.
Nomomath
.
Codicgnost
.
how
many
kinds
are
Codicgnost
.
Two
:
one
that
is
called
naturall
,
[
n
](A01292-e29370-b)
n
L.
certi
condictio
in
sin
.
l.
singularia
,
&
l.
proinde
ff.
si
cert
.
pet.
&
not
.
per
Bartol.
in
l.
2.
§.
appellata
eod.
titu
.
the
other
is
called
Ciuill
which
is
onely
contracted
by
the
confession
and
acknowledgement
of
the
partie
as
when
a
man
confesseth
by
worde
of
mouth
or
writing
,
that
hee
hath
had
and
borowed
so
much
of
such
a
one
[
o
](A01292-e29380-b)
o
L.
1.
2.
&
3.
C.
de
non
num:
pecun
:
&
Instit:
de
literat
:
oblig
:
inprinc
.
.
Anglonomoph
.
From
this
diuersitie
our
Lawe
[
p
](A01292-e29430-b)
p
Fitzh
.
N.
B.
119.
G.
,
and
whereas
you
say
that
a
man
by
confessing
that
hee
hath
borowed
so
much
monie
of
such
a
man
may
make
himselfe
a
dettor
,
it
is
true
and
agreeable
to
our
Lawe
,
for
when
a
man
maketh
such
a
bill
,
namely
this
bill
doth
witnes
that
I.
A.
haue
borowed
so
much
mony
of
C.
without
saying
more
,
this
shal
charge
the
executor
as
wel
as
an
obligation
:
and
the
testator
could
not
haue
waged
his
law
against
this
bill
:
or
if
it
be
Memorandum
quod
I.
S.
debet
A.
B.
10.
li.
or
that
I.
S.
acknowledgeth
that
he
doth
owe
to
A.
B.
10.
li.
&
this
be
by
writing
,
&
be
deliuered
as
the
deed
of
the
partie
,
this
is
a
good
oblig'
:
for
these
words
recepisse
or
debere
:
or
teneri
ad
soluendum
20.
li.
or
where
a
man
reciteth
,
that
wheras
he
borowed
of
I.
S.
20.
li.
he
hath
paied
vnto
him
15.
li.
so
that
5.
li.
remaineth
to
be
paied
,
this
is
a
good
obligation
,
&
shal
bind
the
executor
:
for
euery
word
which
proueth
a
man
to
be
a
dettor
,
or
to
haue
a
strangers
monie
in
his
hands
,
though
it
be
by
bill
,
yet
it
shal
charge
the
exec'
:
As
if
a
bil
be
made
which
witnesseth
,
that
I
haue
found
20.
li.
belonging
to
I.
S.
without
other
wordes
,
I
shall
bee
charged
,
and
shall
be
outed
of
my
Law
[
q
](A01292-e29490-b)
q
28.
H.
8.
20.
Cores
C.
per
Fitzia
:
&
Mountag
.
.
Nomomath
.
Let
me
know
now
whether
vsurie
,
[
r
](A01292-e29560-b)
r
Luc:
19.
and
so
it
is
appointed
in
Deuteronom.
Faeneraberis
gentibus
multis
,
[
s
](A01292-e29580-b)
s
Deuter.
29.
And
hereto
agreeth
the
opinion
of
Aquinas
,
who
writing
vpon
Ecclesiast.
[
t
](A01292-e29630-b)
t
Aquin.
in
Ecclesiast
c.
29.
:
And
surely
me
thinkes
it
is
a
point
of
brotherly
loue
to
lende
vnto
a
needy
brother
a
competent
summe
of
monie
,
so
much
as
will
serue
him
for
a
reasonable
surplusage
of
increase
.
Cononol
.
Vsurie
may
well
be
called
the
diuels
[
a
](A01292-e29680-b)
a
Ca:
si
quis
vsuram
:
l.
4.
q.
4.
yet
it
maketh
some
show
to
doe
good
,
but
so
as
if
a
man
were
troubled
with
a
burning
ague
,
and
greatly
inflamed
in
his
bodie
,
shoulde
in
the
extremitie
of
his
heate
aske
a
cuppe
of
single
beare
of
one
that
standeth
by
,
and
hee
reacheth
it
vnto
him
this
cooleth
the
heate
for
a
time
,
and
the
sicke
man
thanketh
him
for
it
,
but
when
the
disease
doth
reuerte
vpon
him
and
his
fittes
growe
worse
then
they
were
before
,
&
he
perceiueth
that
the
drinke
which
he
drunke
hath
two
much
inflamed
him
,
then
he
beginneth
to
complaine
of
the
hurtfull
curtesie
and
pitie
of
the
other
man
:
so
when
the
vsurer
lendeth
mony
at
the
first
he
that
boroweth
it
thanketh
him
,
and
thinketh
himselfe
deepely
beholden
to
him
,
but
in
the
ende
when
he
findeth
that
his
goods
decrease
and
his
debts
increase
by
the
vsurers
kindnes
,
when
not
onely
potte
and
panne
,
but
euen
garments
and
iewels
must
be
either
gaged
or
sold
to
satisfie
the
vsurer
,
&
when
they
perceiue
the
Bee
that
had
a
flower
in
her
mouth
to
haue
a
stinge
in
her
taile
,
then
(
that
is
to
say
)
too
late
they
finde
that
vnder
this
baite
lyeth
a
hooke
,
vnder
this
charitie
crueltie
.
And
as
to
Aquinas
his
opinion
of
this
matter
quis
tumidum
guttur
miretur
in
[
b
](A01292-e29780-b)
b
Exod.
22.
and
againe
mutuum
date
,
nihil
inde
sperantes
,
and
by
our
law
it
is
flatly
forbidden
.
[
c
](A01292-e29800-b)
c
14.
quest:
4.
ca.
1.
cum
sequent
:
&
in
Clem.
1.
de
vsur
.
Codicgn.
So
it
seemeth
by
our
Law
which
in
[
e
](A01292-e29880-b)
e
l.
1.
C.
de
sum
:
trin:
&
sid:
Catholic
.
Nomomat
.
But
Anglonomoph
.
I
thinke
your
law
doth
winke
at
vsurie
if
it
take
but
after
the
rate
of
x.
li.
in
the
hundred
.
Anglonomoph
.
It
winketh
at
it
as
he
that
shooteth
[
f
](A01292-e29970-b)
f
13.
Eliz.
Ca.
8.
Vsury
8.
Nomomath
.
Ye
haue
in
this
point
satisfied
mee
Codicgn.
The
change
of
money
may
happen
two
waies
,
for
either
it
may
be
changed
in
respect
of
the
matter
,
wherof
it
is
made
,
as
if
in
stead
of
siluer
,
brasse-coine
be
vsed
,
or
in
stead
of
gold
,
siluer
:
for
the
auncient
Germanes
,
as
Tacitus
reporteth
,
had
siluer
in
greater
price
then
golde
,
[
g
](A01292-e30050-b)
g
Tacit
:
de
moribus
Germanor
:
and
in
Pisana
siluer
money
is
of
more
accompt
then
golde
,
because
the
people
of
that
countrie
doe
pay
many
tributes
and
taxes
to
the
Pope
,
whose
collectors
and
officers
will
not
take
any
payment
in
gold
,
in
Sparta
yron-money
was
onely
in
vse
,
[
h
](A01292-e30060-b)
h
Polyb.
lib.
6.
Plutarch
.
in
Lych.
or
els
it
may
be
changed
in
the
value
,
as
if
a
Floren
,
which
was
worth
4.
li.
to
be
debased
to
3.
li.
for
in
the
value
of
money
,
neither
the
matter
nor
forme
is
respected
,
but
the
determination
[
i
](A01292-e30080-b)
i
Aristot
:
lib.
5.
Ethic.
which
Galen
likewise
sheweth
,
[
k
](A01292-e30090-b)
k
Galen
lib.
2.
de
puls
.
diff.
in
both
these
cases
if
the
debasement
were
before
the
day
of
paiment
the
debtor
may
pay
the
det
in
the
coine
embased
,
[
l
](A01292-e30100-b)
l
Argum
:
l.
vinum
,
&
l.
quod
te
:
ff.
si
cert
.
pet.
but
if
it
were
after
the
day
of
payement
then
the
law
is
otherwise
,
because
he
paied
it
not
in
due
time
.
[
m
](A01292-e30110-b)
m
arg.
dictae
.
l.
quod
te
,
&
l.
vinum
.
Anglonomoph
.
To
that
reason
our
law
seemeth
likewise
to
incline
.
[
n
](A01292-e30170-b)
n
7.
E.
6.
82.
Dyer
.
Nomom
.
If
a
man
borowe
money
of
one
,
and
procure
one
to
become
suertie
for
the
repayement
,
whether
is
he
that
boroweth
the
money
discharged
of
the
payment
,
or
else
charged
as
principall
?
Codicgn.
Though
the
suretie
in
our
Lawe
be
[
o
](A01292-e30270-b)
o
Hostiens
.
in
summ
:
de
mutu
:
&
commod
:
&
l.
1.
C.
de
Const.
pecun
.
and
by
intendement
of
Law
the
suretie
(
as
hee
is
a
suretie
)
is
therefore
bounde
,
because
the
principal
debtor
is
bound
.
[
p
](A01292-e30280-b)
p
Ferrar.
in
form
:
lib
:
cont:
plur:
Anglonomoph
.
To
that
the
Common
Lawe
agreeth
,
[
q
](A01292-e30330-b)
q
44.
E.
3.
21.
per
Monbr̄
.
The
tenth
Dialogue
of
the
forme
of
ordinarie
proceeding
in
matters
of
Law
.
NOmomat
.
It
remaineth
Codicgn
.
that
Codicgn.
Because
in
euery
controuersie
of
law
,
[
a
](A01292-e31270-b)
a
l.
1.
C.
qui
legit
:
person
:
standi
in
iud:
hab
:
he
ought
likewise
to
be
sure
that
he
haue
a
good
cause
of
controuersie
,
or
els
in
some
cases
hee
must
be
adiudged
to
pay
the
costes
to
the
defendant
:
in
other
some
he
must
beare
the
losse
of
the
charges
of
the
suit
,
[
b
](A01292-e31280-b)
b
l.
eum
quem
temere
ff.
de
iudicijs
.
likewise
he
ought
to
beware
,
least
he
draw
the
defendant
before
an
incompetent
Iudge
.
2.
It
is
a
point
of
necessitie
that
the
partie
whom
the
plaintife
sueth
,
be
cited
,
or
summoned
before
:
for
against
the
partie
not
summoned
,
nor
heard
,
nothing
can
bee
determined
,
[
c
](A01292-e31290-b)
c
l.
de
vnoquo
.
que
ff.
de
re
:
iud:
&c.
1.
exc
.
de
caus
.
poss.
&
ꝓprietat
:
Citation
(
as
we
say
)
is
parcell
or
the
[
d
](A01292-e31320-b)
d
Clem
:
pastoralis
de
re
iud:
therefore
of
necessitie
the
partie
defendant
must
be
summoned
,
because
in
euerie
action
the
iudgement
hath
a
retrospect
to
the
originall
,
and
to
the
summons
,
and
as
we
say
in
plaine
tearmes
to
that
part
of
the
action
which
is
de
in
ius
vocando
:
[
e
](A01292-e31340-b)
e
Ext.
de
procurat
:
C.
in
nostra
in
sin
:
&
l.
prolatam
C.
de
sent:
&
interloq
:
om
:
iud.
otherwise
the
iudgement
is
erronious
,
[
f
](A01292-e31350-b)
f
Iusti
:
de
offic
:
iud:
in
princ
:
&
in
§.
omnem
in
authen
:
delitigios
.
Gloss.
in
cap
prudentia
.
§.
1.
de
offic
:
de
leg
:
because
Citation
is
of
the
substance
of
the
proceeding
,
for
that
is
the
beginning
of
the
suit
,
howsoeuer
some
holde
opinion
that
the
suit
is
not
begun
ante
litis
contestationem
,
[
g
](A01292-e31370-b)
g
d.
authen
:
de
litigios
§.
si
vero
a
preside
.
l.
apertisaimi
.
C.
de
Iudic
:
before
the
appearance
of
the
party
def.
and
the
libel
exhibited
in
Court
,
&
notice
taken
thereof
by
the
def.
by
by
some
responsory
act
,
because
(
say
they
)
post
litis
contestationem
non
potest
forum
declinari
,
[
h
](A01292-e31390-b)
h
ff.
de
iudic
:
l.
1.
&
2.
&
C.
de
litis
Contest
.
the
iurisdiction
cannot
be
auoided
after
the
apparance
&
the
exhibiting
of
the
libel
,
&
any
kind
of
aunswere
applied
,
but
others
hold
in
my
opinion
more
agreable
to
the
truth
,
that
it
is
one
of
the
fundamentall
beginnings
of
the
suit
,
and
one
of
the
essentiall
and
formall
parts
of
the
iudgement
,
because
the
omitting
of
it
doth
frustrate
the
iudgement
.
[
i
](A01292-e31400-b)
i
l.
de
vno
quoque
ff.
de
re:
iud:
&
in
c.
1.
de
caus
.
poss.
&
ꝓprietat
:
extra
3.
The
other
point
is
a
matter
of
ciuilitie
,
or
curtesie
,
because
humanitie
doth
require
that
before
any
man
doe
contende
in
suite
,
and
doe
prepare
and
addresse
himselfe
ad
experiendum
summum
ius
,
that
hee
friendly
and
mildely
doe
admonishe
him
,
with
whom
he
is
to
deale
,
of
his
duetie
,
that
if
by
faire
meanes
he
may
be
wonne
,
the
rigor
of
Law
may
not
be
exercised
.
[
m
](A01292-e31420-b)
m
l.
quid
vberius
ff.
de
seruitut
:
vrban
.
praed
:
&
l.
debitores
C.
de
pign
:
Anglonomoph
.
These
cautels
which
your
Law
[
n
](A01292-e31480-b)
n
32.
H.
6.
32.
35.
H.
6.
36.
so
in
a
writ
brought
by
one
as
sonne
and
heire
to
I.
S.
after
imparlance
the
tenant
cannot
pleade
to
the
writte
that
hee
is
bastarde
,
or
that
hee
is
not
heire
,
but
he
may
verie
well
pleade
it
in
barre
of
the
action
,
[
o
](A01292-e31490-b)
o
22.
E.
4.
35.
and
so
outlawrie
is
a
good
plea
in
barre
of
an
action
of
debt
:
for
by
the
outlawrie
of
the
plaintife
,
the
debt
if
it
growe
by
especialtie
is
vested
in
the
Queene
,
otherwise
it
is
of
an
action
of
debt
vpon
a
contract
:
[
p
](A01292-e31500-b)
p
16.
E.
4.
4.
for
in
that
case
the
debtor
might
wage
his
lawe
against
the
debtee
who
is
outlawed
,
and
as
it
seemeth
by
10.
Hen.
7.
the
outlawrie
goeth
rather
in
barre
of
the
action
,
then
to
the
writte
,
for
there
it
is
sayde
,
that
where
a
man
cannot
pleade
to
the
writte
,
but
by
shewing
of
a
matter
in
barre
,
there
he
may
shewe
it
and
conclude
to
the
writte
:
for
in
an
action
of
debt
a
man
may
pleade
outlawrie
in
the
plaintife
,
and
conclude
to
the
person
,
and
yet
the
matter
goeth
in
barre
,
and
he
may
pleade
it
also
in
barre
,
[
q
](A01292-e31510-b)
q
10.
H.
7.
11.
and
conclude
to
the
action
,
and
after
that
a
voucher
is
counterpleaded
,
and
the
tenant
put
to
an
other
aunswere
,
hee
may
notwithstanding
plead
that
the
demaundant
is
outlawed
,
[
r
](A01292-e31520-b)
r
21.
E.
4.
64.
but
after
voucher
the
tenant
may
not
plead
to
the
fourme
of
the
writte
,
[
s
](A01292-e31530-b)
s
5.
E.
3.
223.
and
32.
Hen.
6.
is
verie
playne
,
that
where
a
man
pleadeth
that
the
plaintife
is
an
alien
borne
,
or
a
villaine
,
or
an
outlawed
person
it
is
left
to
his
choise
,
whether
he
will
conclude
these
special
matters
to
the
writte
or
to
the
action
,
[
t
](A01292-e31540-b)
t
32.
H.
6.
27.
and
though
the
defendant
haue
made
an
attourney
in
a
repleuin
,
yet
he
may
afterward
alleadge
that
the
plaintife
is
his
villaine
,
[
u
](A01292-e31550-b)
u
29.
E.
3.
24.
So
21.
R.
2.
in
Assise
brought
by
the
husbande
and
wife
against
diuerse
persons
,
the
tenantes
sayde
that
the
wife
of
the
plaintife
was
entred
into
religion
in
the
house
of
B.
and
there
was
a
Nun
professed
,
&
demaunded
iudgment
if
she
should
be
aunswered
,
and
the
Assise
was
adiorned
into
the
common
place
,
and
a
writte
was
sent
to
the
Bishoppe
to
certifie
,
who
certified
that
she
was
professed
,
wherefore
the
defendants
praied
that
the
husband
and
wife
might
be
barred
foreuer
,
and
it
was
helde
by
the
whole
Court
,
that
forsomuch
as
the
pea
did
stretche
onely
to
disable
the
wife
of
the
plaintife
,
and
if
the
husbande
and
wife
had
purchase
iointly
,
that
the
baron
should
notwithstanding
the
disablement
haue
an
Assise
of
the
whole
,
but
otherwise
it
is
if
the
husbande
and
wife
bring
an
Assise
,
and
a
feoffement
or
release
of
the
husbande
or
the
wife
or
of
some
auncestour
of
one
of
them
bee
pleaded
in
barre
,
both
of
them
shall
be
barred
,
therefore
in
this
case
it
was
helde
that
the
iudgement
ought
not
to
be
that
the
husbande
should
be
barred
,
but
by
the
aduise
of
the
whole
Court
it
was
awarded
that
the
husbande
and
the
wife
nihil
capiant
per
breue
suum
,
sed
essent
in
misericordia
.
[
x
](A01292-e31570-b)
x
21.
R.
2.
Judgem̄t
263.
and
in
the
thirde
yeare
of
Henry
the
sixth
it
was
held
a
good
plea
to
say
that
the
demandant
was
an
alien
borne
in
Portugall
,
which
is
out
of
the
Kings
legeance
with
conclusion
,
sil
serra
respondu
.
[
a
](A01292-e31590-b)
a
3.
H.
6.
11.
and
therefore
Master
Theloall
in
his
Digest
of
writtes
well
obserueth
,
that
an
exception
taken
to
a
writ
propter
defectum
nationis
,
vel
potius
defectum
subiectionis
,
vel
ligeantiae
is
peremptorie
,
and
that
the
action
can
not
bee
reuiued
by
peace
,
or
league
subsequent
,
and
that
the
King
may
graunt
lycence
to
aliens
to
impleade
,
and
likewise
that
such
aliens
as
come
into
the
Realme
by
the
Kinges
licence
and
safe
conduite
may
vse
personall
actions
by
writte
,
though
they
bee
not
made
denizens
,
and
that
denizens
lawfully
made
by
the
Kinges
graunt
,
and
such
aliens
borne
which
are
within
the
expresse
wordes
of
the
statute
of
25.
of
Edward
the
thirde
,
may
vse
actions
reall
by
originalll
writte
,
[
b
](A01292-e31620-b)
b
Thelo
:
Digest
de
briefes
lib.
1.
ca.
6.
And
where
a
man
is
excommunicated
,
and
hee
sueth
an
action
reall
or
personall
,
the
tenant
or
defendant
may
pleade
that
the
plaintife
is
excommunicated
,
and
hereof
he
ought
to
shewe
the
Bishoppes
letters
vnder
his
seale
testifying
the
excommunication
,
and
then
he
may
demaunde
iudgement
whether
he
ought
to
bee
aunswered
,
[
c
](A01292-e31630-b)
c
Litt'
lib.
2.
ca.
