so both the Lawes might know their owne grounds and proper subiects and not one to be iumbled with the other as it is at this day to the great vexation of the Subiect But before I speake of the Ciuile Law in particuler I will define what Right or Law is in genetall Law therefore is as Vlpian saith L. 10. in fin ff de Iusticia Iure the knowledge of Ciuile and humane things the vnderstanding of those things which are iust vniust This Law is primarily diuided into the lawe publicke and the lawe priuate The publicke is that which appertaineth to the generall state of the common wealth for I meane the law publick not in respect of the forme that they were publickly made as we make lawes in our Parliaments for so all the Ciuile Law is publicke as made by publicke authoritie but in respect of the obiect or end therof for that they concerne the Church the Clergie the Magistrate and other like publicke functions none of which leuell at the rule of equitie or equalitie betwéene man and man as priuat lawes doe but ayme at that which is most fit in generall for the common State The priuat Law or the priuat mens Law is that which concernes euery singular mans state which for that it is occupied in giuing euery man his owne it must of necessitie be proportionable to the rule of Equalitie and Iustice Priuate Law is of thrée sorts the law of Nature the law of Nations and the law Ciuile The law of Nature is that which Nature hath taught euery liuing creature as the care and defence of euery creatures life desire of libertie the coniunction of male and female for procreation sake The law of Nations is that which common reason hath established among men and is obserued alike in al Nations as distinctions of mens rights building of houses erecting of Cities societie of life iudgements of controuersies war peace captiuitie cōtracts obligations succession such like The law Ciuile being largely taken is the law that euery particuler Nation frameth to it selfe as the Athenians laws and the lawes of Lacedemon in which sence also the law of England may be called the Ciuile law for that it is the proper and priuat law of this Nation but in more strict sort the Ciuile law is the law which the old Romanes vsed and is for the great wisdom equitie therof at this day as it were the common law of all well gouerned Nations a very few only excepted And certainly albeit sundry other Nations by the light of Nature haue many Rules Maxims of the Ciuile law yet if all the constitutions customs lawes of all other people and countries were put together I except none saue the laws of the Hebrews which came immediatly from God they are not comparable to the law of the Romans neither in wisdom nor equitie neither in grauitie nor in sufficiencie Wherupon it is that most of other Nations sauing our owne although they receiue not the Ciuile law wholy for their law yet they so much admire the equitie thereof that they interpret their owne lawes therby Peckins de regul iuris reg Quae à iure cōi regul 28. The whole Ciuile law it selfe is reduced or brought into 4. Tomes whereof the first containeth the Digest or Pandects taken out of 27. old reuerent lawyers works wherof sundry were before the comming of Christ other florished in the Emperors daies euē vnto the time of Maximinus as it appeareth by Spartianus Lampridius in the life of the said Emperor which said Tome is diuided into 50. bookes of which euery one cōtaineth sundry titles of great wisdom varietie To this Tome I adde the Institutions which are a briefe of all the former bookes composed of purpose by the Emperor in the behalf of yong learners that therby hauing the whole Digest drawne into a Compendium of 4. books only they might with more alacrity go forward in the study of the lawe hauing as it were the first Elemēts of the whole profession in this little Treatise wheras otherwise without the help herof their weak minds might be clogged with the multitud varietie therof and so either altogether leaue their studies or with more labor diffidence which oftentimes discourageth young mens minds in a long matter come to the end therof to which by the direction of this briefe they might sooner attaine vnto and that without much trauell or distrust The Digests haue their name of that they are put into a comely order by the Author ranging euery booke title into his proper place such as either the course of Nature affords them or are fittest for the practise of the profession The same book again is called Pandects of the gréek words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for that it cōpriseth in it self al whatsoeuer Iustinian drew out of 150000. verses of the old bookes of the law The Institutes are so called because they are as it were masters and instructors to the ignorant and shewe an easie way to the obteining of the knowledge of the Law The matters wherein the whole law is occupied are either the persons in the common wealth or the things belonging or not belonging to them or the actions whereby men doe claime in iudgements such things as are due vnto them by law Vpon a more particuler diuision the whole Digest is diuided into seauen parts wherof the first part standing vpon fower bookes containeth the principles and as it were the first elements of the Lawe as what Iustice and right is from whence the Ciuile law hath his beginning what persons be the obiect of the Ciuile lawe what Magistrates the common wealth of the Romanes had by whome either the lawes were made or executed the diuers kindes of Iurisdictions which