the Bishop Ordinary Because the great Minister of Decency or Judge of Order in Ecclesiastical Affairs These distinct Consistories are likewise Assis'd and Ascertain'd by our Saviours Comforting the Apostles against Persecutions of Delivering them up to Councils and scourging them in Synagogues several other Proofs I could bring to prove the Pontifical Jurisdiction But in so clear a Text 't were casting Water into the Sea Par. 53. Foreign Transactions Impleadable TRansmarine Contracts or Bargains made beyond-Sea are triable before the Constable or Marshal for the Admiralty is solely confin'd to the Sea Extra Corpus Comitatus out of any County Derogations of the Common Law Prohibitible But any specialty or Contract made for Payment of mony or Doing any Act wherein the Common Law can administer Justice Then by 8 R. 2.13 R. 2. and several other Laws neither Constable Marshal nor Admiral must intermeddle because Derogatory to the Law Paramount and they Act without Authority Therefore Countermandable by Prohibition Par. 54. Transmarine Acts how Triable IF any be kill'd beyond Sea an Appeal by 1 H. 4.13 H. 4. and the 25 Eliz. Douties Case lies by the Wife or Heir before the Constable or Marshal whose Proceedings are by Witnesses or Combat Pyracy with other Misdemeanours on the Sea belong to the Admiralty or Attaintable at Common Law by the Statute The same Law reaches to Ireland because but one Admiral in both Kingdoms So that the Law is Transcendently Compleat and Just Healing every Gangrene Perfectly but Pettishness and Malice Par. 55. Prejudice Requited BUT ruat Coelum all Excellencies must be strangled that stand in their way Transcendencies Devasted or laid waste that matches not their Froppishness without Droling well Apaid are some of both Professions for their spiteful Declaimings and snappings against Prelacy Thus the Law the Protectress of Life and Doneress of Fortune is well Rewarded not only a Mock with some Psalter Scholars but a by-word and Wake of Mirth with the Sisterhood I wish from my soul for their own sakes they would give over Tatling against Law and Pecking against Majesty SECT X. Par. 56. Murmurs against the Meritorious AS to the Exceptions against Minority that 't is Jeopardous to trust the State-Pinnace with a green-Headed Steerer By Copley's Case I agree it hath been Practis'd and some Colourable Reasons may be Render'd And the Practice not so Perilous because no Judges of Record though I fear the Law will hardly justifie it Infancy a Conceiv'd Disablement 1. In Common sence and Reason can it be Imagin'd that an Infant that cannot govern himself being so Adjudg'd in Law therefore uncapable of all Judicial Acts should be Ripe enough for Ponderous Affairs to personate his Country not only to bind Himself and them but likewise the whole Kingdom Why not Elective 2. If a Minor be Arrayed on a Jury He 's Challengeable much stronger must the Law be if Impanell'd on the grand Enquest of State If deem'd unfit to try a private Cause the Law can never be so weak as to adjudge him sufficient for the Exitus Reipublicae or publick Issue of the whole Nation therefore we may invincibly Conclude him non-Eligible because unserviceable Par. 57. Every Member a National Agent 'T Will be Reply'd having a free Choice they may send whom they please if their Grievances are lamely Represented or their Interest sorrily manag'd the Loss will be solely to themselves This is neither Law nor Reason I agree in Point of Freedom if I have Business to France I may send whom I please to Cross the Sea But if my Errand be of Importance and skill in Managing 't is no small Error to entrust a venterous undertaker without Language or Experience there being no thoughts but the business must miscarry Much more if of Publick Concern wherein a whole Nation must suffer what Discretion can it be to employ a Youth in Affairs that require the greatest Maturity For when Return'd and actually sitting he 's no Procurator for a single Interest but the universal the general Concern of England And therefore if nient suffisant not fully Accomplish'd according to the Summons he 's unduly Elected and Rejectible Par. 58. Mis-elections occasion'd by Treating of Tumults BUt how is the Law faulty if any Miscarriage they may thank themselves and not the Law being most Curious of publick Welfare Therefore if any Mischief 't is a Chick of their own Hatching for by the Directives of Law the choosing of les Grandees des Counties as the 27 E. 3. calls them should be De Probioribus Potentioribus the Civil'st and most Potent that is in suppute of Law the most literate and virtuous not the strongest in the Beef-pot or the most Powerful with the spells of Bacchus to Canvas and Feast Multitudes stuffing their Guts to idle Purpose and against Law to shout and bluster for them By which means the most Personable capable to serve may be beaten off the Pitt and so Bolted out Par. 59. Non-officiating an Abuser Inditeable or Expellable THE miscarriage is very bad for many out of Pomp and Vain-glory may covet to be Senators Who when they come to Act may altogether find themselves impatient of the life of State which is Diligence And never attend Plays and Taverns affording them no spare Time for publick matters which doubtless is redressable by Information or by vote of their own House either by Commitment or Expulsion for the neglect of their Office Par. 60. Diligence and Intendance Requirable by Law THis Cavil resembles Silenus Statue they can never be good Patriots that prefer Masquing