11.
sect'
42.
but
if
the
demaundant
or
plaintife
cannot
denie
this
,
the
writ
shal
not
abate
,
but
the
iudgement
shal
be
that
the
tenant
or
def.
shall
go
quite
without
day
:
because
when
the
demandant
,
or
plaintife
hath
purchased
letters
of
absolution
,
and
they
are
shewed
forth
to
the
Court
,
he
may
haue
a
resummons
or
reattachement
vpon
his
originall
according
to
the
nature
of
his
writte
,
[
d
](A01292-e31640-b)
d
Litt'
ibid.
and
whereas
you
say
,
that
it
behoueth
the
plaintife
to
be
sure
that
he
haue
a
good
cause
of
action
least
he
pay
the
costes
,
that
now
by
statute
is
made
common
Law
,
for
by
the
statute
of
23.
H.
[
e
](A01292-e31660-b)
e
23.
H.
8.
c.
15.
Rast.
Dammages
6.
.
Likewise
whereas
as
you
saie
,
that
the
partie
plaintife
ought
to
be
warie
,
least
hee
Pro
laesione
fidei
,
because
the
acte
which
is
to
be
done
,
is
a
temporal
acte
and
ought
to
be
tried
by
the
Common
law
,
and
therefore
if
the
partie
be
sued
in
the
Ecclesiasticall
Court
for
it
,
he
may
haue
a
prohibition
[
f
](A01292-e31690-b)
f
Fitzh
.
N.
B.
43.
D.
,
so
if
a
man
deuise
to
one
landes
or
tenements
deuiseable
,
the
deuisee
may
not
sue
for
these
lands
in
the
ecclesiasticall
Court
,
but
if
he
make
a
deuise
of
goods
or
chattels
reall
as
of
an
estate
for
tearme
of
yeares
,
or
of
a
warde
,
for
such
he
may
[
g
](A01292-e31710-b)
g
Fitz.
161.
F.
,
and
if
a
trespasse
bee
done
vpon
the
gleabe
of
a
beneficed
person
,
this
must
be
tried
at
the
Common
lawe
[
h
](A01292-e31720-b)
h
19.
H.
6.
20.
,
but
if
the
termor
of
certaine
land
doe
deuise
his
croppe
and
die
,
the
spiritual
Court
shal
hold
plea
for
this
crop
[
i
](A01292-e31730-b)
i
8.
H.
3.
Prohibit
.
19.
,
but
if
a
man
sue
in
the
spirituall
Court
for
a
rent
reserued
vpon
a
lease
for
tithes
or
offerings
,
a
prohibition
lieth
,
for
this
is
a
lay
rent
[
k
](A01292-e31740-b)
k
44.
E.
3.
32.
,
and
a
man
may
sue
a
prohibition
directed
to
the
Sheriffe
,
that
the
Sheriffe
shall
not
permit
,
nor
suffer
the
Queenes
lay
people
and
subiects
to
come
to
any
place
at
the
citation
of
Bishops
ad
faciendum
aliquas
recognitiones
vel
sacramentum
praestandum
nisi
in
causis
matrimonialibus
&
testamentarijs
[
l
](A01292-e31760-b)
l
Fitzh
.
N.
B.
41.
A.
,
but
if
a
testament
beare
date
at
Cane
in
Normandie
,
yet
it
may
bee
proued
in
England
,
&
the
executors
may
thereupon
haue
an
action
[
m
](A01292-e31770-b)
m
18.
E.
2.
Testam.
6.
,
&
a
testament
shewed
vnder
the
seale
of
the
Ordinaire
is
not
trauersable
[
n
](A01292-e31780-b)
n
36.
H.
6.
31.
Pa●k
.
tit.
Testam
.
:
furthermore
,
if
one
which
is
of
the
Queenes
houshold
sue
an
other
,
which
is
not
of
her
Maiesties
houshold
in
the
court
of
Marshalsie
,
the
defendant
may
plead
to
the
iurisdiction
of
the
Court
,
and
if
the
Court
wil
not
allow
this
exception
,
he
may
haue
a
writ
of
Error
,
and
the
iudgement
giuen
in
the
Marshalsie
may
bee
reuersed
in
the
Kings
bench
[
o
](A01292-e31790-b)
o
18.
E.
4.
22.
19.
E.
4.
2.
4.
7.
in
Scir
.
fa.
inter
Prior.
de
Merton
.
&
Prior.
de
Bingh
.
per
Littlet
.
,
and
if
one
of
the
Queenes
houshold
sue
an
other
of
the
same
houshold
,
and
the
plaintife
is
put
out
of
seruice
depending
the
plea
,
the
other
may
shewe
this
and
abate
the
writte
,
but
otherwise
it
is
if
the
defendant
be
put
out
of
seruice
[
p
](A01292-e31800-b)
p
Lib.
de
diuers
.
des
Courts
fol.
102.
b.
,
and
if
a
man
be
impleaded
in
the
Common
place
for
lands
within
the
cinque
portes
,
the
tenant
may
shewe
to
the
Court
that
the
lande
is
within
the
Cinque
ports
,
and
by
this
plea
the
Court
shall
bee
outed
of
iurisdiction
,
but
if
the
tenant
do
plead
a
plea
in
barre
,
which
is
founde
against
him
,
so
that
the
demaundant
hath
iudgement
to
recouer
the
land
,
this
iudgement
shall
binde
the
tenant
foreuer
[
q
](A01292-e31810-b)
q
Lib.
de
diuers
.
des
courts
107.
,
and
so
it
is
of
landes
in
auncient
demesne
,
if
a
writte
bee
brought
for
them
in
the
Common
place
,
if
the
tenant
appeare
and
plead
in
barre
and
take
no
exception
to
the
iurisdiction
,
and
the
plea
is
found
against
him
,
so
that
the
demaundant
recouereth
,
the
tenant
shall
not
reuerse
this
by
a
writte
of
Error
,
because
hee
might
haue
taken
in
time
,
exception
to
the
iurisdiction
of
the
Court
,
and
that
should
haue
beene
allowed
[
r
](A01292-e31820-b)
r
Ibidem
.
,
but
the
lorde
may
reuerse
this
iudgement
by
a
writ
of
disceite
,
and
make
the
land
auncient
demesne
as
it
was
before
[
s
](A01292-e31830-b)
s
Ibid.
&
16.
E.
2.
Continuall
Claime
10.
11.
H.
4.
86.
7.
H.
4.
44.
8.
H.
4.
24.
17.
E.
3.
41.
26.
E.
3.
33.
:
now
I
come
to
the
citation
[
t
](A01292-e31870-b)
t
31.
E.
3.
Processe
55.
,
and
in
an
attachment
vpon
a
prohibition
,
the
Sheriffe
returned
Non
est
inuentus
,
the
plaintife
prayed
a
Capias
to
an
other
Sheriffe
in
an
other
Countie
,
but
the
Clarkes
said
that
he
ought
not
to
haue
any
other
processe
then
an
attachment
in
the
other
Countie
,
because
it
may
bee
that
hee
hath
assets
in
the
other
Countie
[
u
](A01292-e31900-b)
u
13.
E.
3.
Processe
34.
,
(
by
which
hee
may
be
summoned
)
and
so
11.
H.
4.
it
is
said
that
in
an
action
of
dette
or
trespasse
,
a
Capias
will
not
lie
against
an
Earle
,
or
any
of
like
estate
,
because
it
is
to
bee
intended
that
they
haue
assets
whereby
they
may
bee
summoned
,
and
brought
to
their
answere
[
x
](A01292-e31920-b)
x
11.
H.
4.
15.
per
Hals
.
,
and
in
a
writte
against
P.
and
T.
and
A.
the
wife
of
T.
by
diuerse
praecipes
:
in
the
summons
A.
was
omitted
,
wherefore
the
writte
abated
[
a
](A01292-e31940-b)
a
2.
E.
3.
39.
8.
E.
3.
44.
10.
E.
3.
532.
27.
H.
6
:
6
,
likewise
in
a
writ
of
dower
by
seuerall
praecipes
,
the
name
of
one
of
the
tenants
was
omitted
in
the
clause
inde
queritur
and
in
the
summons
,
whereupon
the
writte
was
abated
[
b
](A01292-e31970-b)
b
12.
E.
3.
Brief
.
671.
,
furthermore
if
a
man
recouer
in
a
writ
of
waste
by
the
default
of
the
defendant
,
where
hee
was
not
summoned
,
hee
may
haue
a
[
c
](A01292-e31990-b)
c
19.
E.
3.
Disceit
3.
20.
E.
3.
Disceit
5.
29.
E.
3.
54.
48.
E.
3.
19.
19.
E.
2.
Disceit
56.
17.
E.
3.
58.
Fitzh
.
N.
B.
98.
b.
105.
a.
,
&
in
this
writ
of
disceit
(
if
there
weare
two
summoners
returned
vpon
the
writ
,
in
which
the
summons
failed
)
if
the
Sheriffe
do
returne
one
of
the
summoners
dead
,
yet
the
other
summoner
shall
be
examined
:
and
if
it
be
found
that
he
did
not
summon
the
partie
,
he
shal
be
restored
to
his
land
[
d
](A01292-e32000-b)
d
8.
E.
3.
Disceit
7.
1.
E.
2.
Disceit
48.
,
but
if
the
summons
be
returned
to
be
made
by
foure
men
,
whereas
in
truth
they
did
not
execute
the
summons
of
the
writ
,
as
long
as
two
of
them
liue
,
the
tenant
who
lost
in
the
writ
may
haue
a
writ
of
disceit
[
e
](A01292-e32010-b)
e
Fitzh
.
N.
B.
98.
D.
,
but
if
three
of
them
die
,
a
writ
of
disceit
may
not
be
brought
[
f
](A01292-e32020-b)
f
35.
H.
6.
46.
,
but
an
action
vpon
the
case
[
g
](A01292-e32030-b)
g
1.
H.
6.
1.
,
&
in
a
Praecipe
quod
reddat
against
the
husband
and
the
wife
,
if
at
the
grand
Cape
the
husband
appeare
in
person
,
and
the
wife
appeareth
by
Attorney
,
who
hath
a
warrant
of
Attorney
which
is
not
sufficient
,
&
therefore
iudgement
is
giuen
vpon
the
wifes
default
against
the
husband
and
wife
,
yet
they
may
haue
a
writ
of
disceit
if
they
were
not
summoned
[
h
](A01292-e32050-b)
h
18.
E.
2.
Disceit
.
54.
&
55.
Fitzh
.
N.
B.
99.
B.
,
and
how
necessarie
a
summons
is
,
may
appeare
verie
plainly
by
the
booke
of
7.
H.
6.
where
in
a
Formedon
they
were
at
issue
,
and
the
tenant
at
the
Nisi
prius
made
default
,
&
the
demandant
shewed
how
hee
was
in
prison
in
the
warde
of
the
Marshall
,
and
praied
that
they
would
sende
for
him
to
appeare
,
otherwise
hee
would
saue
his
default
afterward
by
imprisonment
,
wherefore
the
Court
sent
for
him
and
he
came
[
i
](A01292-e32070-b)
i
7.
H.
6.
38.
.
Nomomath
.
Yee
haue
spent
a
great
deale
of
Codicgn.
This
question
is
easily
resolued
,
for
if
[
k
](A01292-e32170-b)
k
ff.
de
verb.
oblig
.
l.
qui
ante
Calendas
&
l.
eum
qui
ita
ff.
eod.
,
and
though
an
appeale
be
to
be
brought
within
10.
daies
after
the
iudgement
,
yet
the
last
daie
is
taken
inclusiue
,
and
not
exclusiue
[
l
](A01292-e32200-b)
l
ff.
de
success
.
edict
:
l.
1.
§.
dicimus
.
:
and
if
time
be
giuen
to
one
either
by
the
partie
or
by
Lawe
,
that
he
may
paie
so
much
monie
within
,
or
doe
or
propound
anything
de
iure
suo
within
10.
daies
,
or
from
hence
vntill
10.
daies
,
he
may
paie
,
do
or
propound
the
10.
daie
without
any
preiudice
or
surcease
of
time
[
m
](A01292-e32220-b)
m
Instit.
de
verb.
oblig
.
§.
si
in
diem
.
.
Anglonomo
.
If
a
man
be
bound
to
paie
monie
in
festo
sanctae
Trinitatis
,
if
he
tender
the
monie
in
the
vigil
of
the
feast
,
it
is
not
good
,
nor
in
the
octaues
,
but
the
tender
must
be
made
the
very
daie
of
the
feast
,
but
if
the
paiment
had
bin
limited
on
this
side
the
feast
,
or
before
the
feast
,
then
it
may
well
be
made
in
the
vigill
of
the
feast
[
n
](A01292-e32270-b)
n
21.
E.
4.
52.
,
and
these
words
ab
octabis
sanctae
Trinitatis
must
be
intended
à
4.
die
octabis
Trinitatis
:
&
thereupon
M.
Brooke
noteth
,
that
to
this
intent
the
first
daie
and
the
[
o
](A01292-e32320-b)
o
21.
E
:
4.
43.
Br.
Iour
&
iours
en
court
57.
,
&
therfore
if
after
the
day
of
the
returne
of
the
writ
of
Capias
,
and
before
the
fourth
day
which
is
ful
tearme
,
the
Sheriffe
doth
arrest
a
man
this
arrest
is
not
iustifiable
,
because
the
first
day
and
the
fourth
day
be
all
one
daie
[
p
](A01292-e32340-b)
p
33.
H.
6.
42.
.
Nomom
.
I
would
not
haue
you
to
insist
longer
Anglonomoph
.
Al
wrongs
&
offences
are
either
Nomom
.
The
manner
of
such
informing
seemeth
Codicg
.
It
is
true
&
our
law
doth
generally
disallow
such
proceeding
,
&
therfore
the
name
of
a
delator
or
informer
is
in
our
law
accompted
dishonest
[
q
](A01292-e32500-b)
q
L.
3.
C.
de
Iniur
.
:
and
therefore
it
saith
expresly
.
Delatores
[
r
](A01292-e32540-b)
r
De
Delatoribus
C.
lib.
10
&
lib.
10.
C.
Theod.
de
petion
:
&
vltro
dat
.
&
delat
.
.
Plutarch
calleth
them
,
Impios
,
&
dijs
inuisos
homines
[
s
](A01292-e32570-b)
s
Plutarch
.
in
Dion
.
.
Tacitus
calleth
them
Genus
hominum
publico
exitio
repertum
,
&
paenis
nunquam
satis
coercitum
[
t
](A01292-e32600-b)
t
Tacit.
lib.
4.
annati
:
.
The
Romane
Senate
after
the
death
of
Nero
demaunded
instantly
,
that
such
kind
of
men
might
be
punished
more
maiorum
[
u
](A01292-e32630-b)
u
Tacit.
lib.
2.
&
4.
histor.
,
and
these
words
(
more
maiorum
)
an
interpreted
by
Alciat
and
Faber
,
to
be
the
most
extreme
punishment
that
could
be
deuised
[
x
](A01292-e32670-b)
x
Alciat
.
lib.
4.
Parerg.
c.
21.
Faber
lib.
2.
semestr
.
c.
7.
.
In
like
fault
&
punishable
after
the
same
manner
doth
our
law
adiudge
suborners
to
be
,
which
do
minister
occasion
to
the
informer
,
&
do
serue
his
turne
in
the
prosecuting
of
his
information
[
a
](A01292-e32680-b)
a
L.
2.
§.
3.
&
4.
l.
22.
23.
24.
de
iur
:
sisci
.
ff.
Harmenop
.
li.
2.
tit.
15.
&
l.
1.
§.
pen
:
Ad
S.
C.
Turp
:
ff.
.
Against
such
suborners
and
informes
sharpe
&
seuere
punishments
were
[
b
](A01292-e32710-b)
b
Sueton.
c.
8.
,
Pertinax
[
c
](A01292-e32730-b)
c
Herodia
.
lib.
2.
,
Seuerns
[
d
](A01292-e32750-b)
d
Herodia
.
ibi
.
,
Macrinus
[
e
](A01292-e32770-b)
e
Herodi
.
li.
5.
,
Gordianus
[
f
](A01292-e32790-b)
f
Herod
.
lib.
7.
,
Aurelianus
[
g
](A01292-e32810-b)
g
Vopise
.
,
Traianus
[
h
](A01292-e32830-b)
h
Plin.
in
Panegyr
.
,
these
menne
were
in
auncient
time
bannished
vnto
the
Gaetulian
sandes
,
which
are
in
the
remote
partes
of
Affricke
[
i
](A01292-e32860-b)
i
Martial
.
lib.
1.
epigram
.
,
and
this
sorte
of
men
did
neuer
florish
in
the
Romane
common
weale
but
vnder
tyrans
,
as
namely
Nero
,
Tiberius
,
Commodus
,
and
the
like
,
and
therfore
these
exclamations
were
heard
when
they
were
dead
,
Delatores
ad
leonem
,
Delatoribus
metum
,
Delatores
de
senatu
,
Delatoribus
f●stem
[
k
](A01292-e32890-b)
k
Lamprid.
in
commod
.
.
Anglonomo
.
Thus
you
deterre
informers
from
their
iust
accusations
by
minatorie
speaches
,
vttered
by
male-contented
persons
,
but
as
archers
when
they
ayme
at
a
marke
do
often
shoote
beside
it
,
so
you
disputing
of
this
question
,
haue
spoken
[
l
](A01292-e32970-b)
l
Tacit.
lib.
3.
anuali
.
:
and
Suetonius
tearmeth
them
Calumnias
slaunderous
accusations
[
m
](A01292-e33000-b)
m
Sueton.
in
Domiti
.
c.
9.
,
such
men
did
not
openly
prooue
,
but
secretely
impeach
the
good
name
of
others
,
as
Cuiaci
well
obserueth
[
o
](A01292-e33020-b)
o
Cuiaci
.
ad
Paulum
.
,
but
none
of
your
former
speeches
do
touch
these
,
which
prooue
directly
and
fully
that
which
they
alleage
in
their
information
neither
doth
your
law
(
for
I
looke
sometime
into
it
)
punish
such
[
p
](A01292-e33030-b)
p
L.
8.
10.
12.
C.
Th:
de
pet.
&
delat
.
l.
1.
ad
S.
C.
Tu●p
.
ff.
,
but
if
they
doe
not
proue
their
surmises
,
they
are
worthily
punished
:
[
q
](A01292-e33050-b)
q
18.
Eliz.
c.
5.
Rast.
Inform.
1
:
&
wheras
you
say
that
your
lawe
doth
generally
disallow
such
proceeding
,
by
your
fauour
it
is
not
so
,
for
he
which
by
office
is
appointed
and
charged
to
informe
,
or
by
some
other
obligation
of
Lawe
is
bound
to
informe
,
&
he
which
doth
it
directly
for
the
profite
of
the
common
weale
is
allowed
by
your
law
to
execute
that
course
of
proceeding
[
r
](A01292-e33060-b)
r
L.
1.
l.
2.
&
l.
6.
Ad
S.
C.
Turpil
:
ff.
,
[
s
](A01292-e33120-b)
s
S.
Augustin
.
lib.
3.
de
ciuitate
dei
.
c.
21.
:
&
Florus
writeth
agreeably
to
Salust
:
Hactenus
populus
Romanus
pulcher
,
egregius
,
pius
,
sanctus
,
atque
magnificus
[
t
](A01292-e33150-b)
t
Flor.
histor.
lib.
2.
c.
19.
:
I
saie
in
these
happie
times
,
or
if
you
will
in
these
last
vnhappy
times
of
the
Romane
common
weale
,
certen
informers
were
earnestly
busied
in
courts
which
were
then
tearmed
(
as
appeareth
by
Plautus
[
u
](A01292-e33170-b)
u
Plaut.
in
Pers.
,
who
liued
in
those
times
)
quadruplatores
,
because
they
had
the
4.
part
of
the
forfeiture
of
the
defendant
[
x
](A01292-e33190-b)
x
Festus
.
,
if
their
information
were
true
,
&
these
were
accompted
alone
,
&
in
the
same
degree
with
delatores
[
a
](A01292-e33210-b)
a
Vopisc
.
in
Aureli.
.