those magistrates vsed méere mixt or simple according to their place the corrections which the lawe vsed against such as disobey the Iudge either in not appearing or not performing that which is inioyned them what prouision it made against such as by violence rescued men out of the Iudges hands what Holidaies there were wherein the Courts were not held what order the Lawe tooke against the plaintife that hauing cited the defendant had no Libell readie to put into the Court vnlesse happily otherwise the parties vpon priuate agréement compounded the matter betwéene them who were to be admitted aduocates and what causes bard them from that office what is the office of a Procurator Solicitor or Sindict or Factor and vnder what cautions they were admitted if they had no Proxie or Mandat or the partie principal did not in presence authorise them how they were punished who vpon reward tooke vpon them to vexe men vniustly in the Law in manner as common Barators doe what persons hauing lost opportunitie to alleage any thing for themselues beneficiall in Law may be restored thereto againe as Minors and such other as by feare or craft of the aduersarie haue bin driuen away
Parsonage and diuiding out his Tenancies may retaine and kéepe to himselfe and his said tenants so much of the said Manor discharged of tythes as him listeth and assigne ouer the rest for the maintenance of the Minister and that his tenants after may challenge exemption from tythe as the Bishop did for that they were exempted by his capacitie while they were in his owne hand Neither of which is so by Law for insomuch as a Bishop is an owner of a Manor and is a prime-founder of a benefice he hath no more right to the Tyth thereof than a méere Lay Patâ—on hath who for his zeale to the Church and to incourage other to be like affected to Gods Religion as himselfe is may haue some small pension assigned him and his for euer by the Bishop out of the same benefice in acknowledgement of the erecting founding or endowing thereof but for any portion of Tyths to him or his he could neuer retain any nor can to this day neither yet can the Bishop himselfe vnlesse perhaps he will be like to Ananias and Zaphira ActoruÌ„ 5. which held part of the price of their ground from the Lord and were worthily punished for the same And as they cannot detaine it themselues being spirituall men so much lesse can they passe it ouer to any Lay man for that Lay people neither by Gods Law neither by the Canons and Decrees of the Church were euer capable of them yea it was so Ca. quamuis de decimis ibi Abnum 5. far off that euer any Bishops durst infeoffe any Lay man in Tythe that who so did it was to bee deposed and excommunicated vntill such time as hee restored the same to the Church againe And to say the truth Tythes were neuer Caâ—â—a nobis de decimis at any time in Bishops as in Fee but in vetie few cases as were the Bishop had a Parish himselfe distinct from other Parishes for sundry Bishops in sundry places had so and then the Tythes of the Parish did belong vnto them in such sort as they doe now belong vnto the Incumbents thereof Or if the Tythe were not within any Parish for then in like sort it did belong vnto the Bishop of the Diocesse in whose Territorie it was albeit now within this Realme it belongs vnto the King Or where the Parishes were vndistinguished for then were they the Bishops not to conuert vnto his owne vse but to diuide among the Ministers and Clerkes which laboured in the Diocesse vnder him in Preaching Teaching Ministring of the Sacraments and executing of other Ecclesiasticall functions euery one according to his desert Or that it were the fourth part of the Tythe for then did it belong to the Bishop in Law towards his owne reliefe and the repayring of the Parish Church where they grew and not to confer or bestow the same as him thought best which notwithstanding now also is growne out of vse and nothing left vnto the Bishop from the Churches of his Diocesse beside his Procurations and Synodals to be paid by the Incumbents in the time of his Visitation Beside which cases it cannot bee found that euer any Bishop had to doe with Tythe much lesse to alyen dispose and transferre the same as him listed and to whom him listed For it is verie certaine Bishops indowments themselues in the beginning of the Primitiue Church stood not in Tythes but in good Temporall and finable Lands which gratious Princes and other good benefactors of former Ages C. de sacro sanct Eccl. de EpÌ„is clericis tot titul bestowed vpon them as it doth appeare out of the first booke of the Code whereas sundry Lawes of Constantine the great and other gratious Emperoues euen vnto the time of Iustiman himselfe are recorded both for the conserring of Lands vpon the Church and those such as should neither be barren neither charged with Statutes or other debts of the Exchequer as also for the conseruing and Authent mâ—lto magis C. de sacro sanct Eccle. safe kéeping of such Lands as were in such sort conferred and bestowed vpon them is manifest also out of our owne Stories both in Britans time during whose Raigne there Iocelin of 〈◊〉 in his booke of British Bishops Stow fol. 37. are reported to haue beene fiftéene Archbishops in the Sea of London well indowed with possessions and if they were Archbishops then must necessarily also follow there were Bishops for that these are respectiue one to the other The like is written of the Sarons Raigne vnder whom the Hen. Huntington lib. 3. Sea of Canterburie the Sea of London the Sea of