and Bibbing before the Discharge of their Office Being sent to supervise that Ascanius live safe and Coridon at Hearts ease and non-Attendance hath been the loss of Monarchy But in this the Choosers wilfully Confound themselves by their Hastiness of not resolving upon a Stanch Senate Par. 61. The Qualification Non-Resiancy Dubitable IN Result of Law the Elected are the Chief Visitours of State and therefore ought to be Qualified as the 14 H. 8. describes some Professors Grave and sadmen well Experienc'd and Sober Most Pregnant and Prudent according to the 23 H. 6.15 the notablest Knights and Resiants from which two Doubts may arise 1. It may be quaeried whether any under the Degree of a Knight be Chusable 3. Whether Non-Commorancy be not a Non-Ability Rendring the Candidate unqualified and so uncapable to be Elected 1. To the first I conceive very clearly that the Law is not to be Taken literally Confining the choice to that Degree If the Election be made De magis sufficientibus of a Person duly Qualified it will be sufficient enough 2. For the second it may be doubted like that of a Jury which must be of the Vicinage Because presum'd to have the best Knowledge of the Issue and so most apt and Capable to be a Trier or Judge of the Fact The like in this Point some Conceive the Elected ought to be Commorant or Demurrant on or near
be Avoided As by a Case Concesso the Ancient Rent hath ever been in Gold and on a Renewing the Reserve is in Silver this variance in Quality only is enough to dash the Grant I find by an old year-book that at Common Law If one fell a Tree and at the same Instant carry it away the Law will charge but Trespass But if the Tree be suffer'd to lie some Time and then be ta'ne away the Prisant or Taking will be Death In brief Customary Lands not forfeitable for Felony as descendible Estates at Common Law but the Father to the Bough and the Son to the Plough with the severe tastes of the Cherry-Pitt and is marvellous Par. 112. The Female Inheriting masculine Reason Because Indulg'd by Law AT Common Law For the Females to have All by some Custom the Eldest by some by Right of Propinquity or Proximity of Blood the Youngest Alone And not the next Heir Male by Right of Honour or Course of Nobility to prevent Absaloms Bewailing and continue the Name and Memory of the Ancestour are the Stumbles of the Wise and Strange in Conscience Which put the great Judge to a non-plus in that famous Case of Salphaads Daughters and for a Decision enforc'd an appeal to Heaven Par. 113. Thirds the usual Joynture of the Common Law 1. AT Common Law the Wife Indowable only of the third Foot of the Tenements of which her Husband dy'd seis'd during the Espousals to hold in severalty during Life Which is but reasonable though she brought nothing a virtuous Woman being more valuable then Rubies otherwise in case of a rude or Careless Husband she and her Children may beg Par. 114. Dowable of the Moity by Custom 2. BY some Customs the Wife to have Half of the Lands which is not unreasonable it being Intendable not for her self alone to Gallant it to cast off the Children to moan for an Alms but to breed them in the Fear of God and when grown up and capable to settle them in civil Callings Par. 115. The Free Bench Indulg'd by Custom 3. BY the Bounty of some Customs to have l'entiertie or the whole without Paying one Groat of Debt with many is thought very unfitting and too large a Portion to be left at Liberty to marry again or turn Gallantress to undo Her self and beggar the Children which is directly against the Civil Law and the Canons of modest Reason One would think Dowment de la pluis Beale of the fairest or best Part should satisfie the Law and not suffer the Relict to swallow the whole This Favour of Law is call'd Frank Bank because the Free Gift or Provision of the Law without the Care and Contract of the Parent or Covenant of the Husband But this Boon of Law is without doubt violently intended to pay Debts for the mutual Benefit of the Children Neither can I Imagine any Reason but Equity may enforce it And not for the Wife to soop All and set it Flying idlely and lavishly in Mistressing or Masquing Imprisonable before the Debt be due 4. By the 5 E. 4. if a Debtor become incerti laris of uncertain Abode He 's Arrestable before the Day of Payment this seems against natural Reason for one through the variousness of Fortune may unavoidably be put to his shifts to abscond and live Privately on Purpose to satisfie the world the wearer best knows where the Shooe pinches every one is the best Justice of Himself and what will better his own Condition and therefore Hard to fore-Judge any mans Integrity till a Failer doth appear Contracts Obligable by Custom 5. By Custom if one Citizen be indebted to another in a single Contract it shall inure as good and Forcible as if by Bond and the Administrator liable which I find adjudg'd in point 37 Eliz. Nay this Custom shall bind Strangers To be Jury and Judge in their own Cause is Allowable by Custom 6. For the Metropolis or Head-City to certifie their Customs by the Recorder or their own mouths for 't is no better in effect without subjecting it to the Tryal of a foreign Jury whether Reasonable or no and so Judges in their own Cause is usual 'T is Conceiv'd not so full Justice to be Party and Judge in their own Concerns though Confirm'd by Statute doth not mend the matter for Acts of Parliament in Diameter or Thwarting natural Equity and Common Right and in several other Cases are void Ceremonies that