This
may
suffice
to
infring
that
which
you
haue
deliuered
,
Codicgn.
against
informers
:
Now
giue
me
I
pray
you
a
little
leaue
to
proue
that
informers
are
not
onely
tolerable
in
a
well
gouerned
common
weale
,
but
euen
expedient
and
[
b
](A01292-e33240-b)
b
Plutar.
in
Lucul
.
:
Conanus
the
king
of
Scots
did
make
a
law
,
that
in
euery
great
Church
there
should
be
a
cheste
hauing
some
holes
in
the
top
,
into
which
the
informers
might
put
in
at
pleasure
their
seuerall
billes
of
information
,
wherein
the
fault
committed
,
the
place
,
the
time
,
the
witnesses
and
the
parties
accused
weare
conteined
:
then
the
Magistrate
openeth
the
cheste
,
bringeth
the
matter
into
question
,
and
the
guiltie
person
being
condemned
the
halfe
parte
of
the
goods
forfeited
goeth
to
the
informer
:
which
lawe
is
now
put
in
practise
,
by
them
of
Millaine
[
c
](A01292-e33260-b)
c
Bodin
.
li.
4.
de
repub.
c.
6.
.
Nomomath
.
You
haue
spoken
enough
of
this
[
d
](A01292-e33370-b)
d
De
appell.
extra
.
C.
ex
parte
.
&
in
Clem.
Pastoralis
.
&
ibi
glos
:
sup.
verbo
Notorum
.
de
re
iudicat
.
,
&
so
it
is
if
through
great
snow
,
or
inundation
of
water
the
waies
&
passages
be
stopped
and
shut
vp
,
in
these
and
the
like
cases
,
the
Law
doth
dispense
with
defaults
,
and
therefore
the
matter
of
delaies
is
for
the
most
parte
committed
arbitrio
iudicis
[
e
](A01292-e33390-b)
e
L.
2.
ff.
de
re
iudicata
.
,
who
may
take
certaine
notice
of
these
things
.
Anglonomo
.
It
is
a
receiued
opinion
with
vs
,
that
infirmitie
or
the
fall
of
a
man
from
his
horse
whilest
he
was
in
his
iourney
,
though
the
partie
be
by
the
fall
in
daunger
of
death
,
is
no
sufficient
cause
to
saue
a
default
,
but
the
swelling
and
ouerflowing
of
waters
is
a
good
and
sufficient
cause
,
&
so
is
an
imprisonment
[
f
](A01292-e33430-b)
f
38.
H.
6.
12.
,
for
though
the
imprisonment
do
originaly
happen
by
the
acte
of
the
partie
,
yet
it
is
an
impediment
of
apparance
against
his
will
,
&
it
is
a
restraint
imposed
by
acte
of
Lawe
[
g
](A01292-e33440-b)
g
3.
H.
6.
46.
:
so
that
the
partie
is
as
it
were
by
▪
Law
made
corpus
immobile
,
&
therfore
his
default
must
needs
be
excused
4.
H.
5.
sicknes
was
held
a
good
excuse
to
auoid
an
outlawrie
[
h
](A01292-e33460-b)
h
4.
H.
5.
Chalenge
153.
Br.
Sauer
.
de
def.
45.
,
but
M.
Br.
doubteth
of
that
,
because
sicknesse
may
be
feined
,
yet
vpon
the
booke
of
4.
H.
4.
cited
in
the
boke
called
the
abridgment
of
assises
,
because
there
maladie
was
pleaded
against
outlawry
&
was
admitted
[
i
](A01292-e33480-b)
i
Abridgem
.
d●ssise
48.
,
he
beginneth
to
wayuer
in
opinion
[
k
](A01292-e33490-b)
k
Br.
Sauer
de
def.
48.
,
&
therfore
I
may
with
more
colour
leaue
it
doubtfull
.
Nomomath
.
Which
is
the
most
common
action
Codcignost
.
The
action
which
is
called
actio
[
l
](A01292-e33660-b)
l
ff.
de
iniur
.
l.
lex
Cornelia
.
,
in
all
other
cases
it
is
praetoria
:
but
both
kinds
agree
in
this
,
that
the
fault
&
iniurie
is
punished
[
m
](A01292-e33680-b)
m
Instit.
de
iniur
:
§.
penult.
&
ff.
de
iniur
:
l.
iniuriarum
.
:
and
in
the
pursuing
of
it
a
man
may
deale
either
ciuilly
or
criminally
,
but
one
of
the
waies
being
chosen
,
the
other
may
not
be
entred
into
[
n
](A01292-e33690-b)
n
L.
quod
senatus
.
&
l.
praetor
.
§.
1.
ff.
de
Iniurijs
.
,
and
if
the
partie
bring
ciuilem
actionem
iniuriarum
,
he
shal
recouer
the
damages
[
o
](A01292-e33710-b)
o
ff.
Iniur
:
eod:
l.
Idem
apud
§.
si
quis
seruo
.
:
but
if
he
bring
praetoriam
he
shall
effect
nothing
thereby
but
vindictam
,
the
punishment
of
the
partie
which
hath
offended
.
Anglonomoph
.
This
your
speech
tendeth
to
no
other
purpose
as
it
seemeth
,
than
to
insinuate
that
such
wrongs
may
be
pursued
by
action
or
enditement
,
[
p
](A01292-e33780-b)
p
2.
E.
3.
12.
li.
ass.
33.
Crompt
.
I.
P.
61.
,
but
if
a
man
enter
by
force
where
his
entre
is
lawful
(
so
that
there
is
no
fault
in
the
matter
of
his
title
,
but
in
the
manner
of
his
entre
onely
)
he
shall
not
be
punished
by
way
of
action
,
but
by
way
of
enditement
[
q
](A01292-e33790-b)
q
15.
H.
7
▪
17.
Fitzh
.
I.
P.
fol.
117.
Br.
Forcib
.
entre
11.
9.
H.
6.
19.
Fitzh
.
N.
B.
248.
,
and
so
if
the
disseisor
hold
possession
by
force
during
the
space
of
three
yeares
,
if
the
disseisie
bring
an
action
vpon
the
Statute
of
8.
H.
6.
hee
shall
be
barred
by
this
matter
pleaded
,
but
otherwise
it
is
in
an
inditement
vpon
that
statute
,
which
is
the
Queenes
suit
,
and
vpon
such
inditement
the
partie
shall
haue
restitution
,
though
hee
may
not
haue
an
action
[
r
](A01292-e33800-b)
r
14.
H.
7.
29.
per
Fineux
,
Reade
,
&
Tremaile
.
,
and
if
the
disseisie
oute
the
disseisor
with
force
,
the
disseisor
shall
not
haue
an
action
,
but
yet
the
disseisie
may
bee
indited
vpon
the
aforesaid
statute
,
and
the
disseisor
shall
thereby
be
restored
[
s
](A01292-e33820-b)
s
15.
H.
7.
17.
Fitz.
N.
B.
248.
.
Nomomath
.
I
would
haue
you
to
proceed
Codicgnostes
in
describing
vnto
mee
,
the
forme
of
your
action
which
you
call
actionem
iniuriarum
,
that
it
may
bee
more
certaine
and
manifest
vnto
me
.
Codicgn.
I
haue
it
here
written
in
a
Booke
,
which
I
haue
readie
at
hand
.
Nomomath
.
I
praie
you
then
read
it
as
distinctlie
as
you
can
:
for
I
meane
diligently
to
obserue
Codicgn.
The
libell
standeth
thus
in
the
booke
:
Coram
vobis
clarissimo
,
magno
,
&
potenti
viro
&c.
dicit
,
ponit
,
asserit
&
quatenus
&c.
iustificare
intendit
Titius
,
quod
ipse
existente
die
.
19.
mensis
Augusti
proximè
praeteriti
hora
tertia
vel
circa
in
arenis
Nemāsensibus
ante
ecclesiam
S.
Petri
&
in
Comitiua
plurium
nobilium
personarum
pacificè
conseruando
,
neminique
iniuriam
inferendo
,
superuenit
ibidem
dictus
Sempronius
reus
,
qui
animo
iniurioso
ipsum
actorem
prouocauit
,
&
incitauit
per
rixosas
&
iniuriosas
allocutiones
,
&
quamquam
dictus
actor
ipsum
reum
dulcibus
&
placabilibus
verbis
refraenare
&
mitigare
niteretur
:
dictus
tamen
reus
semper
magis
atque
magis
insistebat
,
&
iniurias
prorūpebat
,
et
in
tantum
quòd
in
ipsum
actorem
talia
verba
,
seu
in
effectu
similia
,
bonorum
nominis
&
famae
ipsius
actoris
denigratoria
,
&
infamatoria
iniuriosè
protulit
,
dicens
:
Thou
naughtie
theefe
,
thou
doest
nothing
but
robbe
,
&
quia
dictus
actor
,
talia
sibi
imponendo
dixit
,
quòd
mentiebatur
dictus
reus
,
non
contentus
de
verbalibus
iniurijs
praefatis
ad
reales
,
&
facti
iniurias
processit
,
&
in
personam
ipsius
actoris
irruit
,
&
cum
pugno
pluribus
ictibus
ipsum
actorem
in
faciem
percussit
,
liuores
,
&
concussiones
fecit
,
&
alias
iniurias
plurimas
intulit
,
quas
quidem
iniurias
dictus
actor
mox
illico
&
incontinenti
ad
animum
reuocauit
,
&
iterum
reuocat
,
nolens
tales
&
tam
atroces
iniurias
sibi
illatas
fuisse
pro
summa
mille
librarum
coron:
quinimmo
suadet
tantum
perdidisse
quàm
dictas
iniurias
sustinuisse
,
vel
passus
fuisse
:
et
ad
quam
quidem
summam
dictas
iniurias
existimat
,
iudiciali
tamen
vestra
semper
taxatione
salua
.
Quare
ex
his
&
alijs
ex
processu
result
antibus
agit
dictus
actor
contra
dictum
reum
,
&
petit
per
vos
vestramq
,
definitiuam
sententiam
pro
suorum
nominis
&
famae
redintegratione
,
dictum
reum
ad
publice
dissonandum
,
profitendum
,
&
declarandum
,
dicta
verba
diffamatorta
&
iniurio
sa
fuisse
per
eum
inconsultò
&
contra
veritatem
dicta
,
&
prolata
,
&
pro
satisfactione
iniuriarum
dictarum
ad
dandum
,
&
soluendum
eidem
actori
summam
praedictam
mille
librarum
coron:
iudiciali
tamen
vestra
vt
saepe
dictum
est
taxatione
salua
,
vnà
cum
omnibus
expensis
factis
&
fiendis
:
de
quibus
dictus
actor
per
expressum
protestatur
condemnari
,
condēnatumque
cogi
&
compelli
vijs
iuris
,
&
remedijs
optimis
:
et
aliâs
petit
in
omnibus
ius
,
&
iustitiam
sibi
fieri
&
administrari
,
vestrum
benignum
,
quod
,
quale
,
&
quantum
decet
,
officium
humiliter
etiam
,
loco
actionis
si
opus
fuerit
,
implorando
.
Nomomath
.
This
is
a
very
long
&
circumstantiall
libell
,
&
to
my
understanding
,
many
exceptions
may
be
taken
to
it
,
which
you
shall
giue
me
leaue
for
argument
sake
,
and
for
my
more
vnderstanding
in
order
to
pursue
.
First
when
you
say
Anglonomoph
.
Your
exception
is
good
,
and
his
similia
were
ordered
by
the
Court
to
bee
expunged
,
or
blotted
out
by
reason
of
the
vncertaintie
[
t
](A01292-e34120-b)
t
4.
E.
6.
Br.
Action
sur
le
case
.
112.
.
Nonomath
.
Your
libel
likewise
displeaseth
me
Anglonomoph
.
Your
opinion
is
good
and
sound
[
u
](A01292-e34220-b)
u
13.
R.
2.
Iurisdict'
19.
and
so
in
an
action
of
Trespas
brought
against
the
Lorde
for
breaking
his
close
,
and
taking
his
horse
vi
&
armis
,
it
was
ruled
that
the
writte
shoulde
abate
for
taking
the
horse
,
did
not
as
to
the
breaking
of
the
close
:
[
x
](A01292-e34240-b)
x
48.
E.
3.
6.
For
the
Lord
cannot
iustifie
the
breaking
of
his
tenants
close
,
[
a
](A01292-e34250-b)
a
20.
E.
4.
2.
7.
R.
2
Briefe
632.
8
H.
4.
16
8.
E.
4.
15
:
10.
E.
4.
7.
So
in
an
action
of
Trespasse
for
entering
into
a
Warren
brought
by
the
tenant
against
the
Lord
of
the
soile
,
and
for
chasing
there
,
&
taking
of
conies
the
writ
shall
abate
as
to
the
entre
into
the
warren
vi
&
armis
,
and
shal
stand
good
for
the
remnant
,
[
b
](A01292-e34270-b)
b
3.
H.
6.
13.
&
if
it
appeare
by
the
writ
or
the
declaration
that
the
action
wil
not
lye
,
for
somethinges
mencioned
in
the
writ
,
yet
the
writ
may
be
in
force
for
the
remnant
,
as
in
a
writ
of
Wast
,
if
a
man
assigne
parcel
of
the
wast
in
a
thing
which
cannot
properly
be
said
to
bee
wast
,
the
writ
notwithstanding
shal
not
abate
for
the
whole
,
and
so
a
writ
of
Dower
shall
not
abate
for
the
whole
,
though
the
plaintife
doe
demaund
Dower
of
something
,
whereof
she
is
not
endowable
,
[
c
](A01292-e34280-b)
c
9.
H.
6.
10.
46
10.
H.
6.
5.
So
in
a
writ
of
Accompt
brought
against
one
as
Bailie
,
if
the
defendant
pleade
to
parcell
that
he
was
lessee
for
yeares
,
and
not
Bailie
,
this
shal
abate
the
writ
onely
for
that
parcel
,
[
d
](A01292-e34290-b)
d
18.
E.
3.
16.
and
8.
E.
4.
in
a
writ
of
Entre
brought
vpon
the
statute
of
5.
of
King
Richarde
the
second
for
entring
into
a
Mannor
and
into
an
aduowson
,
because
the
action
will
not
lie
for
the
aduowson
,
it
was
held
by
Lakin
,
that
the
writ
should
abate
for
parcel
,
[
e
](A01292-e34310-b)
e
8.
E.
4.
3.
likewise
in
an
action
of
Trespas
brought
by
the
husband
and
wife
for
a
batery
done
to
them
both
,
after
verdict
found
that
both
of
them
were
beaten
,
the
writ
abated
as
to
the
battery
of
the
husband
,
and
as
to
the
battery
of
the
wife
they
recouered
their
damages
,
[
f
](A01292-e34320-b)
f
9.
E.
4.
54.
and
it
is
said
11.
E.
3.
that
a
man
may
not
alleadge
in
a
writ
of
Eiectment
de
gard
,
quod
blada
sua
apud
B.
nuper
crescentia
messuit
&
blada
&
alia
bona
&c.
cepit
,
because
proclamation
lyeth
for
the
one
,
but
not
for
the
other
,
[
g
](A01292-e34340-b)
g
11.
E.
3.
471.
but
a
man
may
haue
a
writ
of
Detinue
of
Charters
and
of
Chattels
iointly
,
[
h
](A01292-e34350-b)
h
44.
E.
3.
41.
Briefe
583.
because
there
one
thing
is
the
ground
of
the
action
,
namely
the
deteiner
,
and
so
a
man
may
haue
a
writ
of
Det
,
where
parcell
of
the
debt
is
due
by
obligation
,
and
parcel
by
contract
,
because
there
the
debt
is
the
onely
occasion
of
suit
,
and
so
in
things
of
the
like
nature
[
k
](A01292-e34370-b)
k
19.
R.
Action
sur
le
case
52.
but
in
Adamses
case
it
was
ruled
,
that
whereas
an
action
vppon
the
case
was
brought
for
speaking
these
words
(
you
haue
made
a
false
record
,
I
wil
make
you
aunswere
where
you
dare
not
shewe
your
face
,
and
you
haue
sought
my
death
)
the
defendant
as
to
the
falsifiyng
of
the
recorde
iustified
,
because
he
did
make
a
misentrie
once
into
a
rolle
in
a
Court
where
hee
was
Stewarde
,
and
as
to
the
rest
he
pleaded
non
Culpable
,
and
hee
was
founde
guiltie
of
the
whole
,
and
damages
were
assessed
to
twenty
poundes
,
and
it
was
mooued
for
stay
of
Iudgement
,
that
some
of
the
wordes
would
not
beare
action
,
as
namely
to
say
(
that
he
sought
his
death
,
)
because
that
may
bee
by
due
meanes
in
Lawe
:
nor
the
other
wordes
(
that
he
woulde
make
him
aunswere
where
he
durst
not
shewe
his
face
)
wherefore
because
no
action
will
lie
for
part
of
the
matter
alleaged
,
the
assessement
of
the
damages
for
the
whole
is
not
good
,
and
therefore
iudgement
ought
not
to
be
giuen
:
to
which
it
was
answered
that
when
words
are
spoken
to
the
disgrace
of
a
man
,
they
cannot
be
otherwise
vnderstood
then
in
malam
partem
,
and
therefore
to
say
to
one
that
he
hath
beene
layed
of
the
pockes
is
t●
bee
intended
of
the
Frenche
pockes
,
and
though
action
will
not
lye
for
some
of
the
wordes
which
were
vttered
,
yet
it
must
be
intended
that
damages
were
assessed
for
these
wordes
which
are
of
effect
to
beare
action
:
and
this
case
hath
bin
adiudged
that
one
called
an
other
villaine
and
stronge
theefe
,
the
defendant
pleaded
non
Culpable
,
and
he
was
found
guiltie
to
the
damages
of
xl
.
li.
though
action
doe
not
lye
for
the
wordes
verie
villaine
,
yet
iudgement
was
giuen
that
the
plaintife
should
recouer
the
entier
damages
:
and
so
was
iudgment
giuen
in
the
principall
case
.
[
l
](A01292-e34400-b)
l
25.
Elizab.
Adamses
case
.
Nomomat
.
Wel
no
more
of
this
:
giue
me
leaue
hora
tertia
vel
circa
:
againe
,
me
thinkes
your
libel
is
too
prolixe
in
setting
downe
the
words
and
circumstances
of
the
iniurie
:
and
likewise
you
haue
vsed
too
many
wordes
in
describing
the
assault
and
batterie
,
which
might
haue
bin
briefly
expressed
by
these
words
insultum
in
eum
fecit
&
eum
verberauit
,
neither
doe
I
see
the
vse
of
these
wordes
pacifice
conseruando
,
neminique
iniuriam
animo
iniurioso
:
for
animo
i●iurioso
being
taken
for
a
surpl●sage
.
no
wronge
can
bee
done
without
an
iniurious
meaning
,
and
the
secreate
meaning
must
needes
appeare
by
the
open
description
of
the
wronge
.
Codicgn.
Giue
me
leaue
to
satisfie
you
in
all
these
particuler
obiections
,
and
to
render
a
reason
of
the
allegations
in
the
libell
.
The
very
day
10
Codicgn
.
answereth
the
exceptions
.
wherein
the
wronge
was
done
(
to
beginne
with
your
first
obiection
)
is
necessarily
to
bee
sette
downe
,
that
the
defendant
may
haue
certaine
notice
of
the
wrong
:
[
m
](A01292-e34600-b)
m
§.
atrox
:
Institut:
de
iniur
:
and
that
it
may
appeare
to
the
Court
,
that
the
iniurie
was
committed
within
the
yere
&c.
for
a
verball
iniurie
is
ended
and
ceaseth
within
the
yeare
&c.
[
n
](A01292-e34610-b)
n
l.
non
solum
:
§.
1.
ff.
de
iniur
:
and
whereas
you
disliked
the
multitude
of
wordes
in
discribing
the
wronge
,
surely
the
wronge
cannot
better
be
discribed
then
by
fulnesse
of
tearmes
,
which
are
apte
and
significant
to
agrauate
the
iniurie
,
[
o
](A01292-e34620-b)
o
l.
praetor
.