Rochester and the Sea of Yorke for these foure were first set vp againe after the Sarons first receiued the faith at the Preaching of Augustine Melitus and Iustus Paulinus are namely reported to haue béene inriched with large Dominions Charta regis â—theâ—be â—i charta Wiâ—l primi Stâ—w fol. 77. and possessions giuen to euery of them for their maintenance And what course hath beene held with Bishopricks erected since the Conquest the ruinated state of them and others doe shew among whose auncient liuelod is not to bee found any indowment by Tythes but such as of late haue come vnto their hands and that for the most part by change of their good finable Lands for impropriat parsonages And therefore much to blame are some of our time who whenas their predecessors in former ages neuer admitted of any impropriat parsonage into their possessions but only in such cases as haue béene before remembred for the name and place of a Bishop will be content to make Glaucus change with Diomede that is giue Homer Illiad 6. their golden Armour for the others brasen Armour or doe like as Roboam did who in sted of the golden shields that his Regum 1. c. 1â— father Salomon did hang vp in the Temple put in their places Shields of brasse for the change is no better and so well know they that procure the same otherwise would they neuer so instantly desire it And therefore an vnsutable deuise was that and contrary to the course of former Ages which was procured in the first yeare of the late blessed Quéene not as I thinke by her owne séeking for she good Ladie did in this as she was directed but vpon some other policie that it should bee lawfull for her to take away so much fineable Lands from any of the Bishops as her pleased and to giue them back againe in lieu thereof Tenths or Parsonages impropriat which hath patcht them vp againe but with vnsutable péeces to their coate whereby they are both brought into obloquie as though they detained the due prouision of the Parochian Church from it and are set in a way ready to be ouerthrowne if euery bird haue his owne fether againe Authent de noÌ„ alienand aut permutand reb Eccl. c. § si minus And therefore those good
Penalties That such sentences that are giuen against the Exchequer may be retracted within thrée yeare following although ordinarily all other Sentences are irreuocable after ten daies neither can be reformed after that time either by rescript of the Prince or by pretence of new proofe Of the goods of such as exchet by reason they haue made no Will and of the goods of Incorporations that is of such as dye without Heires that they come not to the common banke of the citie but that they exchet vnto the Prince Of Promotors by whose information any goods are confiscate either by reason of the goods themselues as that they are adulterine or that they are prohibited to be exported or imported or vpon some other like cause or by reason of the persons that haue offended and crimes wherein they haue offended and their punishment if they giue in any wrong information or other then such as they are bound vnto by vertue of their Office and that they giue no information in but by aduise of the Attorney of the Exchequer and that they make no information against their Lord and Master but in case of Treason that it shall be lawfull for no man to make suite vnto the Prince for those things that are confiscated vnto the Exchequer as though it were more Honorable for the Prince to bestow such things on his Courtiers then to kéepe them to himselfe and therefore such as are the Princes Secretaries his Masters of Requests and others that are of his remembrance are forbidden to make any Acts Instruments or other writings hereof vnlesse the Prince of his owne motion and at no other mans suite will or commaund the same Of such as put themselues into the Exchequer vpon any confession made against themselues Of such to whom the Prince ioyntly hath giuen any farme or like thing that where one of them dyeth without an heire the other may succéed him Of Treasure found that the Exchequer be made acquainted with it and that if it bee found in a publicke place halfe goeth to the Exchequer the other to the finder but if it bee in a priuat place then halfe to the Lord of the soyle and the other to the Finder Of prouision for Corne and such other like Of Tribute which was an ordinarie payment Of imposition and super-impositions which were paiments laid vpon the subiect aboue ordinarie tax for some present necessitie to which charges the ordinarie tax doth not suffice which was not to bee done but vpon great and vrgent cause by a councell called together and with the consent of the subiect Of Collectors of the Subsidie and in what manner they are to bee collected and brought into the Exchequer and of the punishment of those that in the collection thereof extort more than is due that it shall bee lawfull to distraine for Tribute vnpaid that such acquitances as the Exchequer shall deliuer vnto the accomptants shall bee their full and finall discharge and that the Subsidie Bookes shall euery quarter bee sent vp into the Exchequer with the account of the Collectors that thereby it may appeare how much euery man hath paid or oweth vnto the Exchequer and that nothing may bée doone for the grieuance of the poore or the fauour of the rich Of the booke of accounts of yéerely gifts that commonly Subiects present vnto the Prince at New yeares tide and otherwise and that they bee diuided from the accounts of the Exchequer That no man bee fréed from the