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a13252 A briefe treatise of testaments and last willes very profitable to be vnderstoode of all the subiects of this realme of England, (desirous to know, whether, whereof, and how, they may make their testaments: and by what meanes the same may be effected or hindered,) and no lesse delightfull, aswell for the rarenes of the worke, as for the easines of the stile, and method: compiled of such lawes ecclesiasticall and ciuill, as be not repugnant to the lawes, customes, or statutes of this realme, nor derogatorie to the prerogatiue royall. In which treatise also are inserted diuers statutes of this land, together with mention of sundrie customes, aswell general as particular, not impertinent thereunto: besides diuers marginall notes, and quotations not to be neglected, especially of Iustinianists, or young students of the ciuil law: vvith two tables, the one analyticall ... the other alphabeticall ... By the industrie of Henrie Swinburn, Bachelar of the Ciuill Lawe. Swinburne, Henry, 1560?-1623. 1591 (1591) STC 23547; ESTC S118058 497,477 642

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the 1. Executor or legatarie § 7. 8. 2. The thing bequeathed § 10. 3. Date of the testament § 11. 10. Of imperfection which is either in respect of 1. solemnitie § 12. or 2. will § 12. 11. The testator hath no meaning to make his last will as when he speaketh vnaduisedly § 13. iestingly § 13. boastingly § 13. 2. Being good at the beginning is afterwards made voide eyther in respect of 1. The whole testamēt as by 1. a later testament § 14. 2. reuoking the testament made § 15. § 16. 3. cancelling the testament made § 15. § 16. 4. alteration of the state of the testator § 17. 5. forbidding or hindering the testator to make an other Testament § 18. 6. refusall of the executorship § 19. 2. Particular legacies only which thinge doth happen by diuerse meanes whereof some haue relatiō to 1. the fact of the testator as by 1. ademption of legacies §§ 20 21. 2. translation of legacies §§ 20 21. 2. the fact of the legatary as if the legatary 1. become enimie to the testator § 22. 2. accuse the testament of falsitie § 22. 3. refuse to performe the charge imposed in respect of the legacie § 22. 4. apprehend the legacie of his owne authoritie § 22. 5. die before the legacie be due § 23. 3. other occasions especially if the thing bequeathed be destroied § 24. To the Reader GReat and wonderful is the number of the manifolde writers of the Ciuill and Ecclesiasticall lawes and so huge is the multitude of their sundrie sorts of bookes as lectures councels tracts decisions questions disputations repetitions cautels clausules common opinions singulars contradictions concordances methodes summes practickes tables repertories and bookes of other kindes apparant monuments of their endlesse and inuincible labours that in my conceite it is impossible for any one man to read ouer the hundred part of their works though liuing an hundred yeeres hee did intende none other worke Wherfore by the publishing of this testamentarie treatise I may be thought to powre water into the Sea to carrie owles to Athens and to trouble the reader with a matter altogether needlesse and superfluous But yet for all this in case this one litle booke may serue in steed of many great volumes then I hope that in the equal iudgement of such as be indifferently affected the same is rather to be admitted as commodious then reiected as superfluous And nowe beleeue me gentle reader I haue desired earnestly and endeuoured carefully according to the measure of such slender skil as God hath vouchsafed me and as conuenient leisure from other occasions of needfull profite and healthfull disport haue permitted that this one litle booke which heere I do present vnto thy courteous handes may stand in steed of many bigger bookes The causes wherefore the Author of this booke vndertooke this worke For whereas by the supreme authoritie and inuiolable power of the high court of Parliament holden in the xxv yeere a) Stat. H. 8. an 25. c. 19. of the reigne of the most renowmed King of this lande Henrie the eight of famous and happie memorie It was enacted and established amongest other Statutes then made and since that time reuiued in the first yeere of her Maiesties b) Stat. Eliz. an 1. c. 1. most gracious reigne that nowe is that such lawes ecclesiasticall being then alreadie made which bee not hurtfull or preiudiciall to the prerogatiue roiall nor repugnant to the lawes statutes and customes of this Realme shall still be vsed and executed as they were before the making of that acte vntill such time as they were viewed searched or otherwise ordred or determined by two and thirtie persons or the more part of them according to the tenour fourme and effect of the saide acte Which lawes so established reuiued and confirmed and not without good cause and deepe consideration in diuerse statutes made during the reignes as well of the saide most noble king Henrie the eight c) Stat. H. 8. an 27. c. 20. an 32. c. 7. as of the most godly prince Edwarde the sixt d) Stat. Ed. 6. an 2. c. 13. are termed or intituled for the more honorable account thereof with the reuerend and sacred name of the Kinges ecclesiasticall lawes Like as in those countries and Churches of Germanie which haue receiued the Gospell the Canon lawe is admitted and obserued so farre foorth as it is not repugnant to the newe Testament e) Schuediwinus Tracte de nuptijs part 4. tit d diuort●● n. 13 fol. 48. and is at this day the Ecclesiasticall law of their consistories Whereas also the Ciuill law euer since the Ecclesiasticall law was made had beene deemed and iudged for part and parcell of the same Ecclesiasticall law in cases wherein it dooth not differ from the same f) c. 1. de no. op num c. clerici de iud extra c. f●●n auditorium dist 10. §. si vero ecclesiasticum in Auth. vt clerici apud propr Episcopo● For where these two lawes be not contrarie the one is suppletorie of the other and being mutually incorporated doo both make one bodie g) Panor in d. c. 1. de no. ●p num Valquius de success creat lib. 3. §. 26. n. 70. Benedict Cap●a Thesaur com op verb. leges fol. mihi 4●3 n. 23. otherwise the Ciuill law being contradicted by the Ecclesiastical law ought to be silent in the Ecclesiasticall court h) d. c. 1. de no. op nun gloss in c. 2. de arb lib. 6. Arc. in d. c. clerici de iudic extra quae sensentia communiter approbatur teste Benedict Capra vbi ●●pra And forasmuch as these foresaide lawes haue not as yet beene viewed searched or otherwise ordered or determined by xxxij persons or the more part of them according to the forme and effect of the foresaide act of Parliament which thing neuerthelesse hath beene I confesse attempted i) Vide licet per Gualt Haddon legum Doctorem consul●● omnium quos vnquā tulit Anglia legistarū dis●●●simum lib. de Reformatione legum ecclesiastic yet not so sully effected but may bee and that shortly if God vouchsafe prosperous successe to that notable and profitable worke of that graue and learned man Doctor Percie now well towardes accomplishment By occasion of which defect of the viewe examination order or determination of the saide two and thirtie persons those Ciuill and Ecclesiasticall lawes testamentarie not repugnant to the lawes statutes and customes of this Realme are yet euen as hither to they haue beene scattered and dispersed here and there and secretly hidden from the subiects of this realme in corners of many bookes of straunge Countries and forreine language intangled also and incombred with long discourses of farre different argument and no lesse number of lawes vtterly impertinent to the gouernment of this common wealth so that the knowledge thereof 〈…〉 fewe in comparison of the rest whom otherwise I might