§.
sin
:
&
l.
vulneris
&
l.
si
est
questionis
,
&
l.
sed
si
vnus
.
§.
quidam
.
ff.
de
iniur
.
and
whereas
you
finde
fault
,
because
it
is
alleaged
in
the
libell
,
that
the
plaintife
did
behaue
himselfe
peaceably
nemini
iniuriam
inferendo
:
they
are
to
verie
good
purpose
,
for
if
the
plaintife
had
beene
a
quarrellous
,
or
contencious
person
,
and
had
giuen
some
occasion
of
strife
,
the
wrong
might
with
more
reason
bee
imputed
to
him
,
then
the
defendant
,
[
p
](A01292-e34640-b)
p
Glo.
in
l.
ob
haec
verba
ff.
de
his
qui
no
:
inf:
&
in
l.
1.
§.
cum
arietes
ff.
si
quad●up
.
paup
:
fec
:
and
hee
cannot
be
sayd
to
haue
done
a
wrong
,
who
incontinently
for
his
safegarde
after
the
same
maner
,
whereby
hee
is
assaulted
doth
defende
himselfe
,
for
when
a
man
is
assaulted
by
weapons
,
he
may
resist
with
weapons
,
[
q
](A01292-e34650-b)
q
l.
vt
vim
:
ff.
de
inst:
&
iure
l.
si
quis
percustor
:
C.
ad
leg
:
Cor.
de
sicar
:
but
if
he
doe
exceed
measure
in
repealing
iniurie
,
as
if
being
vexed
with
wordes
he
resiste
with
weapons
,
and
by
such
resistance
doe
beate
or
wounde
the
partie
,
he
that
is
so
grieued
may
haue
an
action
of
iniurie
against
him
,
[
r
](A01292-e34660-b)
r
l.
sententiam
§.
qui
cum
aliter
,
ff.
ad
l.
Aquil.
&
recouer
damages
:
[
s
](A01292-e34670-b)
s
l.
item
apud
La
be
onem
.
§.
si
quis
seruo
ff.
de
iniur
:
and
to
prescribe
some
temper
&
moderation
in
the
resisting
of
verbal
&
actuall
iniuries
,
I
remember
a
verse
not
altogether
vnpleasant
:
Res
dare
pro
rebus
,
pro
verbis
verba
solemus
,
Pro
bufis
bufas
,
pro
trufis
reddere
trufas
:
Thinges
must
be
recompenced
with
thinges
,
buffets
with
blowes
:
And
wordes
with
wordes
,
and
taunts
with
mockes
,
and
mowes
.
And
to
conclude
,
you
seeme
not
(
with
your
fauour
be
it
spoken
)
iustly
to
reproue
these
words
animo
iniurioso
,
for
they
are
expressed
for
difference
sake
,
because
if
a
man
in
iesting
wise
should
strike
an
other
or
vse
broad
boward
against
him
,
this
woulde
not
beare
an
action
,
because
it
was
not
done
animo
iniuriandi
,
sed
iocandi
.
[
t
](A01292-e34780-b)
t
l.
illud
peraeque
,
ff.
de
inim
:
&
l.
si
non
conuicij
C.
cod
:
this
I
think
you
are
sufficiently
quieted
in
opinion
as
to
the
doubts
which
you
proposed
.
Nomomat
.
Nay
verily
I
rest
as
yet
doubtful
,
and
for
the
fuller
clearing
of
my
minde
,
I
woulde
haue
Anglonomoph
.
to
speake
somewhat
of
these
thinges
out
of
the
common
Law
,
which
in
matters
of
declaration
and
pleading
is
very
curious
and
exquisite
.
Anglonomoph
.
Truth
and
error
are
both
equally
11
Anglo
.
particularly
examineth
&
discusseth
the
exceptions
.
beholden
vnto
you
,
for
in
some
thinges
by
the
censure
of
our
Law
one
of
you
hath
the
vpper
hand
,
in
other
some
the
other
:
for
proofe
hereof
I
will
by
your
patience
particularly
handle
euery
of
the
aforesaid
obiections
,
which
hath
in
it
any
colour
of
truthe
,
as
to
the
day
of
the
moneth
wherein
the
wronge
is
supposed
to
be
done
,
I
doe
nott
with
Codicgnostes
thinke
that
in
this
case
the
very
day
necessarily
ought
to
haue
bin
mentioned
,
because
it
is
not
trauersable
nor
materiall
to
make
any
issue
,
but
it
is
sufficient
(
for
obseruing
formalitie
)
to
set
downe
any
day
that
is
past
.
Codicgn.
But
with
vs
it
is
material
,
and
if
the
day
be
not
truely
set
downe
,
the
defendant
may
take
aduantage
of
it
.
Anglonomoph
.
With
vs
it
is
not
so
,
for
as
Newton
saith
20.
H.
6.
the
day
in
an
action
of
Trespas
and
repleuin
are
not
trauersable
,
for
if
the
defendant
iustify
at
an
other
day
after
,
he
ought
to
say
without
that
he
tooke
them
before
,
[
u
](A01292-e34960-b)
u
20.
H.
6.
40.
per
Newt
.
and
so
19.
H.
6.
in
a
trespas
of
battery
the
def.
said
that
the
plaintife
did
assault
him
at
an
other
time
,
then
he
hath
declared
,
&
that
the
hurt
which
was
done
vnto
him
came
of
his
own
wrong
,
sans
ceo
that
he
was
Culp̄
before
or
after
,
&
this
ple
he
was
enforced
to
pled
by
the
court
,
[
x
](A01292-e34980-b)
x
19.
H.
6.
47.
yet
in
some
case
the
day
and
time
for
auoiding
vncertainty
,
and
that
the
Iurie
may
more
easily
find
out
the
truth
is
issuable
,
&
therefore
in
an
action
of
trespas
supposing
a
batterie
,
the
defendant
said
,
that
the
same
day
,
wherein
the
trespas
was
supposed
,
the
plaintif
and
the
defendant
by
common
accorde
did
play
together
at
cudgels
,
and
the
hurte
which
he
did
vnto
him
was
by
that
play
,
without
that
,
that
he
hurt
him
in
any
other
maner
,
iudgment
si
action
:
To
which
the
plaintife
replyed
,
that
the
same
day
when
they
were
departed
,
the
defendant
came
vnto
him
and
assaulted
him
and
beate
him
of
his
owne
wronge
,
and
the
defendant
reioined
that
all
the
day
and
at
euerie
time
of
the
day
by
their
common
accorde
they
played
together
,
without
that
that
he
beate
him
in
other
maner
,
[
a
](A01292-e34990-b)
a
12.
R.
2.
Barr̄
244.
And
so
in
a
repleuin
of
his
beastes
wrongfully
taken
,
the
first
day
of
August
the
defendant
auowed
,
because
the
plaintife
helde
the
lande
&c.
of
him
by
homage
and
fealtie
and
suit
at
his
Court
at
such
a
place
,
and
because
he
was
summoned
to
bee
at
his
Court
the
fifth
day
of
the
said
moneth
and
yeare
,
and
did
not
come
he
was
amerced
,
and
for
the
sayd
amerciament
hee
tooke
the
beastes
the
twenteth
day
of
August
,
without
that
,
that
he
tooke
them
the
first
day
of
August
,
and
it
was
sayd
by
Markeham
that
this
was
no
plea
:
for
if
you
toke
them
at
an
other
day
before
the
presentment
it
is
wrongful
,
wherefore
you
ought
to
say
without
that
that
you
tooke
the
beastes
before
the
twentith
day
:
but
issue
was
in
this
case
taken
,
without
that
he
tooke
them
the
first
day
of
August
,
[
b
](A01292-e35010-b)
b
20.
H.
6.
40.
whereupon
Master
Fitzherbert
noteth
,
that
the
day
in
a
writte
of
Trespasse
or
Repleuin
is
not
trauersable
,
but
where
the
speciall
matter
doth
require
it
,
[
c
](A01292-e35030-b)
c
Fitz.
Repl.
7.
and
this
he
seemeth
to
ground
vpon
2.
H.
4.
likewise
in
an
action
of
trespasse
for
the
taking
of
goods
the
8.
day
of
Aprill
the
defendant
said
that
the
plaintife
was
possessed
of
them
as
his
proper
goods
and
chattels
,
and
solde
them
to
such
a
one
who
left
them
in
the
custodie
of
the
plaintife
,
and
after
he
solde
them
to
the
defendant
,
wherefore
he
tooke
them
at
the
time
time
supposed
,
to
which
the
plaintife
replyed
,
that
he
was
possessed
of
them
vntil
the
defendant
took
them
the
8.
day
of
April
as
before
hath
bin
alleaged
,
sans
ceo
that
the
other
solde
them
to
the
defendant
before
that
day
,
and
hereupon
they
were
at
issue
.
[
d
](A01292-e35050-b)
d
2.
E.
4.
16.
Nomomas
.
Well
let
this
matter
passe
,
what
say
you
to
the
multitude
of
wordes
vsed
in
the
description
of
the
wrong
?
is
that
the
tollerable
in
your
Law
?
Anglonomoph
.
Surely
it
is
conuenient
that
the
12
Anglo
.
Excuseth
and
defendeth
the
abundance
of
words
in
declarations
and
libels
.
qualitie
of
euery
thing
should
be
apparanted
by
termes
of
efficacie
,
&
it
is
better
to
haue
a
declaration
too
copious
then
carion-leane
,
neither
is
any
thing
more
plausible
to
a
good
vnderstanding
,
then
that
words
be
ponderous
and
emphaticall
,
where
the
matter
seemeth
to
bleed
,
wherefore
Virgill
in
describing
the
loftie
pace
of
the
lusty
and
couragious
horses
,
maketh
his
verse
after
a
sort
to
gallop
,
and
doth
in
liuely
termes
as
it
were
present
it
to
the
eye
,
Quadrupedante
putrem
cursu
quatit
vngula
campum
.
And
Persius
decently
maketh
his
verse
to
rise
and
swell
with
the
matter
.
Torua
Mimalloneis
inflarunt
cornua
bombis
.
But
not
to
digresse
from
our
purpose
,
in
an
appeale
of
mayhem
the
wrong
must
be
in
this
forme
,
or
the
like
set
downe
.
Iohannes
Nan
propria
persona
sua
hic
instanter
appellat
W.
G.
de
eo
,
quòd
cum
idem
querens
tali
die
et
anno
fuit
in
pace
dei
&
dominae
Reginae
nunc
apud
talem
villam
in
tali
comitatu
circa
horam
sextam
&c.
ibi
venit
predictus
W.
vi
&
armis
viz.
baculis
vt
felo
,
insidiando
,
et
ex
insultu
premeditato
adtunc
&
ibidem
in
dictum
Io.
insultum
fecit
&
adtunc
&
ibidem
cum
quodam
baculo
pretij
&c.
quem
praedictus
W.
adtunc
&
ibidem
in
manibus
suis
tenuit
,
praedictum
querentem
super
brachium
dextrum
felonice
tunc
percussit
,
per
quod
venae
&
nerui
brachij
sui
praedicti
restricti
fuerunt
ac
sicct
&
mortificati
deuenerunt
&c.
[
e
](A01292-e35210-b)
e
Lib.
de
diuersit
des
Courts
115.
Here
you
haue
the
Mayhem
described
from
the
beginning
to
the
end
in
ful
termes
:
and
yet
euery
of
them
,
or
at
least
almost
all
,
so
necessarie
,
that
if
you
take
away
one
of
these
flowres
ye
marre
the
whole
garland
,
and
so
in
a
writ
of
trespasse
for
the
hurting
of
his
sheepe
(
though
briefes
be
shorte
comprehensions
of
things
)
the
wronge
is
fully
set
downe
in
this
sort
,
Quare
vi
&
armis
centūoues
ipsius
A.
apud
T.
inuentas
cum
quibusdam
canibus
fugauit
,
canes
illos
ad
mordendum
oues
praedictas
intantùm
incitando
quod
per
fugationem
illam
&
morsus
canum
praedictorum
oues
praedictae
multipliciter
deterioratae
fuerunt
&
magna
pars
ouium
illarum
faetus
abortiuos
fecit
.
[
f
](A01292-e35230-b)
f
Fitz.
na.
br.
89.
L.
Nomom
.
Wel
what
say
you
to
these
words
(
animo
iniurioso
)
whether
are
they
needles
or
not
.
Anglonomoph
.
These
words
carry
sense
in
their
foreheads
:
for
they
amount
to
as
much
as
malitiose
in
our
Law
and
that
ought
to
be
set
downe
to
distinguishe
it
from
iocose
as
Codicgn
.
hah
before
verie
well
reasoned
:
and
when
the
action
soundeth
to
malice
,
the
worde
malitiose
or
the
like
in
substance
is
to
be
vsed
,
as
well
as
when
the
action
soundeth
to
deceite
,
the
worde
fraudlenter
or
some
equiuolent
tearme
is
of
necessitie
to
bee
expressed
.
Nomomat
.
Of
these
matters
then
I
know
what
to
thinke
,
and
will
moue
no
other
doubt
or
question
of
them
:
Now
Anglonomoph
.
because
I
think
at
the
common
law
an
action
vpon
the
case
conceiued
vpon
a
slander
doth
most
resemble
this
action
of
iniury
before
discribed
,
let
me
therfore
know
the
forme
of
the
declaration
,
which
is
fit
for
that
action
.
Anglonomoph
.
You
haue
conceiued
in
this
a
Nomomath
.
These
two
proceedings
doe
little
differre
in
substance
,
&
there
is
in
them
me
thinketh
great
redundancie
of
wordes
,
which
might
wel
be
spared
,
but
tell
me
I
pray
you
is
there
such
necessity
of
these
formall
termes
,
that
if
they
be
wanting
or
changed
,
the
declaration
,
or
proceeding
shall
abate
?
Codicgn.
Surely
,
because
the
tedious
and
odious
[
g
](A01292-e35540-b)
g
In
rubr
:
&
nigr
:
C.
de
form
:
&
impetrat
:
action
:
Iublat
:
Anglono
.
Vpon
like
consideration
&
to
the
very
[
h
](A01292-e35590-b)
h
13.
H.
7.
21.
but
whereas
a
writte
of
debt
was
brought
per
Iohannem
Gargraue
Esquire
,
and
the
obligation
was
Ioan
Gargraue
onely
,
this
was
not
amended
,
but
abated
,
because
this
misprision
came
of
the
plaintifes
part
,
Quaere
tamen
,
but
8.
E.
4.
and
11.
E.
4.
if
an
action
of
debt
the
Clarke
of
the
Chauncerie
haue
the
obligation
with
him
at
the
time
of
the
making
of
the
writte
,
and
there
be
variance
betweene
the
writte
and
the
obligation
,
it
is
clerely
amendable
,
but
if
no
addition
bee
giuen
to
the
defendant
,
that
is
not
amendable
,
[
i
](A01292-e35630-b)
i
8.
E.
4.
4.
11.
E.
4.
2.
and
22.
Ed.
4.
if
an
action
of
debt
bee
brought
against
executors
of
the
debt
of
the
testator
,
if
the
writ
be
in
the
Debet
and
Detinet
,
it
is
not
amendable
,
[
k
](A01292-e35660-b)
k
22.
E.
4.
21.
per
Cur.
and
in
a
writte
of
Audita
querela
the
surname
of
the
defendant
was
Langawaite
,
and
in
the
Indenture
of
Defeasance
his
name
was
Langwaite
without
the
letter
(
a
)
in
the
middest
,
whereuppon
the
writ
was
amended
by
statute
,
because
that
was
not
of
the
substance
of
the
name
,
or
surname
,
and
also
it
was
to
bee
intended
that
the
Clarke
had
the
Indenture
of
Defeasance
at
the
time
of
the
making
of
the
writte
,
[
l
](A01292-e35680-b)
l
21
H.
6.
8.
and
so
in
an
action
of
debt
,
where
the
writte
was
Hille
,
and
the
Obligation
was
Hulle
,
the
writte
was
amended
,
[
m
](A01292-e35690-b)
m
22.
H.
6.
Amendm̄t
31.
37.
H.
6.
32.
and
where
more
was
in
the
Obligation
then
in
the
writte
,
it
was
amended
,
[
n
](A01292-e35700-b)
n
19.
H.
6.
Amendm̄t
47.
but
41.
E.
3.
it
is
helde
by
Finch
.
that
a
writte
originall
shall
abate
for
default
of
forme
,
and
shall
not
bee
amended
in
the
Courtes
of
common
Lawe
,
for
though
it
be
pleadable
there
,
yet
(
as
Master
Statham
reasoneth
)
the
Chauncerie
is
an
other
Court
,
and
a
superiour
Court
:
[
o
](A01292-e35730-b)
o
Stath
.
ti●
Amend
20.
H.
6.
and
therefore
the
things
done
there
cannot
bealtered
in
Courts
of
common
Law
,
[
p
](A01292-e35740-b)
p
41.
E.
3.
14.
●
Finch
.
9.
H.
7.
16.
per
Vauis
.
&
2●
.
E.
4.
20.
and
for
the
more
ful
&
forcible
destruction
of
delayes
and
ambushes
in
pleading
,
it
is
by
the
common
Lawe
ruled
,
that
euerie
demurrer
vpon
a
plea
which
goeth
in
barre
,
and
to
the
disproofe
of
the
Title
is
peremptorie
:
and
thoughe
a
plea
in
Abatement
of
a
writte
bee
not
peremptorie
,
but
a
respondeat
vlterius
▪
yet
if
the
plea
in
Abatement
of
a
writte
bee
tryed
by
the
Cuntrie
,
this
is
doubtlesse
peremptorie
for
the
delay
of
the
partie
,
[
q
](A01292-e35760-b)
q
48.
E.
3.
10.
●
Finch
.
34.
H.
6.
8.
50.
E.
3.
20.
34.
H.
6.
37.
But
it
is
peremptorie
onely
against
the
tenant
or
defendant
,
not
against
the
plaintife
or
demaundant
,
for
he
is
still
at
large
.
[
r
](A01292-e35770-b)
r
5.
E.
4.
90.
2.
E.
4.
10.
Nomomath
.
Let
mee
interrupt
you
Anglonomoph
.
for
I
doe
verie
much
desire
to
heare
of
you
and
Codicgnostes
,
the
fourmes
of
the
defences
or
barres
,
which
the
defendants
are
to
make
against
these
declarations
,
before
recited
by
you
.
Codicgn.
I
will
make
knowne
vnto
you
the
most
common
and
vsuall
forme
of
pleading
in
barre
in
this
case
.
Vt
vobis
clarissimo
magnifico
Nomomat
.
This
barre
is
somewhat
longe
,
let
me
heare
the
forme
of
your
barre
Anglonomoph
.
which
I
hope
is
a
great
deale
shorter
.
Anglonomoph
.
It
is
so
,
if
you
will
haue
the
ordinary
plea
in
barre
which
comprehendeth
the
Nomomath
.
This
is
briefe
and
substantiall
,
but
now
what
is
to
be
done
according
to
the
order
of
your
proceeding
?
Codcign
.
Now
that
the
matter
is
growne
to
Anglonomoph
.
So
it
is
with
vs
:
for
the
cause
in
facto
,
are
to
bee
directed
by
the
testimonie
and
euidence
of
witnesses
.
Nonomath
.
Well
if
the
defendant
happen
to
be
found
not
guiltie
,
what
is
then
the
iudgement
vpon
these
precedents
.
Codicgn.
It
is
thus
:
Et
nos
Seneschallus
praedictus
Anglonomoph
.
Our
forme
of
iudgement
is
a
great
deale
shorter
,
for
it
runneth
thus
:
Ideo
consideratum
Nomomath
.
Well
ye
haue
bin
long
in
handling
these
matters
of
formal
proceeding
,
wherefore
I
wil
aske
you
of
this
,
but
one
question
more
,
and
then
will
passe
ouer
to
intreate
somewhat
of
common
trespasses
&
wrongs
,
resolue
me
first
in
this
,
whether
may
the
executor
of
the
testator
that
Codicgn.