payment of Tribute Of spending out such ancient graine and other like prouision as is laid vp in the common store-house and making prouision for a new and compelling the subiects such as haue plentie of such graine if it happen to bee vinoed and mustie to buy the same that the whole losse thereof may not lye vpon the Exchequer What pension such Mannors as the Prince hath giuen or released from payment of Subsidies shall giue and that no man bee so hardy to beg such a matter of the Prince lest the reuenews of the Exchequer be thereby diminished Of Mannors that haue béene translated from the payment of one kind of prouision to another or that haue béene in their taxation ouer rated Of Brasse that Minerall Countries are to yéeld or money in lieu thereof Of Controllers whose Office it was to cast ouer againe such accompts as were brought into the Exchequer or to examine them a new least perhaps there might bee an errour in them And so far as concerning those things which doe appertaine to the accompt of the Exchequer or the patrimony thereof or such pensions or payments as are due vnto the same Now followeth the other part of this tenth Booke which containeth the burthens duties or offices imposed on the subiect by the Exchequer and what excuse the subiect might alleage in this behalfe Burthens or dueties were either personall as places of Honour which were not to be continued from the father to the child or they be Patrimoniall which are charged vpon mens inheritance either for the good of the common wealth or to inrich the Exchequer against dangers that are like to insue which are vndertooke and performed either by those which are of necessitie to obey that which is inioyned them or by those which offer themselues voluntarily therto which seldom happeneth in patrimonial charges but in matters of Honour and Personall seruices it many times commeth to passe that men excuse not themselues from bearing of Offices or doing of Personall seruices although they haue an immunitie from them either by the graunt of the Prince which is to be vnderstood of extraordinarie seruice only and not of ordinarie or by the benefit of the Law for by the law men are many times vpon iust causes excused from Personall seruices so it be not from such seruices as no man can excuse himselfe from such as are Postings and carriages when the Prince passeth by or the Tenure of his Inheritance doe so require it and the erecting and repairing of Bridges Waies and Wals the prouision and carriage of Corne and other like kindes necessarie for the maintenance of the Princes house Men are excused either generally from all kinds of seruices or particularly from some as all Minors specially such as are Students in any famous Vniuersitie whilest they giue themselues there vnto their booke are excused fron all Personall seruices but not from Patrimoniall seruices as also all old men of the age of seauentie yeares and vpward all professors of Liberall Sciences whereby the common wealth is benefited all professors of Phisick Grammer Oratorie or Philosophie so they bee allowed by the Magistrate and seauen skilfull men in the profession which they make shew of and bee not Supernumerarii or aboue the number of those that are to be allowed in which number are neither Poets or Auditors they are also excused which vpon iust cause are dismissed either out of the Army or out of the Schooles either for lack of
of them or charge them aboue that which hath bin couenanted betwéene them as Tribute and Head-siluer to the common wealth for the declining of which and auoiding of necessarie seruices of the common wealth as no man can put himselfe vnder the patronage of any Noble man so also they cannot bee called from this seruice of the common wealth to any other Country men such as were addicted to the ground they tilled although the ground were their owne yet could they not sell it to any man but to him that was of the mother village wherein himselfe was A Mother village was that whence all the villages round about were deriued Although all such husbandmen as dwell in any village are to pay Subsidie for such goods as they possesse or such Lands as they hold yet one neighbour is not to be disquieted or arrested for another mans due for that it is a thing vnlawfull to trouble one for another or not to cesse men indifferently according to the value of their Lands and the worth of their goods And therefore the Romanes in rating of matters of taxes had first Cessers which rated men according to that which they thought their state to be then had they Leuellers or Surueyors which consired the rate set downe mended it and made it euen easing such persons or grounds as were ouer-rated and charging more déeply such others as were ouerlightly taxed procuring such grounds as were wast and barren should be brought to tyllage and that the barren should be ioyned with the fruitfull that by such meanes the Prince might receiue subsidy out of both March grounds such as lie in the bounds of any kingdome serue for the maintenance of such garrisons as are there placed for the defence of the Marches and such as hold the said lands are to pay an yéerely prouision or pension for the same as also the Princes pastures woodes and forrests which are let out vpon a certaine yéerely rent eyther for a certaine time or in fée farme for euer which in respect they pay an ordinary payment to the Prince eyther in money or in prouision are discharged from all other ordinary extraordinary burthens Publike things are those which appertaine