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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A43077 A treatise concerning statutes, or acts of Parliament, and the exposition thereof written by Sir Christopher Hatton ... Hatton, Christopher, Sir, 1540-1591. 1677 (1677) Wing H1142; ESTC R14799 17,009 104

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be taken for Equities because former Laws or former Statutes left them not altogether unpunished whose Opinion I think to stand good at this day CHAP. VII Of Statutes that must be taken strictly NOw to speak of Statutes that are taken strictly it may be briefly done for all must be taken within the compass of their own words which have not some warrant by Law or by good reason to be taken by Equities And yet to handle this matter somewhat more specially I agree that those Statutes which are grievously Penal and those that derogate from the Common Law and those that save not in their general disposition persons commonly in all Laws favoured as Infants Femes Covert Men beyond the Seas Men in service of their Prince such as are imprisoned such as are of Non sane memory must be strictly taken except there be especial Warrant to take them by Equities Likewise those Statutes that go to the abridgment of Fines because they are devised for general repose and secure contentment which amplifieth every good gift that God giveth to man As the Statute of Westm. 2. concerning intailed Lands saith Si finis super hom tenementa levetur sit ipso jure nullus Here nullus is restrained to the right of the intail and finis is aliquis to other intents for it is discontinuance of the possession The Statute of 32 H. 8. cap. 33. ordaineth That no dying seised of a Disseisor shall toll the entry of him that right hath except the Disseisor had peaceable possession by the space of five years yet if an Infant Abator die seised within five years he in the reversion or the remainder cannot enter The Statute of Glouc. cap. 3. saith In like manner be not the Heirs of the Feme after the death of the Father and Mother barred of Action to demand the Heritage of his Mother whereof no Fine was levied These words whereof no Fine was levied are not suffered to go at large to corroborate a Fine levied by the Father only but is restrained to a Fine levied by Father and Mother The Statute of 32 H. 8. against those that buy Titles shall not be expounded by Equity neither the Statutes that give Attaints The Statute De malefactoribus in parcis is not extended Ad malefactores in forestis The Statute of Westm. 2. cap. 40. ordaineth That where the Baron alieneth the Land of the Feme Non differatur secta mulieris post obitum viri sui per minorem aetatem haeredis qui warrantizari debet This haeredis might extend to the Heir of any Alienee but it is restrained to the Heir of the Baron only and if the Heir of any other Alienee be under age the Suit shall not stay Every private Statute must be taken strictly especially if it be penal Therefore if a Statute be that all Estates of Land to a certain man made shall be void to him and to his Heirs and an Estate is made to him and to his Feme and the Feme survive his and her son shall inherit as Heir unto her for Statutes private and particular Customs are in like degree and as Civilians say Statutum consuetudo pari passu ambulant And therefore if there be a custom in some place that an Infant may make Feoffement at 15 years of age as I take it some such custom is in England this shall not be extended to a release to be made by an Infant in that place by force of that custom All Statutes appointing a thing to be done in a form must be strictly taken touching the observance of the Form and circumstance specified and therefore the Statute that giveth power to Auditors to commit to the next Gaol Accomptants found before them in Arrerages saying Per testimonium Auditorum mittantur proximae Gaolae is strictly taken both in the number so that one Auditor cannot commit and in the Gaol so that he must be sent unto the next Gaol though it be in another County The Statute of 21 E. 3. provideth that error in the Exchequer shall be corrected and amended before the Chancellor and Treasurer and therefore the persons named and no other may correct and amend it in any other Court. For Statutes in the affirmative imply a negative when they be constitutive of new Law and there is no Law nor Statute beforehand to the contrary thereof but where there is a former Statute or Law contrariant it is not taken away by implying a negative in an affirmative as 27 H. 8. Wales was united to England and 34 35 H. 8. Authority was given to the Justices in Wales affirmatively giving them Jurisdiction to try all Penal Statutes This taketh not away the Authority that Judges had before in other of her Majesties Courts And though some say that a Statute in the affirmative defeateth nothing yet am I not of their mind for the cause and reason aforesaid And further because I know the Statute of 21 H. 8. gave the King the possessions of divers Colledges in such state as they then were and though the possessions of some of them came not to the Kings hands three or four years after nevertheless all the Leases granted between the time of the Statute and the Kings entry are void by this Statute So that this affirmative defeateth with great reason for when the Statute had settled in the King the right title and interest of those Lands that appertained to those Colledges it was great reason that the Leases of other men out of whom the right was passed away and devested should be void and of no force Books Printed for Richard Tonson MArches Actions for Slanders and Arbitraments the first being a Collection under certain Heads what Words are actionable in the Law and what not Where an Action De Scandalis Magnatum will lie and of the nature of a Libel The other shewing what Arbitraments are good in Law and what not with all sorts of Presidents for the same and variety of Pleadings And also certain Queries with the Books cited Pro Con very useful for Students in the Law By J. M. of Grays-Inn Barist Price bound 3 s. Reports or New Cases taken in the 15 16 17 and 18 years of King Charles the First By Jo. March of Grays-Inn Barist Price bound 3 s. 6 d. Transactions in Chancery both by Practice and Presidents with the Fees thereunto belonging and also special Orders in ordinary Cases By William Tothil late one of the Six Clerks Price bound 1 s. 6 d. The Courtiers Calling Shewing the ways of making a Fortune and the Art of living at Court according to the Maximes of Polity and Morality in two parts The first concerning Noble Men the second concerning Gentlemen by a person of Honour Price bound 1 s. 6 d. Lately Published The Art of making Love or Rules for the Conduct of Ladies and Gallants in their Amours Price bound 1 s. Don Carlos Prince of Spain a Tragedy as it is acted at the Dukes Theatre written by Thomas Otway Price 1 s. Titus and Berenice A Tragedy as it is acted at the Dukes Theatre with a Farce called the Cheats of Scapin Price 1 s. The Portugal History or a Relation of the Troubles that happened in the Court of Portugal in the years 1667 and 1668 In which is to be seen that great Transaction of the Renunciation of the Crown by Alphonso the Sixth The Dissolution of his Marriage with the Princess Maria Frances Isabella of Savoy The Marriage of the same Princess to his Brother the Prince Don Pedro now Regent of the Realm of Portugal and the Reasons alledged at Rome for the dispensation thereof By S. P. Esquire Price bound 2 s. 6 d. All sold by Richard Tonson at his Shop under Grays-Inn Gate next Grays-Inn Lane FINIS 1. 2. 3. 4. 5. 6. 7. 8. 1. 2. 3. 4. 5. 2. 3. 4. 1. 2. 6. 3. 4. 1. 2. 1. 2. 3. 4. 5. 7. 8. 1. 2. 3. 4. 5. 1. 2. 3. 4. 5.