It
neither
lieth
for
the
executor
of
[
a
](A01292-e36370-b)
a
Insti
.
de
iniu●
.
§.
non
omnes
.
&
§.
penales
ff.
de
miur
.
●miuriarum
.
.
Anglonomoph
.
It
is
a
rule
with
vs
that
actio
personalis
actio
personal●
moritur
cum
persona
.
vnlesse
it
be
in
some
speciall
cases
.
moritur
cum
persona
:
yet
this
is
not
generally
and
indefinitely
to
be
admitted
,
but
onely
in
such
case
,
where
the
wrong
did
principally
&
immediatly
rest
vpon
a
mans
person
,
&
when
(
as
the
Ciuilians
say
)
it
is
ita
affixa
ostibus
vt
in
alium
transferri
non
possit
.
[
b
](A01292-e36460-b)
b
ff.
de
pecu
.
l.
si
quis
ergo
.
.
And
therefore
where
one
is
entitled
to
haue
a
writ
of
accompt
,
or
an
action
of
trespasse
for
the
taking
away
of
his
goods
,
and
is
attainted
of
treason
or
felony
,
the
Queene
shall
haue
these
actions
as
forfaited
to
her
highnes
[
c
](A01292-e36470-b)
c
30.
H.
6.
5.
28.
E.
3.
92.
,
but
otherwise
it
is
of
a
trespasse
of
batterie
[
d
](A01292-e36480-b)
d
Stamf.
fol.
188.
,
and
so
it
hath
bene
pronounced
for
law
,
that
if
a
termor
make
wast
,
&
after
he
maketh
his
executors
and
dieth
,
the
action
of
waste
is
gone
,
for
it
lieth
not
against
his
executors
[
e
](A01292-e36490-b)
e
23.
H.
8.
Br.
Waste
138.
46.
E.
3.
31.
,
but
though
a
couenant
bee
a
thing
merely
personal
,
yet
both
an
executor
&
an
administrator
may
haue
a
writ
of
couenant
[
f
](A01292-e36500-b)
f
Fitzh
.
N.
B.
146.
D.
2.
Mari.
112.
Dy.
.
The
eleuenth
Dialogue
of
common
wrongs
and
Trespasses
.
NOmomath
.
Now
that
ye
must
treate
of
Codicg
.
Iniurie
as
we
say
is
two
folde
,
for
either
[
a
](A01292-e36650-b)
a
L.
1.
ff.
de
iniut●●s
.
.
Nomomath
.
I
pray
you
Anglonomophylax
illustrate
and
explaine
the
members
of
this
diuision
by
some
conuenient
cases
.
Anglonomoph
.
Very
willingly
,
and
to
beginne
[
b
](A01292-e36740-b)
b
22.
Assis
.
pl.
60.
,
and
43.
E.
3.
the
writte
was
Quare
insultum
fecit
vulnerauit
,
verberauit
&
maihemauit
,
and
it
was
allowed
though
the
wrong
did
sound
to
be
mayhem
[
c
](A01292-e36760-b)
c
43.
Assis.
39.
,
and
as
it
was
held
per
Curiam
,
where
a
man
maketh
an
assault
it
is
not
lawfull
for
any
to
beate
him
,
if
the
partie
assaulted
may
escape
with
his
life
[
d
](A01292-e36780-b)
d
2.
H.
4.
8.
,
yet
the
opinion
of
M.
Brooke
is
that
he
may
beate
him
if
he
cannot
otherwise
escape
without
stripes
or
wounds
or
mayming
[
e
](A01292-e36800-b)
e
Br.
Trespasse
71.
,
yet
the
opinion
of
9.
E.
4.
is
,
that
I
may
beate
a
man
if
he
will
take
my
goods
from
me
:
and
a
seruant
may
iustifie
a
batterie
in
the
defence
of
his
maister
[
f
](A01292-e36810-b)
f
9.
E.
4.
28.
&
48.
,
but
the
assembling
of
people
in
a
warlike
manner
is
no
assault
,
but
he
that
is
the
ringleader
of
such
assemblies
,
before
hee
may
be
impeached
of
assault
must
doe
something
els
,
as
namely
by
vttering
contumelious
speeches
,
or
stretching
out
his
armes
,
or
some
other
token
whereby
his
intent
may
be
knowen
[
g
](A01292-e36820-b)
g
17.
E.
4.
4.
,
and
he
that
commeth
in
companie
of
them
that
make
the
assault
,
or
hee
which
commeth
to
ayd
them
,
is
a
principal
trespassor
[
h
](A01292-e36830-b)
h
22.
Assis
.
pl.
43.
,
and
if
a
Iustice
of
Peace
see
a
man
doing
an
assault
,
he
may
presently
arrest
him
by
commandement
or
worde
,
to
the
intent
that
he
may
finde
suretie
of
the
peace
[
i
](A01292-e36840-b)
i
9.
E.
4.
3.
,
and
it
is
lawfull
for
one
man
to
beate
an
other
in
defense
of
his
goods
and
chattels
or
of
his
wife
[
k
](A01292-e36850-b)
k
19.
H.
6.
31.
35.
H.
6.
51.
,
and
a
man
may
likewise
haue
an
action
of
trespasse
for
the
entring
into
his
house
[
l
](A01292-e36860-b)
l
Fitzh
.
N.
B.
88.
l.
,
but
if
a
man
licence
one
to
come
into
his
house
,
&
he
doth
a
trespasse
there
he
shal
be
punished
for
the
trespasse
but
not
for
the
entre
which
was
graunted
vnto
him
[
m
](A01292-e36870-b)
m
3.
H.
7.
15.
p
Townes
.
,
and
nothing
[
n
](A01292-e36890-b)
n
6.
E.
6.
72.
Dy.
,
or
if
one
say
to
an
other
that
he
is
infected
of
the
robberie
and
murder
lately
committed
and
smelles
of
the
murder
,
an
action
vpon
the
case
will
lie
for
these
wordes
[
o
](A01292-e36900-b)
o
15.
Elizab.
317.
Dy.
,
and
the
Duke
of
Buckingham
brought
an
action
de
scandalis
magnatum
against
one
Lucas
,
because
he
said
that
the
said
Duke
had
no
more
conscience
than
a
dogge
,
and
so
he
had
goods
he
cared
not
how
he
came
by
them
[
p
](A01292-e36930-b)
p
4.
H.
8.
rotul
.
659.
,
infinite
other
cases
might
be
brought
tending
to
this
purpose
.
Nomomath
.
I
wil
trouble
you
no
further
herein
,
Codicgn.
They
may
,
and
the
Praetors
edict
in
our
Law
to
that
intent
is
very
manifest
and
notorious
[
q
](A01292-e37030-b)
q
L.
1.
ff.
de
iniur
:
.
Anglonomoph
.
To
that
our
law
accordeth
:
and
first
to
shew
,
that
the
husband
may
haue
an
action
[
r
](A01292-e37100-b)
r
Fitzh
.
N.
B.
52.
K.
,
that
the
suit
for
the
taking
of
the
woman
onely
,
without
mentioning
any
other
thing
in
the
writ
,
is
maintenable
at
the
Common
lawe
,
howbeit
he
putteth
this
case
,
that
if
a
man
sue
in
court
Christian
for
the
taking
and
deteining
of
his
wife
,
which
was
lawfully
maried
to
him
,
if
the
other
sue
a
prohibition
hereupon
,
hee
may
haue
a
consultation
quatenus
pro
restitutione
vxoris
suae
duntaxat
prosequitur
[
s
](A01292-e37120-b)
s
Fitzh
.
ibid.
,
and
if
the
woman
do
lie
asunder
from
her
husband
the
suit
will
lie
in
the
spiritual
Court
to
haue
againe
the
fellowship
of
mariage
and
to
dwell
together
as
may
appeare
by
these
wordes
of
the
statute
[
t
](A01292-e37130-b)
t
D.
Cosins
in
li.
de
iurisdict
.
ecclesiastic
.
:
(
vnlesse
he
wil
receiue
her
without
ecclesiastical
compulsion
[
u
](A01292-e37140-b)
u
13.
E.
1.
c.
34
Westminst.
2.
)
but
where
a
man
bringeth
an
action
at
the
common
Law
de
muliere
abducta
cum
bonis
viri
:
he
must
be
sure
that
his
wife
hath
atteined
to
age
of
consent
,
&
that
she
hath
actually
consented
to
the
mariage
:
for
where
a
man
marrieth
a
wife
before
she
be
of
the
age
of
12.
yeares
,
&
after
she
commeth
to
the
age
of
12.
yeares
,
&
before
she
assent
or
disassent
one
taketh
or
carieth
her
away
,
the
husband
in
this
case
cannot
haue
a
writ
of
trespasse
cum
muliere
abducta
cum
bonis
viri
by
some
authority
,
because
it
is
not
properly
a
mariage
till
she
assent
[
x
](A01292-e37170-b)
x
47.
E.
3.
Br.
Trespasse
420.
:
yet
M.
Brooke
doubteth
hereof
&
rather
thinketh
vpon
very
good
reason
the
contrary
,
because
it
shall
be
intended
a
good
mariage
vntill
the
woman
do
disassent
[
a
](A01292-e37190-b)
a
Brooke
ibid.
:
but
where
the
mariage
is
complete
,
&
without
all
daunger
of
contradiction
,
though
the
wife
be
dead
or
diuorced
at
the
time
of
the
action
brought
,
yet
the
action
is
maintenable
for
the
husband
[
b
](A01292-e37200-b)
b
43.
E.
3.
22.
,
but
the
worde
(
rapuit
)
must
be
in
the
writ
as
well
as
the
word
(
abduxit
)
and
therefore
it
will
not
lie
against
a
woman
,
because
one
woman
cannot
rauish
an
other
[
c
](A01292-e37230-b)
c
43.
E.
3.
23.
,
and
if
a
man
do
carie
[
d
](A01292-e37250-b)
d
1.
E.
4.
1.
,
for
it
is
vi
&
armis
,
and
as
to
the
bringing
of
an
action
by
the
maister
for
some
hurt
done
to
his
seruant
,
it
is
frequent
in
our
bookes
:
for
by
the
beating
,
or
maiming
or
wounding
of
the
seruant
,
the
maister
hath
the
losse
of
his
seruice
[
e
](A01292-e37270-b)
e
3.
H.
6.
53.
:
&
therefore
if
any
man
take
the
seruant
of
an
other
man
out
of
his
seruice
,
an
action
of
trespas
wil
lieagainst
him
that
taketh
him
[
f
](A01292-e37280-b)
f
39.
E.
3
38.
Fitzh
.
N.
B
91.
I.
21.
H.
6.
31.
,
but
if
a
man
find
an
other
mans
seruant
wandring
abroad
,
and
reteyne
him
,
this
is
lawfull
,
if
he
knew
nothing
of
the
fist
reteiner
.
But
though
by
the
common
law
an
action
of
trespasse
quare
vi
&
armis
did
lie
against
him
that
tooke
an
other
mans
seruant
out
of
his
seruice
:
yet
if
he
did
only
procure
him
to
go
out
of
seruice
,
&
then
reteined
him
,
the
maister
could
haue
had
by
the
Common
law
no
action
,
but
only
an
action
vpon
the
case
,
but
now
by
parliament
an
action
is
giuen
vpon
the
statute
of
labourers
[
g
](A01292-e37320-b)
g
11.
H.
4.
23.
Br.
Trespasse
.
92.
:
Lastly
it
is
plaine
by
our
law
,
that
the
cuius
maritagium
ad
ipsum
pertinet
:
for
this
writte
is
giuen
vnto
the
father
,
because
the
mariage
of
his
sonne
and
heire
or
of
his
daughter
and
heire
doth
of
right
appertaine
vnto
him
,
and
if
the
father
haue
maried
his
heire
before
,
so
that
he
hath
once
enioyed
the
fruite
and
benefite
of
the
mariage
,
which
the
law
allotted
vnto
him
,
he
shall
not
haue
this
writte
[
h
](A01292-e37350-b)
h
12.
H.
4.
16.
8.
E.
2.
Trespas
235.
32.
E.
3.
Garde
.
32.
,
and
if
a
man
take
away
an
other
mans
sonne
and
heire
apparant
and
bestow
vpon
him
good
apparell
,
and
the
father
seiseth
his
sonne
as
he
lawfully
may
,
he
shall
not
be
impeached
for
the
taking
of
the
apparell
;
for
in
that
he
may
make
a
good
iustification
for
the
taking
of
the
body
,
the
iustification
must
needs
extend
to
the
apparell
of
the
bodie
,
because
the
law
considereth
not
bare
and
elementall
bodies
,
but
bodies
apparelled
:
And
Haukf
.
with
others
resoneth
well
,
that
if
a
man
put
an
other
into
apparell
,
and
speaketh
nothing
of
the
loane
of
it
,
neither
by
expresse
acte
reserueth
the
propertie
to
himselfe
,
this
is
a
gift
in
law
:
and
if
an
aduowterer
do
take
a
woman
from
her
husband
,
and
apparelleth
her
with
good
attire
,
the
husband
may
take
the
wife
againe
,
and
with
her
the
apparell
[
i
](A01292-e37370-b)
i
11.
H.
4.
31.
Br.
Trespas
93.
,
and
as
the
father
may
haue
this
remedie
for
his
sonne
&
heire
apparant
,
so
may
the
mother
,
likewise
if
shee
be
an
inheritrix
[
k
](A01292-e37380-b)
k
30.
E.
3
:
Brief
300.
:
so
that
I
meruaile
at
M.
Catesbies
opinion
9.
E.
4.
that
this
writte
lieth
not
for
the
wife
[
l
](A01292-e37400-b)
l
9.
E.
4.
53.
.
Nomomath
.
I
will
require
no
more
at
your
hands
Anglonomoph
.
of
this
matter
,
now
I
pray
you
Codicgnostes
resolue
me
in
this
,
whether
when
any
mans
beasts
do
any
hurt
vnto
an
other
man
,
if
this
be
not
done
by
the
owners
acte
,
default
,
or
procurement
,
shall
the
maister
make
good
the
dammage
susteined
by
such
wrong
.
Codicgn.
Surely
brute
beastes
,
because
they
[
m
](A01292-e37520-b)
m
L.
1.
ff.
si
quadrup
:
paup
:
fec
:
dic
.
,
and
therfore
if
any
man
do
keepe
or
nourish
a
Mastife
,
or
Boare
,
or
Foxe
,
or
Beare
,
or
Lion
or
Wolfe
,
or
some
like
beast
which
doth
hurt
or
damnifie
an
other
man
,
he
that
receiueth
the
hurt
shall
recouer
dammages
against
the
owner
of
the
beast
[
n
](A01292-e37530-b)
n
§.
Caeterùm
Instit.
si
quadru
:
pauperiem
fecisse
dicatur
.
,
but
if
such
a
beast
do
escape
away
from
me
,
[
o
](A01292-e37550-b)
o
d.
l.
1.
§.
in
bestijs
&
§.
Caeterù●
,
versic.
Denique
si
vrsus
.
.
Anglonomoph
.
To
this
our
Lawe
agreeth
:
for
we
haue
a
writ
of
Trespasse
which
saith
,
Quare
vi
&
armis
centum
oues
ipsius
A.
cum
quibusdam
canibus
fugauit
canes
illos
ad
mordendum
oues
praedictas
intantùm
incitando
quòd
per
fugationem
illam
&
morsus
canum
praedictorum
oues
praedictae
multiplititer
deterioratae
fuerunt
&
magna
pars
ouium
illarum
faetus
abortiuos
fecit
&c.
per
quod
[
p
](A01292-e37620-b)
p
Fitzh
.
N.
B.
89.
L.
But
if
a
Dogge
doe
kill
or
hurte
any
mans
beastes
,
the
Maister
being
ignorant
of
his
mischieuous
property
,
he
is
not
punishable
[
q
](A01292-e37630-b)
q
28.
H.
8.
25.
Dy.
&
29.
Dy.
,
wherby
I
gather
that
if
hee
know
of
his
propertie
(
though
he
do
not
set
on
his
dogge
or
mainteine
him
to
doe
hurt
to
others
)
hee
shall
be
punished
by
action
of
trespasse
,
and
if
a
man
doe
driue
his
beastes
thorough
the
Queenes
highe
way
,
to
which
way
my
land
that
is
sowne
with
corne
is
adioining
,
and
the
beasts
doe
enter
&
spoile
my
corne
,
the
owner
shall
bee
punished
for
this
,
though
hee
did
driue
them
out
presently
,
or
earnestly
endeuour
to
chase
them
out
of
the
corne
[
r
](A01292-e37640-b)
r
10.
E.
4.
7.
,
so
if
a
man
chase
his
beastes
in
the
highe
way
,
and
they
doe
escape
into
land
,
which
is
not
inclosed
,
ond
the
owner
doth
freshly
pursue
them
,
and
chaseth
them
out
,
yet
this
is
no
good
plea
in
barre
without
shewing
that
the
tenant
of
the
lande
,
and
all
those
whose
estate
hee
hath
in
the
lande
,
haue
vsed
to
inclose
the
said
land
toward
the
high
way
[
s
](A01292-e37650-b)
s
15.
H.
7.
17.
.
Nomomath
.
I
craue
no
more
of
this
matter
:
now
I
would
haue
you
to
transferre
your
inuention
to
the
discourse
of
other
offences
against
the
peace
,
which
I
doe
thus
dispose
and
distribute
to
your
handling
:
because
all
offences
against
the
peace
are
either
in
an
inferior
degree
,
as
these
whereof
ye
haue
lastly
spoken
,
or
in
a
middle
degree
,
as
vnlawfull
assemblies
,
riots
,
routes
,
and
forcible
entres
,
or
in
a
higher
degree
,
and
they
be
of
three
sortes
,
namely
such
as
be
committed
against
the
dignitie
of
man
as
treason
and
rebellion
:
or
against
the
life
of
man
,
as
murder
,
manslaughter
,
and
homicide
by
chaunce
,
or
against
the
good
estate
of
man
,
as
thefte
,
burglarie
and
robberie
:
I
would
therefore
haue
you
first
to
begin
to
treate
of
vnlawfull
assemblies
,
riots
&c.
and
then
to
goe
on
with
the
rest
,
accordinglie
as
I
haue
set
them
downe
.
Codignostes
,
Canonologus
,
Anglonomophylax
,
we
are
willing
to
pleasure
you
in
anie
thing
that
we
can
,
and
as
you
propose
doubtes
of
euerie
of
these
titles
seuerallie
,
we
will
endeuour
to
satisfie
and
resolue
you
to
our
power
.
The
thirtenth
Dialogue
of
Treason
and
Rebellion
.
NOmomath
.
Let
me
know
Codicgnostes
,
before
we
enter
into
particuler
Codicgn.
It
is
true
:
and
first
I
will
shew
how
aptly
you
haue
tearmed
this
offence
to
bee
a
crime
or
fault
against
the
dignitie
of
man
:
for
as
nothing
should
more
debase
mans
nature
,
than
if
against
man
,
whom
God
hath
made
little
inferiour
to
the
Angels
,
whom
he
hath
crowned
with
glorie
&
worship
,
whom
he
hath
made
Lord
of
the
workes
of
his
hands
,
and
hath
put
all
things
vnder
his
feete
:
[
a
](A01292-e38560-b)
a
Psal.
8.
ver.
6.
7.
8.
9.
If
I
say
against
him
the
beastes
of
the
fielde
should
rage
and
rebell
,
as
it
happened
in
Roome
,
when
as
a
preamble
of
the
fatall
confusion
of
that
Citie
,
all
the
beastes
subiecte
and
necessarie
to
mans
vse
,
namely
dogges
,
horses
,
asses
,
oxen
,
&c.
would
not
suffer
their
Masters
to
touche
them
,
or
come
neare
them
without
destruction
and
perill
:
[
b
](A01292-e38570-b)
b
Orosi
:
lib.
5.
Iuli
:
Obsequens
in
lib.
de
prodit
D.
Augustin
:
lib.
3.
de
ciuitat
:
dei
c.