to the Exchequer or to the Church which may in like sort be rented out for a season or for euer as the possession of the Exchequer may so it be done to the certaine benefit of the Church and vnder such solemnities as in this case are required otherwise it cannot be let out but for 30. yeares or for thrée liues Fée farme is when lands and tenements or other hereditaments are let out for euer vnder a certaine yearely rent in reknowledgement of the soueraigntie thereof belonging still to the first Lord whereby both the right and possession passeth to the farmer in fée The third and last of these Bookes treateth of the honors that the Exchequer giueth of which the first and chiefest was the Pretorship which anciently was a great dignitie but after became an idle name only a burthen to the Senators as in which at their owne charges they were to set out playes and shewes and gaue vnto the Emperor in consideration of his or their glebe land a certaine quantitie of gold called Aurum glebale or if they had no glebe land then offered they to the Emperor an other péece of gold called Follis aurea both which afterward were taken away Next was the Consulship which was not to be sought by ambition or by scatering money among the people but by cléere suffrages and desert After the Consulship came in place the Constable or Master of the Soldiors and those which were called Patricij for that their fathers had bin Senators whose place vnder Augustus was equall to the Consuls although they were in no office and function of the Common wealth the other is not so much an administration as a dignitie as the Senatorship aunciently was into the which who that were admitted were accompted as Parents to the Prince and Fathers to their Countrey Fourthly in place were the Princes Chamberlaines who were adorned with sundry priuiledges and had the title of honor Fiftly followed the Treasurer who was Master of all the receits and treasure of the Prince publike or priuat of all such officers as were vnderneath him Then the Prenotarie chiefe notarie or scribe of the Court who for that he had the preheminence aboue all the Gentlemen of the papers whom we now call Secretaries was called Primicerius of the Gréek word _____ which signifieth waxe which is interpreted a waxed Table in which aunciently they did write After him that was first secretary there was an other called second Secretary and so after other Clerks of the Counsell who were not all in one degree but some were first some were second and so in order as their person place and time did require Ouer which was the Master of the Rols who now is called Chauncellor and such as are of the Princes priuie Counsell or assessors of his priuie consistory wherin he heareth ambassages and debateth of the greatest affaires of the state and other waightie matters The President or Tribune of the Scholes where young men were trayned vp to feates of armes The Martials or Presidents of Militarie affaires the Phisitions of the Princes bodie Constantine in olde time honored with the title of Earles as he did the rest of his chiefe officers but now they are without the dignitie of that title The Earles of the Countries who gouerned the prouinces or shires wherof they were Earles Professors of Law other sciences twentie yeares together deserued by the law to be made Erles The Porters of the Court and the Princes watch which watched nightly for the defence of his body the gard or protectors of the Princes body their Captaine among which were chiefe the Standerd bearers as in whom the Prince reposed most trust and vsed them chiefly in all matters of danger Next vnto the Chauncellor or Master of the Rolls were the Clerks and others that serued in the Rolles in which the decrees and rescripts of the Prince the Supplications of the subiect the orders therupon set down are recorded laid vp kept as the rols of Remembrances of Epistles libels ordinances gifts giuen by the Prince and such like besides such as serue the Prince not in matters of learning or war or the pen or other like places aboue named but in actions of the common wealth and in publicke offices eyther of peace or war and their Presidents or gouernors among whom are Postmasters to whom the care of the publike course doth appertein the Tresurer of the chamber who hath the keeping of the priuie purse and such things as come to the Prince by the way of gift The Master of the horse his Queries and riders the yeoman of the Styrop and the Princes footemen The Castillians or officers of the houshold which were part of the Princes family appointed for
and other of like nature according to the learning of that Law but these are certain accidents ouer and beside the Tenure of the land which may be present or absent without the iniurie of the Tytle as God many times turneth floulds into wildernesse springs of water againe into drinesse a fruitful land makes he barren for the wickednesse of them that dwel therin and yet the Tytle or Tenure of the ground is not changed by these changes of qualities but remains the selfe same that it was so that these things are no more subiect to the ordering of the Common Law than it is in the Cōmon Law to iudge determine what mould is white what is black what ground will beare wheat what barley what oats for these things are no matters of skil of law that they néed to be fetcht out of bookes but they are matters of common experience which euery country man can as well skill of as the greatest Lawyer that is and therefore the Law in this case is not desirous