23.
so
surely
when
they
,
who
are
in
subiection
to
a
Prince
or
monarche
,
doe
violently
and
mutinously
breake
the
bonde
of
obedience
and
loyaltie
,
and
will
doe
as
they
list
,
and
thereupon
rebell
,
and
trecherously
conspire
against
the
life
of
their
Prince
,
this
is
against
the
dignitie
of
man
,
who
being
Lorde
of
brutishe
creatures
,
doth
imitate
them
,
and
becommeth
as
wilde
and
sauage
and
disobedient
as
they
.
Now
I
will
call
to
remembrance
,
how
this
disloyaltie
or
trecherie
in
the
highest
degree
,
hath
in
other
ages
receiued
censure
and
punishment
.
Traytors
[
c
](A01292-e38590-b)
c
Dionis
.
Halicarnass
.
tit:
2.
&
8.
somtime
they
were
throwne
headlong
downe
a
rocke
,
as
Cassius
:
sometime
hanged
,
as
Lentulus
and
others
of
Catilines
seditious
societie
,
or
by
some
speciall
kind
of
infamous
death
executed
,
as
Suetonius
reporteth
,
[
d
](A01292-e38600-b)
d
Sueton
:
in
Neron
:
c.
49.
and
they
which
conspired
against
Augustus
,
when
he
was
newly
come
to
the
Empire
,
bore
the
smart
of
their
treacherous
designements
,
and
were
seuerely
punished
for
the
imagination
of
that
heinous
mischiefe
.
[
e
](A01292-e38610-b)
e
Dio
Nicae
:
in
August
:
This
Iustice
of
the
heathens
is
iustified
by
diuine
authoritie
.
Non
mittam
manum
meam
in
vnctum
domini
.
[
f
](A01292-e38630-b)
f
1.
Reg.
c.
24
Quare
non
timuisti
mittere
manum
tuam
vt
occideres
vnctum
domini
:
[
g
](A01292-e38650-b)
g
2.
Reg.
c.
1.
for
surely
the
maiestie
of
a
Prince
offended
and
hurt
,
doth
require
a
deepe
reuenge
:
and
if
Nemesis
,
that
is
Reuenge
it selfe
,
doe
take
sharpe
punishment
of
those
which
offer
any
violence
to
the
person
of
an
Embassador
,
[
h
](A01292-e38660-b)
h
Appian●in
select
:
representing
a
Prince
or
monarche
;
with
what
extremitye
of
payne
are
they
to
bee
tortured
,
which
imagin
or
goe
about
to
compasse
the
death
and
downefall
of
their
liege
and
dread
soueraigne
:
Wherefore
worthily
doth
the
excellent
Lawier
out
of
the
Code
applye
these
titles
of
Maiestie
vnto
kings
&
Monarches
:
Celeste
oraculum
,
diuinitas
,
Eternitas
,
Eternales
vultus
.
[
hh
](A01292-e38680-b)
hh
Alber●c
:
Gentilis
lib.
2.
lection
:
&
epistolar
:
c.
14.
Maiestie
therefore
,
which
by
some
is
said
to
be
the
daughter
of
honor
&
reuerence
,
ought
alwaies
,
and
in
al
things
to
be
respected
with
honor
&
reuerence
.
Nomom
.
Shew
me
I
pray
you
what
may
properly
Codicgn.
It
is
treason
when
any
thing
is
sediciously
attempted
against
the
Prince
or
common
weale
:
Likewise
to
help
the
enemies
of
the
king
,
or
common
weale
with
munition
,
money
or
counsail
,
likewise
to
take
any
castles
,
fortresses
or
holds
against
the
king
or
common
weale
:
also
to
suffer
him
to
goe
out
of
prison
who
is
accused
of
this
fault
,
and
he
that
coineth
or
causeth
false
mony
,
[
i
](A01292-e38770-b)
i
l.
1.
2.
3.
&
4.
ff.
ad
l.
Iul:
maiest
:
&
l.
quisquis
C.
eo
:
&
C.
de
fals.
monet
:
l.
pen
:
which
may
be
committed
diuerse
waies
.
I.
When
he
coineth
money
,
which
hath
no
authority
to
[
k
](A01292-e38790-b)
k
l.
qui
falsam
.
l.
qui
nomine
&
l.
lege
Cornelia
testam
:
ff.
ad
leg
:
Cor:
de
fals.
because
to
coine
or
forme
money
ad
regalia
pertinet
,
[
l
](A01292-e38810-b)
l
C.
vnico
,
quae
sunt
regalia
in
vsib
:
f●ud
:
l.
2.
§.
de
inde
cum
aeratium
ff.
de
origaur
:
2.
When
money
is
coined
in
an
vnlawful
&
disproportionable
matter
,
as
when
the
diuers
impressions
of
particuler
coines
of
siluer
and
gold
are
stamped
vpon
copper
,
brasse
or
tin
,
or
pewter
,
[
m
](A01292-e38820-b)
m
l.
1.
in
prin:
C.
de
fals.
monet
:
&
l.
quicumque
nummos
ff.
ad
l.
Corn
:
de
fals.
3.
When
one
that
hath
authority
or
licence
to
coine
mony
with
a
peculiar
impression
or
character
,
doth
vse
a
strange
and
vnlawful
stampe
of
his
owne
deuising
,
[
n
](A01292-e38830-b)
n
d.
l.
lege
Cornelia
testam
:
in
princ
:
4.
When
the
lawful
&
ordinarie
weight
of
the
coine
is
falsified
,
&
altered
by
one
that
hath
no
authority
to
alter
.
[
o
](A01292-e38840-b)
o
c.
quanto
de
iur●
iur
:
extra
.
&
l.
1.
de
veteris
numism
:
potest
.
C.
li.
11.
5.
To
vtter
or
cause
to
be
vttered
false
mony
knowing
[
p
](A01292-e38860-b)
p
l.
lege
Cornel
:
cauetur
.
ff.
de
fals.
In
all
which
cases
,
except
the
last
,
the
offenders
doe
suffer
punishment
of
death
,
some
of
them
being
burnt
by
fier
,
[
r
](A01292-e38870-b)
r
gloss
.
in
l.
2.
C.
de
fals
:
Moneta
:
sup
verb
:
flammarum
in
3.
solut.
ad
argum
:
l
:
1.
other
some
being
throwne
to
deuouring
beasts
,
[
s
](A01292-e38880-b)
s
l
:
quicunque
cum
sequent
:
ff:
ad
leg
:
Cor:
defal
:
&
their
goods
be
confiscated
,
[
t
](A01292-e38890-b)
t
l
:
si
quis
in
prine
:
C.
de
fal
:
mon:
but
he
which
vttereth
false
coine
is
punished
with
seruing
all
his
life
time
to
them
which
dig
in
mines
for
mettal
,
[
u
](A01292-e38900-b)
u
ff.
de
varijs
&
extra
or
:
crim
:
and
the
punishment
of
them
that
clippe
mony
is
by
our
law
capital
.
[
a
](A01292-e38910-b)
a
d.
l.
quicunque
ff.
ad
leg
:
Cor:
de
fals.
But
he
that
coineth
mony
with
the
impression
of
a
strange
prince
is
not
punished
with
a
natural
,
but
with
a
ciuill
death
:
for
he
is
punished
with
perpetual
exile
,
&
his
goods
are
confiscated
,
for
euery
Prince
of
euery
nation
and
kingedome
hath
his
seuerall
stampe
and
coine
,
and
so
they
had
in
auncient
times
:
the
Aetolians
did
giue
for
[
c
](A01292-e38940-b)
c
Pollux
.
Sophocles
interpres
.
Hadrian
:
Iunius
.
de
re
nummar
.
in
Nomen
:
clat
:
Anglonomoph
.
I
will
particularly
examine
all
the
precedent
matters
of
your
last
discourse
,
which
haue
any
resemblance
or
be
of
any
vse
in
our
Lawe
,
sithence
order
enforceth
me
to
speake
of
disorder
,
and
of
the
disloyal
,
and
seditious
,
and
traiterous
attemptes
against
the
person
of
the
prince
,
and
the
good
estate
of
the
common
weale
,
which
may
fully
appeare
by
a
statute
made
25.
E
:
3.
de
proditionibus
ca.
2.
and
likewise
by
the
common
Law
,
for
as
Thorpe
sayeth
22.
E.
3.
[
d
](A01292-e39000-b)
d
22.
E.
3.
p.
49
it
is
treason
[
dd
](A01292-e39020-b)
dd
1.
Mari.
Dy.
98.
Crom.
Iust.
P.
40.
And
D.
Storie
being
beyond
the
sea
,
and
practising
with
a
forreine
Prince
,
to
inuade
the
Realme
and
to
worke
the
death
of
our
dread
soueraigne
Lady
the
Queene
,
was
iustly
attainted
of
high
treason
,
[
e
](A01292-e39030-b)
e
13.
Eliz.
298.
Dyer
.
and
Sherleys
a
French
man
,
taking
with
Stafford
the
Castle
of
Scarborough
rebelliously
in
Yorkeshire
,
was
arraigned
in
the
Kinges
Bench
vpon
an
indictement
of
treason
,
which
was
contra
ligeantiam
suam
debitam
.
[
f
](A01292-e39050-b)
f
4.
Mari.
144.
Dyer
.
Nomom
.
It
seeme●h
to
me
that
these
wordes
should
onely
extende
to
lieges
,
and
subiects
.
Anglonomoph
.
Nay
they
doe
extend
to
any
one
[
ff
](A01292-e39130-b)
ff
4.
Mati
.
144
:
Dyer
.
[
g
](A01292-e39160-b)
g
Alberic
:
Gentil
.
lib
2.
de
Arm.
Rom.
c.
2.
And
againe
:
Innocentia
praestat
securitatem
.
[
h
](A01292-e39180-b)
h
Alb:
Gentil
:
lib.
1.
de
Arm
:
Rom:
c.
2.
And
therefore
the
Romanes
did
well
in
arraigning
Bomilcar
of
treason
,
who
being
a
straunger
conspired
against
their
state
:
[
i
](A01292-e39200-b)
i
Salust
:
in
Iugurth
.
But
it
is
true
which
before
I
sayd
,
that
if
warre
bee
betwixt
two
Kinges
,
as
namely
the
King
of
Fez
,
and
the
King
of
Polonia
,
if
the
king
of
Polonia
doe
in
his
owne
kingdome
take
prisoner
one
of
the
subiectes
of
the
King
of
Fez
working
mischiefe
against
him
,
this
is
lawfull
:
but
to
arraigne
him
or
put
him
to
death
is
vnlawfull
:
for
a
prisoner
so
taken
is
to
be
putte
to
his
raunsome
,
but
not
to
open
shame
as
a
traytor
:
and
therefore
the
Prophet
sayd
vnto
the
King
of
Israel
:
An
quos
captiuos
abduceres
,
gladio
tuo
&
arcu
tuo
eos
percuteres
?
Eliseus
by
a
wonderfull
miracle
did
make
the
Syrians
enemies
to
the
King
of
Israel
his
captiues
,
whom
the
King
woulde
haue
slaine
,
but
the
Prophet
did
forbid
him
by
this
argument
,
that
they
which
are
taken
in
warre
ought
not
to
bee
slaine
,
much
lesse
these
whom
God
had
giuen
vp
into
his
hands
.
[
k
](A01292-e39220-b)
k
4.
Reg.
c.
6.
Ioseph
.
9.
Ambrosi
:
1.
de
offic
:
29.
Cononol
.
Indeed
so
is
our
law
,
which
saith
,
Hostem
[
kk
](A01292-e39290-b)
kk
c.
3.
23.
q.
1.
and
this
Lawe
hath
beene
practised
of
the
Grecians
,
[
l
](A01292-e39300-b)
l
Plutar.
in
apoph
.
Romaines
,
[
m
](A01292-e39310-b)
m
Alex.
4.
gen.
7.
Thessalians
,
Illerians
,
Triballians
,
and
Bulgarians
,
[
n
](A01292-e39320-b)
n
Nic
Grego
.
lib
4.
6.
and
to
this
purpose
it
hath
bin
said
,
vendere
cum
possis
captiuum
,
occidere
noli
.
[
o
](A01292-e39340-b)
o
Horat.
ep.
ad
Quin.
Nomomat
.
I
haue
interrrupted
you
Anglonomo
.
But
I
pray
you
continue
that
course
which
you
propsed
to
your selfe
in
comparing
the
assertions
of
the
Ciuil
Law
touching
matters
of
treason
,
with
your
rules
of
common
Law
.
Anglonomoph
.
Whereas
he
hath
said
that
to
suffer
one
to
goe
out
of
prison
for
treason
which
is
impeached
for
that
crime
,
is
treason
:
that
is
also
agreable
to
our
Lawe
established
by
Statute
:
whereof
I
will
recite
the
wordes
:
de
prisonarijs
prisonam
frangentibus
dominus
rex
vult
&
precipit
,
quòd
nullus
de
cetero
qui
prisonam
fregerit
subeat
iudicium
vitae
vel
membrorum
pro
fractione
prisonae
tantùm
,
nisi
causa
pro
qua
captus
,
&
imprisonatus
fuerit
tale
iudicium
requirat
,
si
de
illa
secundum
legem
&
consuetudinem
terrae
fuisset
conuictus
:
[
p
](A01292-e39430-b)
p
1.
E.
1.
c.
2.
Rast.
Felony
2.
Nomomath
.
Doe
ye
then
accompt
euerie
suffesering
of
a
prisoner
to
eschape
,
to
be
a
breach
of
prison
?
Anglonomoph
.
Yea
,
for
if
a
man
arrest
one
for
[
q
](A01292-e39520-b)
q
Stamf.
lib.
1.
c.
26.
Nomomat
.
Well
,
I
pray
you
proceede
in
your
purpose
.
Anglonomoph
.
As
to
that
which
is
vttered
of
[
r
](A01292-e39620-b)
r
Bract
:
li.
2.
ti●
de
crim
:
laes
,
mai
:
Britton
,
[
s
](A01292-e39640-b)
s
Britt
.
fol.
16.
and
Glanuille
,
[
t
](A01292-e39660-b)
t
Glan
:
lib.
14.
and
the
aforesayd
Statute
of
25.
Edward
the
3.
maketh
it
treason
for
a
common
person
to
coine
the
kings
money
without
his
warrant
and
authentike
,
which
the
statut
calleth
Counterfaiting
:
&
wheras
the
statute
saith
(
the
kings
mony
)
it
must
be
intended
the
coine
of
this
Realme
or
the
dominions
of
it
:
[
u
](A01292-e39670-b)
u
Sramf
.
1.
lib.
1.
ca.
1.
and
this
worde
(
counterfeit
)
doth
import
,
that
if
a
man
doe
counterfait
the
Kings
money
,
though
he
doe
not
vtter
it
,
this
is
treason
:
[
w
](A01292-e39680-b)
w
6.
H.
7.
13.
1.
R.
3.
1.
and
the
forging
and
counterfaiting
of
coyne
of
another
Realme
is
made
treason
awel
as
the
counterfaiting
of
the
coyne
of
this
Realme
.
[
a
](A01292-e39690-b)
a
4.
H.
7.
c.
18.
1.
&
2.
Phi:
&
Ma:
ca.
11.
But
then
it
must
be
currant
by
proclamation
in
this
Realme
,
[
b
](A01292-e39700-b)
b
1.
M●r
:
c.
6.
Cromp
:
I
:
P
:
40.
and
as
to
the
clipping
of
money
heare
the
statute
of
5.
of
our
Soueraigne
Ladie
the
Queene
.
Be
it
enacted
,
&c.
that
after
the
first
day
of
May
next
comming
,
clipping
,
washing
,
rounding
or
filing
,
for
wicked
lucre
or
gaine
sake
of
any
the
proper
money
,
or
coyne
of
this
Realme
or
the
dominions
thereof
,
or
of
any
other
Realme
allowed
or
suffered
to
be
currant
within
this
realme
,
or
the
dominions
thereof
&c.
shal
be
taken
and
adiudged
to
be
treason
by
vertue
of
this
act
&c.
[
c
](A01292-e39710-b)
c
5.
Eliz.
c.
11.
Nomomat
.
I
pray
you
now
declare
the
forfaitures
and
punishments
of
these
seueral
treasons
.
Anglonomo
.
The
iudgment
of
him
that
is
conuicted
[
d
](A01292-e39790-b)
d
Stamf.
lib.
3.
ca.
19.
This
is
the
Iudgement
and
sentence
of
condempnation
of
a
man
,
but
of
a
woman
it
is
otherwise
,
namely
that
she
shall
be
drawne
on
a
hurdle
and
burnt
,
[
e
](A01292-e39800-b)
e
Stamf.
ibid
,
&
23.
lib.
Ass.
pl.
2.
Com̄
31
6
and
the
offendour
shall
forfait
his
goods
and
landes
to
the
King
of
whosoeuer
the
landes
are
holden
,
[
f
](A01292-e39810-b)
f
25.
E.
3.
c.
2.
Stamf.
ibid
▪
1.
H.
6.
5.
Stamf.
li.
2.
c.
37.
&c.
40.
&
lib.
3.
ca.
20.
4.
H.
7.
11.
per
Towns
.
but
hee
which
hath
estate
in
landes
for
terme
of
life
or
for
yeares
shall
forfaite
his
estate
onely
,
[
g
](A01292-e39820-b)
g
Stamf.
lib.
3.
c.
26.
and
by
the
statute
of
26.
H.
8.
ca
13.
and
5.
and
6.
Ed.
6.
ca.
11.
tenant
in
taile
shall
forfait
his
lande
if
he
offende
in
high
treason
,
but
no
man
shall
forfaite
lands
which
he
hath
in
the
right
of
an
other
,
as
in
the
right
of
his
wife
,
or
in
the
right
of
a
Church
,
[
h
](A01292-e39830-b)
h
5.
&
6.
E.
6.
ca.
11.
Stamf.
lib.
3.
c.
26.
and
with
the
lande
which
a
man
forfaiteth
,
he
shall
forfaite
his
●uidences
which
concerne
the
lande
,
[
i
](A01292-e39840-b)
i
49.
H.
6.
15.
and
if
a
man
leuie
warre
against
the
King
,
and
is
slaine
in
it
,
yet
his
lande
shall
be
forfaited
,
[
k
](A01292-e39850-b)
k
7.
H.
4.
27.
P
Mark
.
34.
E.
3.
c.
12.
39.
H
6.
c.
1.
Stamf.
lib.
3.
29.
and
in
such
case
the
wife
of
such
offendour
shall
loose
her
dower
,
and
his
bloud
or
linage
shall
bee
corrupt
,
[
l
](A01292-e39860-b)
l
Stamf.
lib.
3.
c.
19.
But
such
as
clippe
,
washe
,
round
,
or
file
money
are
onely
to
forfait
their
lands
during
their
life
:
[
m
](A01292-e39870-b)
m
5.
Eliz.
c.
11.
but
such
offence
causeth
not
corruption
of
bloude
,
nor
the
losse
of
Dower
.
Nomomat
.
Now
time
and
order
doth
require
that
ye
should
speake
of
Homicide
.
The
fourtenth
Dialogue
of
Homicide
,
that
is
Murder
,
Manslaughter
,
&
Homicide
by
chaunce
or
misfortune
.
NOmomat
.
Because
the
apt
diuision
Codicgn.
Homicide
in
our
Law
is
either
the
[
a
](A01292-e40030-b)
a
l.
1.
in
princ
.
&
in
§.
diuus
ff.
ad
l.
Corn.
de
sicar
:
&
l.
2.
C.
eod.
or
els
the
killing
of
a
man
in
the
defence
of
his
owne
person
:
as
if
I.
N.
should
assault
I.
S.
with
a
sworde
he
[
b
](A01292-e40060-b)
b
Iodoc
:
Dā●ouderius
in
rerum
criminal
.
prax
.
c.
78
&
79
and
these
sorts
of
manslaughter
may
be
committed
with
clubbe
,
[
c
](A01292-e40070-b)
c
in
d.
§.
Diuus
l.
1.
ff.
ad
leg
.
Corn
:
de
sicar
:
stone
,
sword
or
dart
,
with
arrowes
,
launces
,
pertisanes
,
iauelins
,
or
with
gunnes
,
[
d
](A01292-e40080-b)
d
Iusti
:
de
pub
:
iudic
:
§.
Item
lex
Cornelia
.
or
a
man
may
be
killed
by
poyson
,
[
dd
](A01292-e40090-b)
dd
l.
3.
§.
1.
ff.
Ad
:
Corn
:
de
sicar
:
or
by
precipitation
and
being
throwne
headlong
from
the
toppe
of
some
house
,
or
some
bridge
,
or
some
hill
,
or
some
tree
,
[
e
](A01292-e40100-b)
e
d.
l.
1.
ff.
ad
leg
:
Corn
:
de
sicar
:
There
is
an
other
[
ee
](A01292-e40130-b)
ee
G.
de
Bon●
eorum
qui
mort
:
sibi
consc
:
of
some
infirmitie
,
no
punishment
followeth
their
fact
,
but
they
are
left
to
the
tribunal
[
f
](A01292-e40150-b)
f
Authen
:
bona
damnatorum
C.
de
Bon:
damnat
:
Nouel
:
134.
c.
fin
:
ff.
de
iur
:
sisc
:
&
C.
de
priuil.
sisc
.
tit̄
lit
:
and
their
bodies
though
they
be
dead
,
and
so
impassible
,
and
free
from
punishment
,
yet
for
the
terror
of
them
that
liue
,
they
are
thus
ordered
.
The
body
is
drawne
out
of
the
house
,
wherin
the
man
did
kil
himselfe
,
with
ropes
,
not
by
the
dore
,
but
through
some
hoal
or
pit
made
vnder
the
threshold
of
the
dore
,
[
g
](A01292-e40170-b)
g
Dāhouder
.
in
prax
.
rer:
criminal
:
c.
88.
and
none
may
weare
any
mourning
roabe
for
such
an
offendour
.
[
h
](A01292-e40180-b)
h
l.
liberorum
§.
Pomponius
in
versic:
non
solent
.
ff.
de
his
qui
notan
:
infamia
.
The
last
kinde
of
Homicide
is
Homicide
[
i
](A01292-e40220-b)
i
Argum.
l.
cum
quis
l.
si
solutu●us
ff.
de
solut
:
l.
1.
in
princip:
&
l.
de
pupillo
.
§.
in
p●u●iū
,
ff.
de
no●
.
oper.
nuntiat
.
the
like
may
be
said
of
these
which
vse
bowes
,
or
crossebowes
,
which
loppe
trres
,
or
cut
them
downe
by
the
roote
,
if
a
man
be
slaine
thereby
,
[
k
](A01292-e40230-b)
k
l.
si
putator
:
ff.
ad
l.
Aquil
:
ff.
Item
si
putator
,
de
l.
Aquil
:
So
it
is
of
them
that
ride
a
race
,
if
they
giue
warning
,
and
so
it
is
of
Carmen
or
Coachmen
,
and
so
it
is
of
others
,
whilest
they
doe
such
thinges
as
are
permitted
by
Law
,
yet
such
persons
must
susteigne
an
arbitrary
punishment
,
because
so
great
a
mischiefe
ensueth
,
[
l
](A01292-e40260-b)
l
Damhorder
rer:
:
criminal
:
prax
:
cap.
85.
and
so
it
is
of
others
which
throw
sodainly
,
staffes
or
stones
at
birds
or
dogges
,
and
by
that
meanes
hurt
or
kil
a
man
,
[
m
](A01292-e40270-b)
m
Damhorder
ibid.
but
yet
God
would
haue
man
to
be
free
from
this
fault
,
and
therefore
such
offendors
had
Asyla
,
temples
of
mercie
permitted
vnto
them
as
things
necessary
for
their
absolution
.
[
mm
](A01292-e40290-b)
mm
Deutero.
19.
ver.
5.
Anglonomo
.
It
seemeth
that
wee
make
more
7
Anglo
.
Taketh
exception
to
the
diuision
of
homicide
by
the
ciuil
law
.
kindes
of
Homicide
then
you
,
for
with
vs
there
is
one
kinde
of
Homicide
of
malitious
purpose
,
which
we
call
murder
,
an
other
which
is
committed
vpon
the
sodaine
in
a
heate
and
furie
of
minde
,
which
we
terme
Manslaughter
,
a
thirde
which
wee
call
se
defendendo
,
a
fourth
per
infortunium
,
the
fifth
Homicide
of
a
mans
selfe
,
whereby
the
offendor
is
called
Felo
de
se
.
Nomom
.
Indeede
Codicgnostes
you
haue
not
,
as
to
me
seemeth
,
comprehended
in
your
diuision
all
the
particuler
kindes
of
Homicide
:
for
you
seeme
vnder
your
first
member
,
which
is
the
wilfull
killing
of
a
man
of
malice
forethought
,
to
comprehend
manslaughter
,
which
is
done
in
the
heate
and
furie
of
anger
and
sodaine
falling
out
.
Codicgn.
In
deed
so
I
did
meane
it
,
for
our
most
Nemo
membrorum
suorum
dominus
est
:
[
n
](A01292-e40510-b)
n
l.
liber
homo
ff.
ad
leg
.
Aquil
.
&
l.
lex
Cornelia
§.
Constitutum
ff.
ad
l.
Corn.
de
sicar
.
Necessariò
a
man
committeth
manslaughter
,
when
he
doth
it
in
his
owne
defence
,
and
to
beate
backe
force
by
force
,
which
kinde
of
manslaughter
being
done
by
necessitie
,
&
not
by
will
,
deserueth
pardon
according
to
the
saying
:
Iudice
me
,
fraus
est
concessa
repellere
fraudem
:
Armaque
in
armatos
sumere
iura
sinunt
.
And
it
is
a
Maxime
in
our
Law
:
Quod
quisque
in
tutelam
corporis
sui
fecerit
,
iure
fecisse
existimatur
:
[
o
](A01292-e40600-b)
o
l.
vt
vim
.
ff.
de
inst.
&
iur
.
Casu
Homicide
is
committed
,
when
a
man
killeth
one
not
purposing
that
,
but
doeing
an
other
thing
,
as
the
Hebrewes
doe
report
of
Lamech
,
that
meaning
to
strike
a
wild
beast
he
killed
Cain
with
his
darte
,
[
p
](A01292-e40620-b)
p
Ioh.
Wolph
.
in
Comm.
ad
Deuteronom.
lib.
2.
and
so
you
may
perceiue
that
we
comprehende
that
which
you
call
murder
,
and
that
which
you
call
manslaughter
vnder
that
kinde
of
Homicide
which
is
committed
destinatò
.
Nomomath
.
I
doe
rather
perceiue
it
,
then
approoue
it
:
wherefore
I
woulde
haue
you
Anglonomoph
.
to
shewe
the
difference
betwixt
these
two
kindes
in
their
seuerall
natures
,
and
what
difference
they
holde
from
other
kindes
of
Homicide
,
that
so
I
may
more
easily
vnderstande
wherein
your
Lawes
agree
or
disagree
,
and
likewise
the
reasons
of
the
said
accordance
and
disagreement
.
Anglonomoph
.
The
dyfference
of
killinge
men
voluntarie
and
inuoluntarylie
is
verie
auncient
.
[
r
](A01292-e40720-b)
r
Genes.
9.
&
4.
Exod:
21.
Deutre
.
5.
Leuit.
24.
Num.
35.
Deuter.
19.
And
Demosthenes
sayeth
,
that
the
Phaenicians
dyd
punnishe
such
as
did
voluntarylie
kill
menne
with
death
,
and
with
the
losse
of
all
that
they
had
:
but
such
as
did
vnwillinglie
cause
the
death
of
a
man
,
they
did
pardon
,
and
forgiue
:
[
s
](A01292-e40750-b)
s
Demost.
in
orat
.
contr.
Mid.
But
the
difference
betwixt
murder
and
manslaughter
hath
not
beene
heretofore
much
opened
,
or
effectuallie
stoode
vppon
,
which
because
it
is
large
,
and
of
great
compasse
in
our
Lawe
,
I
will
(
God
permitting
mee
)
by
some
cases
make
cleare
and
apparant
and
then
discende
to
the
discription
of
the
other
[
t
](A01292-e40770-b)
t
Pl.
Com̄
261.
and
it
is
not
materiall
whether
hee
kill
him
openly
or
secreatly
,
or
whether
he
that
is
slaine
bee
an
Englishman
,
or
of
other
nation
,
if
hee
liue
in
this
Realme
vnder
the
Queenes
protection
,
[
u
](A01292-e40780-b)
u
Stamf.
18.
and
hee
can
not
haue
[
x
](A01292-e40800-b)
x
22.
H.
8.
c.
1.
and
there
bee
two
sortes
of
malice
which
are
motiues
to
this
horrible
acte
,
namely
a
malice
implyed
and
a
malice
expressed
:
malice
implyed
is
when
one
killeth
an
other
sodainelie
,
without
any
defence
on
the
part
of
the
other
:
malice
expressed
,
when
it
is
knowne
that
there
is
malice
betwixt
the
parties
:
[
a
](A01292-e40810-b)
a
Crompt
.
Iust.
P.
19.
I
wil
illustrate
both
these
seuerall
kindes
with
seuerall
cases
,
beginning
first
with
malice
implyed
.
A
Gaoler
had
malice
to
a
Recusant
who
was
in
his
warde
,
because
he
suspected
that
he
was
too
familiar
with
his
wife
,
and
after
the
prisoner
purchased
to
goe
out
of
prison
,
as
hee
went
before
for
his
disporte
,
and
the
Gaoler
suddenly
stroke
the
prisoner
vpon
the
head
,
so
that
he
fel
to
the
ground
,
whereupon
he
died
,
and
this
was
adiudged
murder
at
the
Assises
at
Chester
:
[
b
](A01292-e40820-b)
b
Cromp.
Iu.
P.
20.
And
if
a
theefe
rob
an
other
man
,
and
kil
him
,
this
is
murder
,
though
he
did
neuer
see
the
man
slaine
before
,
&
though
hee
had
neuer
inueterate
malice
against
him
:
yet
hee
had
malice
before
the
murder
to
this
intent
,
that
hee
woulde
rather
kill
him
then
bee
disappointed
of
his
purpose
.
[
c
](A01292-e40830-b)
c
Com.
474.
Two
fought
together
of
malice
forethought
,
hauing
purpose
to
kill
,
and
a
straunger
came
to
part
them
,
and
one
of
them
killed
him
,
this
was
felony
in
them
both
,
and
they
both
were
executed
because
they
had
an
intent
the
one
of
them
to
kill
the
other
,
and
this
acte
came
originally
of
that
:
[
d
](A01292-e40840-b)
d
22.
E.
3.
Co●on̄
262.
&
Dyer
120.
And
if
the
Iustices
of
Peace
with
the
Sherife
come
to
suppresse
riotours
,
and
one
which
attendeth
vppon
them
is
slaine
by
one
of
the
riotors
,
this
is
murder
in
him
,
&
in
all
the
other
riotors
which
are
present
,
[
e
](A01292-e40850-b)
e
Cromp.
Iu.
P.
21.
And
if
a
man
without
quarrell
offered
doe
kill
one
of
the
standers
by
this
is
murder
,
[
f
](A01292-e40860-b)
f
Crompt
.
Iu.
P.
22.
proceeding
from
implyed
malice
,
[
g
](A01292-e40870-b)
g
Lam.
E●renarch
.
255.
Thus
farre
of
malice
implyed
:
malice
expressed
may
more
easily
appeare
vnto
you
,
as
if
a
man
bring
an
appeale
of
felony
against
B.
and
the
said
B.
meeteth
the
plaintife
and
they
quarrell
together
vpon
the
vsing
of
the
said
appeale
,
and
fight
,
and
B.
killeth
the
plaintife
,
this
seemeth
to
be
murder
.
[
h
](A01292-e40880-b)
h
Cromp.
Iu.
P.
21.
and
if
a
man
be
attainted
of
murder
hee
shall
suffer
paine
of
death
,
and
[
i
](A01292-e40920-b)
i
Cromp.
I.
P.
23.
Com.
261.
but
shall
forfaite
his
goods
,
and
if
two
doe
fight
together
without
malice
precedent
,
and
after
diuerse
blowes
giuen
,
the
one
of
them
flyeth
a
greate
space
from
the
other
,
and
the
other
goeth
into
a
house
verie
neare
for
a
weapon
,
and
pursueth
incontinent
,
and
killeth
him
that
flyeth
,
this
is
but
manslaughter
,
because
it
was
done
in
a
continuing
fury
,
[
k
](A01292-e40930-b)
k
Crompt
.
Iust.
P.
23.
and
two
did
fight
together
vppon
the
sodaine
without
malice
preconceiued
,
and
one
commeth
to
part
them
,
and
the
one
of
them
,
which
fighteth
killeth
him
,
this
is
manslaughter
in
him
,
because
the
fighting
was
an
vnlawfull
acte
:
[
l
](A01292-e40940-b)
l
22.
Ass.
Coron̄
.
180.
but
if
they
had
fought
together
Ex
malitia
precogitata
,
and
the
one
of
them
had
slaine
him
,
this
had
beene
felonie
in
them
both
.
[
m
](A01292-e40960-b)
m
(
22.
E.
3.
Coro
.
266.
Stanf
.
16
Manslaughter
se
defendendo
is
,
where
[
n
](A01292-e41000-b)
n
3.
E.
3.
Coro
.
284.
&
286.
and
it
is
not
materiall
in
this
case
which
of
them
begunne
the
affray
,
or
which
of
them
gaue
the
first
stroke
[
o
](A01292-e41010-b)
o
Stamf.
15.
,
and
the
offendor
in
this
case
shall
forfeit
his
goods
[
p
](A01292-e41020-b)
p
4.
H.
7.
2.
43.
Assis
.
pl.
3.
21.
E.
3.
17.
,
homicide
by
misaduenture
is
no
other
[
q
](A01292-e41060-b)
q
22.
Assis
.
cor.
180.
Stamf.
li.
1.
c.
8.
,
likewise
hee
that
is
a
homicide
[
r
](A01292-e41090-b)
r
Fitz.
Coron.
301.
362.
426.
.
Nomomath
.
I
pray
you
let
mee
know
this
Codicgnostes
,
Codicgn.
Yes
verily
,
for
homicide
is
either
[
s
](A01292-e41230-b)
s
c.
sicut
dignum
1.
§.
qui
verò
de
homicid
.
Extra
&
cap.
fin
.
eo
.
tit.
lib.
6.
&
l.
qui
seruo
.
ff.
de
furt.
&c.
Nullus
ex
consilio
de
regal
.
iur
.
in
sexto
.
.
But
when
it
is
done
by
commaundement
by
persons
executing
the
commandement
,
which
otherwise
would
not
haue
done
it
,
then
the
commaunder
onely
is
accompted
guiltie
of
homicide
[
t
](A01292-e41240-b)
t
l.
3.
§.
item
versi
.
item
qui
author
.
ff.
ad
leg
.
Corn.
de
sica●
cap.
fi.
de
homici
.
lib.
6.
l.
In
hoc
iudicio
.
ff.
de
seru.
corrupt
.
,
and
if
one
lende
one
a
sworde
to
kill
an
other
man
or
himselfe
,
he
is
guiltie
of
homicide
[
u
](A01292-e41250-b)
u
l.
nihil
interest
.
ff.
ad
leg
.
Corn.
de
sicar
:
l.
15.
qui
opem
.
ff.
de
furt:
&
in
§.
interdum
quoque
Iusti
.
de
oblig
.
quae
ex
quas
.
delic
.
nascuntur
.
,
&
if
a
man
be
cooperant
in
the
act
,
he
is
a
principal
offendor
[
x
](A01292-e41260-b)
x
Gloss
:
c.
sicut
l.
dignum
§.
illi
vero
verb
:
mors
de
Homic
:
extra
.
.
Anglonomoph
.
By
our
Law
the
counsailor
,
commandor
,
[
a
](A01292-e41310-b)
a
4.
H.
7.
18.
Comm.
100.
3.
E.
3.
Coro
.
309
13.
H.
7.
10.
:
&
therfore
they
which
come
in
the
assemblie
or
companie
of
others
into
any
place
where
any
euil
is
done
,
be
it
homicide
,
robbery
,
or
any
other
misdemenor
,
shal
be
held
principal
offendors
though
they
stand
apart
,
&
do
nothing
[
b
](A01292-e41320-b)
b
2.
E.
3.
Inditem
.
22.
Stamf.
40.
●ōm
.
475.
3.
E.
3
Cor.
314
&
350.
,
but
in
these
cases
it
is
necessary
that
they
be
confederate
in
the
fact
:
for
if
they
be
not
confederate
,
they
shall
be
punished
by
fine
,
and
no
otherwise
[
c
](A01292-e41330-b)
c
8.
E.
2.
Cor.
395.
&
293.
,
but
if
they
leuie
hue
&
crie
&
stretch
out
their
handes
to
take
the
offendors
they
shall
not
be
fined
[
d
](A01292-e41340-b)
d
Stamf.
40.
,
and
he
which
is
within
age
shall
not
be
fined
in
such
case
[
e
](A01292-e41350-b)
e
14.
H.
7.
31.
.
Nomom
.
I
pray
ye
shew
me
whether
they
that
Codicgn.
They
may
as
wel
thinke
that
there
be
quòd
feralis
bestia
eos
absumat
[
f
](A01292-e41460-b)
f
l.
multi
.
C.
de
malefic
.
&
mathem
.
,
&
such
as
by
Images
of
waxe
inchaunted
do
cause
the
death
of
any
man
,
if
they
be
conuicted
&
do
confesse
the
fault
they
are
punished
as
is
before
said
,
but
if
they
wil
not
confesse
their
flesh
is
torne
from
the
bone
with
nailes
&
with
hookes
[
g
](A01292-e41470-b)
g
l.
si
excepta
§
si
quis
C.
de
malefic
.
,
&
not
onely
witches
,
but
if
any
man
did
weare
about
his
neck
any
thing
as
a
remedy
of
the
feuer
quartaine
,
or
any
other
infirmity
,
he
was
punished
capitally
as
accessarie
to
witchcraft
[
h
](A01292-e41520-b)
h
Ammian
.
Marcellin
.
lib.
19.
:
&
he
telleth
in
an
other
place
that
a
certain
simple
old
woman
,
because
shee
was
wonte
to
cure
feuers
by
a
kinde
of
inchantment
was
put
to
death
as
guilty
of
witchcraft
:
and
a
yong
man
in
the
bath
putting
his
hands
sometime
to
a
marble
stone
,
and
sometime
to
his
brest
,
and
rehearsing
withall
,
certaine
letters
of
the
Alphabet
,
imagining
this
to
be
a
good
remedy
against
the
payne
of
the
stomache
,
was
put
to
death
by
the
sword
[
i
](A01292-e41540-b)
i
Ammian
.
lib.
29.
.
Nomom
.
The
Romanes
it
seemeth
were
in
this
,
strangely
opinionated
:
for
the
Graecians
&
others
did
approoue
such
medicines
.
Pericles
did
hold
that
diseases
might
be
cured
by
hanging
certaine
written
bookes
about
the
necke
of
the
diseased
[
k
](A01292-e41610-b)
k
Plutar.
in
Pe●ic
.
.
And
Bion
the
Atheist
was
of
the
same
opinion
[
l
](A01292-e41630-b)
l
Diogen
.
Laert
.
in
vit.
B●on
.
,
the
Indians
(
as
Strabo
testifieth
)
do
accompt
this
the
onely
Phisicke
[
m
](A01292-e41650-b)
m
Strabo
lib.
15.
,
and
Vallesius
reporteth
that
charmes
haue
bene
called
remedies
of
Cato
,
Varro
,
Theophrastus
,
Serenus
,
Trallianus
and
of
many
Physitions
of
Italie
,
Greece
,
and
Arabia
[
n
](A01292-e41680-b)
n
Valles
.
lib.
de
sa
.
philos.
.
And
Vlpian
sheweth
that
many
haue
affirmed
vnto
him
,
that
such
charmes
&
inchantments
haue
done
them
good
[
o
](A01292-e41700-b)
o
l.