of any curious proofe but contenteth it selfe onely with the depositions of two or thrée honest men which speak sensibly and féelingly to the point that is in hand which is enough to direct any wise Iudge in his sentence so that it néeds not these long circumstances of twelue men to teach the Iudge what and how truely the witnesses haue deposed For if euery qualitie of the ground resteth in the mouth of twelue men onely then should no man bee able to say out of the mouth of a witnesse and pronounce thereupon this ground is mountaine this is plaine this is meadowe this is errable vnlesse he were warranted by the verdit of twelue men therunto which if it be an absurditie to hold then sure it is like absurd to say that barren heath and waste cannot bee pronounced without a Iurie for that these things are like obuious to sence and like qualited as the other are And I pray you when they haue drawne it vnto their triall what doe they in effect otherwise than the Ecclesiasticall Iudge would or should haue done if it had remained stil vnder him for doe they giue credit simply to the conceit of the Iurie as touching that which hath béene declared and pleaded in the cause before them or doe not the Iudges themselues rather make a briefe of all that hath béene pleaded in the cause before them and thereof make as it were a verdit and put the same in the mouth of the twelue for their verdit before they goe from the bar So that the whole weight of the cause standeth rather in the Iudges direction in such sort as it is at the Ecclesiasticall Law than it doth in the mouth of the Iurie for the Iurie men for the most part are simple people scarce foure of the twelue vnderstand their euidence so that it may séeme rather to be a matter of supersluitie than of good policie to refer a matter to their verdit when as they say no other thing than that the Iudge taught them before Stultum enim est id facere per plura quod fieri potest per pauciora for albeit perhaps some capricious fellow of the Iurie vpon the confidence of his owne braine sometimes start aside from that which the Iudge hath told him and draw the rest of his fellowes as so many shéepe after him yet for the most part the Iudges voice is their direction their loadstone and and North pole to guid them in this businesse Besides in this Prouiso as in some other precedent there is a great disaduantage offered to the Clergie which they much complaine of and that is that in cases of this nature they are compelled to suffer triall vnder them who are as in a maner parties vnto the suit by reason of the interest they haue therein either in present or in consequence so that many now a daies learning too late by other mens harmes what the euent in theirowne cause wil be chuse rather to loose their right than to venture their cause vpon such partiall Iudges as the 12. men are And so far as concerning those prohibitions as are forced out of this Statute for naturally they grow not out thereof so that I might now passe ouer to the other branch of my diuision that is of such matters as are now held by the Common Lawyers to be in a certaine measure only of the Ecclesiasticall procéeding but were aunciently wholy of the Ecclesiasticall cognusance but that the name of the Statute De Sylua caedua offering it selfe vnto me in the conclusion of this Statute of Edward the vj. giues me occasion to speak something thereof before I come to the rest This Statute as the words thereof doe shew was made in behalfe of the Laitie against the Clergie for the exemption of great Woods of xx yéeres growth vpward from the payment of Tythes and that in three cases only where the wood was great where it was of xx yeares of age and vpward where it was sold to Marchants eyther to the profit of the owner himselfe or in ayd of the King in his warres so that without these cases it séemeth the Statute intended no further exemption for Statutes are things of strict Law and are no further to be extended than the words thereof giue matter thereunto specially when the thing it selfe naturally was lyable to ordinary course of the Law as other things of like nature are and the statute comes in derogation of their ordinary course as in this case great timber auntiently was no lesse tythable than small trées are and so by nature ought to be if the statute were not to the contrary yet notwithstanding these limitations of the same if great wood be cut down to any other vse then to sale as to build or to burne to a mans owne vse a prohibition in this case lyeth and yet is there no Identitie of reason to extend it nor any absurditie would follow if it were not extended for here is neither mony sought which gaue occasion vnto the Lawgiuers to make this statut of exemption neyther is it an vnnatural thing for to pay Tythes of great wood for before this time they were paid and by the Law of God it séemes they ought to be paied for that he that is taught ought to communicate to him that teacheth him in all things and therefore since the reason that moued the Lawgiuers to order it so in one case ceaseth in the other there is no reason of extention when there is not an Identitie of reason in the things that are in demaund there can no sound inference be brought in from the one to the other for of seuerall things there is a seuerall reason and a seuerall consequence neyther can there be framed thereof a good implication eyther positiuely or remotiuely neyther hath this interpretation of theirs any warrant of Law for it saue that it hath bin so defined and decided