1.
§.
Medicos
,
ff.
de
extr.
cogn
.
,
and
we
know
that
there
was
a
kind
of
exorcisme
[
p
](A01292-e41720-b)
p
l.
6.
C.
de
Ep:
&
cler.
Alciat
.
lib.
2.
parerg.
c.
23.
,
and
Iosephus
saith
,
that
this
was
Salomons
inuention
[
q
](A01292-e41750-b)
q
Ioseph
.
lib.
8.
antiquit.
,
wherefore
me
thinkes
they
that
vse
such
things
,
or
worke
any
good
effect
by
such
things
,
should
in
no
sort
be
punished
.
For
(
as
Apuleius
saith
)
Nihil
quod
salutis
causa
fit
,
criminosum
est
[
r
](A01292-e41780-b)
r
Apulei
.
apolog.
1.
.
Canonolog
.
It
may
be
that
Codicgnostes
had
rather
beleeue
the
censures
of
Romane
magistrates
in
matters
of
Iustice
,
then
the
opinions
of
Romane
and
Graecian
Philosophers
in
table
talke
and
common
speech
.
I
know
by
good
authority
these
thinges
are
condemned
,
and
therefore
it
is
said
of
such
men
and
their
medicines
in
the
Canon
.
Quae
alij
scelera
,
isti
remedia
nominant
[
s
](A01292-e41840-b)
s
c.
Illud
quod
26.
q.
2.
:
And
Tacitus
clearely
affirmeth
that
such
things
medicorum
disciplina
condemnat
[
t
](A01292-e41870-b)
t
Tacit.
lib.
1.
histor.
:
And
Plutarch
calleth
such
practises
Insanias
[
u
](A01292-e41900-b)
u
Plutarch
.
in
pericl
.
:
and
if
Lucian
be
of
any
authoritie
with
you
,
he
saith
,
Per
verbula
&
incantationes
sanitatem
operari
non
credo
[
x
](A01292-e41930-b)
x
Lucian
.
in
Philopseud
.
.
Plinie
likewise
speketh
to
the
same
purpose
in
these
words
:
Maximae
quaestionis
&
semper
incertae
est
,
valeantur
aliquid
verba
&
incantamenta
carminum
in
medendo
:
sed
viritim
sapientissimi
cuiusque
respuit
fides
[
a
](A01292-e41960-b)
a
Plini
.
lib.
28.
c.
2.
:
As
for
these
exorcismes
heretofore
vsed
in
the
Church
,
Bodinus
teacheth
that
the
Prophets
neuer
vsed
in
their
times
any
such
matter
[
b
](A01292-e41980-b)
b
Bodin
.
lib.
3.
daemon
.
,
and
he
Nomomath
.
I
am
reasonably
taught
for
this
matter
:
but
I
pray
you
shew
me
whether
witches
haue
any
such
power
as
hath
beene
before
spoken
of
.
Codicgn.
Doubtles
they
haue
and
that
may
be
[
c
](A01292-e42110-b)
c
Virgil.
4.
Aenedi
.
.
And
againe
,
Carmina
vel
coelo
possunt
deducere
lunam
[
d
](A01292-e42130-b)
d
Virgil.
in
Pharm
.
:
and
Claudian
affirmeth
the
like
,
Thessalidas
patrijs
lunare
venenis
incestare
iubar
.
But
most
fully
,
most
deepely
,
&
most
Nomomath
.
These
are
the
friuolous
imaginations
of
poets
,
which
maie
lie
for
the
whetstone
.
Codign
.
But
in
manie
thinges
,
and
doubtlesse
in
this
,
they
doe
neither
lie
nor
dallie
:
for
wheras
Virgil
saith
,
Atque
satas
aliò
vidi
traducere
messes
,
this
is
no
flying
fancie
,
but
the
sage
and
graue
determination
of
the
makers
of
the
Lawes
of
[
✿
](A01292-e42270-b)
✿
Qui
alienas
fruges
excantauerit
quiue
alienam
segetem
pellexerit
.
Quei
alienas
fruces
excantassit
queiue
alienam
secetem
pelexerit
:
and
therefore
vaine
is
the
surmise
of
Seneca
when
hee
saith
of
such
matters
,
[
e
](A01292-e42320-b)
e
Senec.
lib.
4
:
naturali
quaestion
.
c.
7.
.
Whom
S.
Augustine
doth
iudicially
[
f
](A01292-e42370-b)
f
D.
Augustin
.
lib.
de
Ciuit.
dei
8.
c.
19.
.
And
[
g
](A01292-e42410-b)
g
Pausan
.
li.
2.
.
Nomom
.
If
such
hurt
be
done
,
it
is
done
by
the
diuell
,
&
the
wicked
spirits
his
ministers
,
which
suggest
such
thinges
to
selie
old
women
,
and
are
readie
to
performe
them
at
their
commaund
:
but
what
fault
can
be
iustly
imputed
to
these
women
.
Canonol
.
Surely
their
offence
is
very
great
,
for
they
are
most
abominable
apostats
,
&
workers
of
extreame
mischiefe
,
they
haue
denied
Christ
and
vowed
themselfs
to
the
diuel
,
which
manner
of
vow
is
done
either
secretly
or
expresly
:
secretly
,
when
one
witch
or
coniurer
voweth
with
an
other
coniurer
or
witch
,
that
in
consideration
that
A.
hath
promised
to
B.
that
he
shall
do
great
and
meruailous
things
,
as
namely
that
he
shall
know
future
things
,
&
do
other
things
,
which
others
shal
not
be
able
to
do
,
B.
therfore
repromiseth
to
A.
that
therfore
he
wil
renounce
the
catholike
faith
,
that
he
will
obstinately
despise
the
holy
Sacraments
,
that
he
will
with
all
his
strength
&
power
worship
&
cleaue
to
his
maister
,
and
will
giue
to
him
all
kind
of
adoration
vnder
the
forme
of
idols
:
&
this
is
called
a
secreate
protestation
because
it
is
not
done
to
the
Diuell
himselfe
but
to
his
seruaunt
[
h
](A01292-e42490-b)
h
c.
qui
sme
saluatore
.
26.
q.
2.
Sum
:
confession
:
eo
.
tit.
q.
3.
&
6.
&
q.
10.
in
sin
.
,
the
other
protestation
is
called
the
expresse
protestation
and
it
is
double
,
either
priuate
,
or
solemne
&
publicke
,
the
solemne
or
publike
is
that
,
which
is
done
to
the
diuell
sitting
in
the
throne
of
his
pride
,
to
receiue
the
generall
assemblies
of
all
witches
,
coniurers
and
inchaunters
,
as
is
very
liuely
and
wittily
described
by
Torquato
Tasso
in
his
Ierusalem
&c
[
i
](A01292-e42510-b)
i
Tasso
Gierusa
.
liberat
.
Canto
.
4.
.
Siede
Pluton
nel
mezo
,
econ
la
destra
Sostien
lo
scettro
ruuido
,
e
pesante
;
Nè
tanto
scoglio
in
mar
,
nè
rupe
al
pestra
,
Nè
pur
Calpe
s'inalza
,
ò'l
magno
Atlante
,
Ch'anzi
lui
non
paresse
vn
picciol
colle
,
Si
la
gran
fronte
,
ele
gran
corna
estolle
.
Horrida
maestà
nel
fiero
aspetto
Terrore
accresce
,
epiù
superbo
il
rende
,
Rosseggian
gli
occhi
,
e
di
veneno
infetto
,
Come
infausta
Cometa
il
guardo
splende
.
Gl'inuolue
il
mento
,
e
su
l'irsuto
petto
Hispida
,
efolta
la
gran
barba
scende
.
E
in
guisa
di
uoragine
profonda
S'
apre
la
bona
d'atro
sangue
immonda
&c.
Nomomath
.
At
what
place
and
in
what
time
is
this
wickednes
done
?
Canonolog
.
It
is
done
in
woddie
places
,
or
in
caues
vnder
the
earth
,
which
are
farre
remote
&
distant
from
the
places
of
mens
conuersation
,
such
darke
and
shadowed
groues
,
and
corners
as
are
very
fullie
portraited
by
Lucan
[
k
](A01292-e42740-b)
k
Lucan
.
lib.
3.
.
Lucus
erat
longo
nunquam
violatus
ab
aeuo
Obscurum
cingens
connexis
aeraramis
,
Omnisque
humanis
lustrata
cruoribus
arbos
:
Illis
&
volucres
metuunt
insistere
ramis
Et
lustris
recubare
ferae
,
&c.
In
such
desolate
places
,
or
in
ruinated
Castels
this
mischiefe
is
celebrated
,
&
commonly
it
is
done
in
the
darknes
of
a
most
tempestuous
night
[
l
](A01292-e42870-b)
l
c.
Episcopi
26.
q.
5.
,
for
the
Diuell
falling
from
Paradise
fell
into
extreame
darkenes
,
and
by
defect
of
grace
deliteth
in
darkenes
[
m
](A01292-e42880-b)
m
Thom.
Aquinas
in
tractat.
44.
quaestion
.
16.
artic.
1.
est
in
tit
.
de
daemon
.
,
so
that
all
the
workes
that
proceed
from
him
are
blacke
,
horrible
,
and
full
of
darkenes
,
cleane
contrarie
to
the
workes
of
our
Sauiour
Christ
,
which
he
did
in
the
open
light
,
for
the
glorifying
of
his
father
and
the
edifying
of
his
Church
.
Nonomath
.
Yet
my
assertion
remaineth
firme
,
that
al
the
euils
whereof
you
haue
before
spoken
,
are
done
by
the
diuell
,
and
not
by
the
witche
.
Canonol
.
They
are
done
by
the
witch
cooperating
[
n
](A01292-e42980-b)
n
Heliod.
Aethiopic
.
lib.
3.
,
and
that
it
hath
bene
so
thought
in
ancient
time
,
may
appeare
by
Theocritus
speaking
of
the
remedie
which
was
woont
to
bee
vsed
against
such
witchcraft
[
o
](A01292-e43000-b)
o
Theocrit
.
eidyl
.
6.
&
7.
,
&
againe
they
deserue
seuerely
to
be
punished
,
not
onely
for
vowing
themselfes
to
the
diuell
,
but
also
for
mingling
themselfes
in
the
companie
of
wicked
spirites
,
which
must
needes
infect
their
bodies
and
soules
,
and
so
make
them
apte
instruments
for
the
hurting
of
others
.
Nomomath
.
I
do
not
thinke
,
that
,
that
is
possible
[
d
](A01292-e43060-b)
d
Alciat
.
lib.
8.
parerg
:
c.
22.
,
and
some
other
in
these
daies
:
wherfore
I
see
no
reason
that
they
should
be
punished
for
it
.
Canonolog
.
That
is
both
true
and
possible
,
as
Nomomath
.
Indeed
so
it
seemeth
:
for
when
they
fall
into
the
handes
of
Iustice
,
and
bee
cast
into
close
prison
,
the
Diuell
commonly
practiseth
no
more
feates
for
than
,
but
suffereth
them
to
susteine
the
punishment
of
law
without
any
intermedling
for
them
:
but
I
haue
much
wondered
what
should
be
the
cause
of
this
.
Canonolog
.
That
is
done
for
two
causes
.
First
,
[
q
](A01292-e43230-b)
q
c.
Nec
mirum
26.
q.
5.
D.
Augustin
.
lib.
3.
de
Trinit.
10.
de
ciuitat
.
dei
.
Thom.
Aquinas
in
tractat.
44.
primae
partis
quaest.
5.
in
tit
.
de
mira
.
an
other
reason
is
,
wherefore
they
being
imprisoned
cannot
escape
,
though
the
diuell
would
deliuer
them
out
of
prison
,
is
because
the
Iustice
of
almightie
God
will
not
suffer
the
diuell
to
exercise
his
naturall
power
for
them
:
for
if
he
should
permit
him
,
God
might
perhaps
seeme
to
weake
and
shallow
consciences
,
to
haue
cast
of
the
care
of
humane
affaires
,
and
of
doing
Iustice
:
wherefore
for
his
truth
and
glorie
he
will
not
suffer
it
[
r
](A01292-e43240-b)
r
D.
August
.
d.
lib.
10.
de
ciuit
.
dei
,
&
Thom.
Aquin.
in
d.
tractat.
44.
d.
q.
5.
.
Nomomath
.
You
haue
spoken
sufficiently
of
witches
,
and
their
lewde
practises
,
of
their
punishment
,
and
daunger
of
their
soules
.
Now
I
would
haue
you
to
speake
of
coniuration
,
&
necromancie
,
whether
the
practises
of
it
are
able
to
worke
such
effects
,
as
is
commonly
reported
,
and
how
by
your
law
they
be
punishable
.
Canonolog
.
This
wickednes
hath
bene
in
ancient
[
s
](A01292-e43350-b)
s
Sueton.
in
Neron
:
c.
34.
.
And
Tacitus
maketh
mention
of
a
certaine
yong
man
misled
to
this
naughtines
:
Iuuenem
improuidum
&
facilem
inanibus
,
ad
Chaldaeorum
promissa
,
magorum
sacra
,
somniorum
etiam
interpretes
impulit
,
tentatus
vt
infernas
vmbras
carminibus
eliceret
[
t
](A01292-e43380-b)
t
Tacit.
lib.
2.
Annal.
.
Nomomath
.
I
pray
you
tell
mee
when
there
be
such
apparitions
in
the
persons
of
the
dead
,
whether
are
they
diuels
or
dead
mens
bodies
that
are
so
raised
vp
.
Canonolog
.
It
is
an
easie
matter
to
resolue
this
question
,
but
a
harde
matter
to
discourse
of
it
:
but
shortly
to
answere
it
:
I
thinke
they
bee
Diuels
which
resemble
men
that
are
dead
.
Nomomath
.
Yet
in
the
booke
of
Ecclesiasticus
[
u
](A01292-e43510-b)
u
Ecclesiast.
c.
46.
.
Canonolog
.
But
that
booke
is
not
Canonicall
Scripture
.
Nomomath
.
But
a
man
may
reason
out
of
Canonical
Scripture
that
it
was
no
diuell
,
which
appeared
to
Saul
in
the
likenes
of
Samuel
,
because
the
diuel
would
not
vse
such
holy
speeches
as
ar
attributed
to
Samuel
in
the
first
booke
of
Samuel
,
which
is
Canonicall
Scripture
[
x
](A01292-e43620-b)
x
1.
Sam.
c.
28.
.
Canonolog
.
What
meruaile
is
that
?
when
the
diuell
can
transforme
himselfe
into
an
Angell
of
light
?
and
so
hee
did
deliuer
true
testimonie
of
Christ
[
a
](A01292-e43660-b)
a
Matth.
8.
Mar.
1.
Luc.
4.
,
though
to
a
false
and
euill
purpose
,
and
likewise
of
Paule
[
b
](A01292-e43680-b)
b
Act.
16.
,
but
holy
Samuel
would
not
haue
suffered
any
such
adoration
,
as
is
expressed
in
that
Scripture
:
and
therefore
Tremellius
and
Iunius
do
rightly
comment
vpon
that
place
,
that
it
is
not
in
the
power
of
the
diuell
,
nor
of
the
witche
his
seruant
,
to
drawe
againe
into
the
world
iust
men
,
but
that
it
was
a
craftie
and
false
pretense
of
the
diuell
,
to
make
men
thinke
,
that
the
true
worshipers
of
God
are
in
his
hands
after
their
death
.
Nomomath
.
You
haue
almost
made
me
of
your
opinion
.
But
tell
me
Codicgnostes
what
punishment
hath
your
Lawe
ordeined
for
Necromancers
and
Coniurers
.
Codicgn.
They
are
by
our
law
either
executed
[
c
](A01292-e43800-b)
c
Paulus
lib.
5.
tit.
23.
.
Anglonomo
.
By
a
statute
made
in
the
fifth
yeare
of
the
fortunate
raigne
of
our
soueraigne
Ladie
[
cc
](A01292-e43860-b)
cc
5.
Elizab.
c.
16.
.
Canonolog
.
It
is
an
excellent
law
,
&
worthie
of
[
d
](A01292-e43910-b)
d
26.
q.
1.
ca.
▪
de
benedicto
.
,
and
they
weare
a
miter
on
their
heads
wherein
their
offence
is
in
great
letters
painted
[
e
](A01292-e43920-b)
e
ca.
episcopi
.
ibid:
,
&
they
are
set
vpon
a
ladd●r
whilest
the
people
go
to
heare
diuine
seruice
[
f
](A01292-e43930-b)
f
In
d.
c.
Episcopi
.
&
ca.
de
benedicto
.
,
and
so
they
are
cast
out
of
the
parish
[
g
](A01292-e43940-b)
g
26.
q.
ca.
Episcopi
.
,
&
diocese
[
h
](A01292-e43950-b)
h
ca.
Episcopi
,
&
ca.
de
benedict.
:
and
if
they
haue
anie
office
or
benefice
they
are
depriued
of
it
[
i
](A01292-e43960-b)
i
Glos●
.
sin
:
in
ca.
1
:
de
sorti
.
Extra
c
▪
non
oportet
.
26.
q.
5.
,
&
if
they
be
of
the
clergie
&
not
beneficed
they
are
disgraded
[
k
](A01292-e43970-b)
k
Cap
:
Admonendi
26.
q.
7.
de
haere
.
.
Nomomath
.
You
haue
not
yet
shewed
vnto
me
,
Canonolog
.
Surely
by
our
lawe
,
if
any
woman
[
l
](A01292-e44070-b)
l
ca
:
quod
vero
.
&c.
Moses
23.
q
:
2.
&
ca
:
si
expositus
.
87.
Dist:
.
Codicgn.
Our
law
punisheth
the
woman
whether
[
m
](A01292-e44120-b)
m
l.
Cicero
.
de
paen
.
ff.
&
l.
diuus
.
ff.
de
extraord
.
crimin
.
gloss
.
in
cap.
si
aliquis
.
de
homicid
.
Extra
.
l.
si
mulierem
.
Ad
l.
Corn
:
de
sicar
:
ff.
,
and
therfore
with
vs
such
things
as
are
done
for
the
hindering
of
the
conception
of
a
child
are
punished
[
n
](A01292-e44130-b)
n
Paulus
lib.
5.
sent.
tit.
23.
&
l.
38.
§.
qui
abortionis
de
paen
:
,
&
that
worthily
,
because
it
is
done
to
the
iniurie
of
nature
,
&
in
contempt
of
the
most
high
God
,
who
hath
said
Crescite
&
multiplicamini
,
and
that
by
no
other
meane
,
then
by
continuall
generation
of
mankind
:
howsoeuer
there
be
some
,
of
whom
Victor
maketh
mention
,
which
thinke
that
the
woman
committeth
no
fault
in
this
act
[
o
](A01292-e44160-b)
o
Pet.
Victor
.
lib.
27.
vari
.
lect.
c.
2.
,
but
as
to
the
punishment
of
this
fault
in
our
Law
,
if
it
be
done
for
the
gaine
of
mony
,
the
Lawe
inflicteth
punishment
of
death
,
if
through
hatred
or
malice
,
with
exile
for
a
certaine
time
[
p
](A01292-e44170-b)
p
d.
l.
Cicer.
&
d.
l.
diuus
.
.
Anglonomoph
.
In
Bractons
time
it
seemeth
that
[
q
](A01292-e44240-b)
q
Bract.
lib.
2.
:
but
now
the
Lawe
is
altered
:
for
by
the
Lawe
now
in
force
,
Homicide
cannot
be
committed
,
vnlesse
the
thing
slaine
be
in
rerum
natura
:
and
therefore
if
a
man
kill
an
infant
in
his
mothers
wombe
,
this
is
not
felonie
,
neither
shall
he
forfeit
any
thing
,
because
it
cannot
bee
certainely
knowne
,
whether
the
infant
died
by
the
stroke
or
no
[
r
](A01292-e44260-b)
r
3.
Assis
.
pl.
2.
22.
Assis
.
pl.
44
1.
E.
3.
24.
Brit.
45.
.