gives more solemnity to Law Approvable 7. By the Course of some Mannors Sales not valid and of absolute strength in Law unless Presented at the next Court By 41 Eliz. it gives more notice of the Alienation and therefore the Custom beneficial and good Now should the Steward refuse the Presentment 't is scrupled what Remedy the Buyer may have against the Refuser or Seller the same of a Bargain and sale if the Clerk deny an Inrollment of the Deed to Compleat the Assurance what Relief the Bargainee shall have In both Cases I find the Law doubtful with a Caveat Emptor which is but cold Comfort and no satisfaction the Party griev'd will be forc'd to fly to Equity and take his Chance in Conscience which some think may pity his Case and give Relief The Remedy against the Vnjust and the Vncivil 8. The 41 Eliz. is silent of the sufficiency of the Law in both Points and leaves it as Casus omissus not thought on and unprovided for by Law But by the Favour of the learned Reporter I conceive the Law very Remedial in both Cases 1. To the Copy land the Acts of Law Requirable by the Custom on the Vendor's side are not sufficient till Perfected by the Presentment and the Acceptance of the Steward who officiates but as a servant and Removeable at will Therefore 't will be at the Peril of the seller if he Play the Jack there 's no sence why the Purchaser should be at any loss The like to the Clerk of the Inrollments 't is a forfeiture of his Office for Denying Justice to any in both Cases they are liable for what Damages the Abused have sustained through their Default If a Sheriff deny a Return or make a false one 't is vindicable by Action Nay a greater Minister of Justice then such petty Abjects as Green Bags or Black Boxes if He delay the Presentee in his Institution He 's Compellable by Law otherwise he might take Advantage of his own wrong an Absurdity the Law will not suffer A Bishop bound to shew the Cause of his Refusal For a shifting Plea He 's Amerceable 9. Neither is a Bishop by 32 Eliz. Allow'd to trifle with Justice for on a qua Imp. brought for Refusing a Clerk his Plea must be certain and full his bare Alledging that the Clerk is Schismaticus Inveteratus will not satisfie without shewing in Particular How and in what that the Court might with the Assistance of Divines determine the matter before them And therefore for a Dilatory Plea
Courts with meer Brables If they Doubt let them down with their Dust to the Noble Lawyers they 'l soon Resolve them Divinity is much in the Mother Tongue with Astrology and other Arts but who 's the abler Divine or better Astrologer if Coverted in Characters uncipherable by none but the Learned 't were the Better The Law not Blind-folded but visible to Discerning Judgments 2. That the Law is Lovely and out of Dispute a Paragon but Hooded too close and not Discernable by some open Eyes Is no Dis-worship and so slanderous Law-Terms words of Art and most significant The 36 of E. 3. allows of those Veils as Shades and Airs incident to Science vocables though obscure very Emphatical and most Expressive of the Law and best known to Lawyers the like in use with other Professions and so Incorporated with Law that they 're now become very Essentials therefore words of Art shall not be supply'd by words aequipollent or that tantamount to the same sense and force though in many other Cases it hold good For Example A. voluntarity without any Provocation or Abuse offer'd And of precogitated malice slew B. Is not sufficient in an Indictment in favorem vitae without murdravit In brief to throw by the Terms as too crusty for lay Teeth were an over-hasty Inspection And might Endanger the whole Firmament of Law Pleadings Graceful and most Necessary 3. For Pleading if meer Fidling and nugation strange the Ingenium sine Exemplo Maximum or Advocate Laureat at Common Law should Counsel the Student to set his Courage chiefly to learn the Art of good Pleading as the most Honourable and Beneficial Part of the Law The use of Pleas The Inveigler Imprisonable and Finable The end of Pleading is to unfold the Intrigues of the Case to Evidence the matter of Fact for Ex facto Oritur Jus that the Court might more smoothly and certainly Pronounce the Law If not pertinent and close to the Point in Debate Advantage may be taken by Demurrer And for the Falsity of the Plea the Judgment is Capiatur for which the Pleadant shall be Fin'd and Imprisoned But if Conscious of his Error He waive his Plea He shall only be in Misericordia or Amerc'd Fraud and Falshood Prohibited by Law Hence to avoid Fourching or Circuity of Action Negative Pregnants Departures with Duplicity and Multiplicity of matter are Rejected Because of Inveigling that is wavering the Judgment from one single Point which would render Causes vexatious and Endless The benefit of Pleading The Right Apparanted Many chance Cases happen which primâ facie seem Rugged and Knotty but thrown into Form and legal Method by orderly Pleading The matter is unknotted and appears more smooth and Glib for the Judge and Jury to arbitrate Justice Thus Pleading is no Inveiglement wasting of Time Pratling nor Prating But the chief Ornament and Skill of Law in unravelling the Knottiness to reduce it to an Issue The Law no Art without Form In brief Pettishly or sowrly for I find both Passions boiling Hot against the Lawyers to reject all Form were not only a great Take off and Lessening its true lustre and Dignity but on the matter doltishly Debasing it as no Science The Fairness of Legal Forms In E. 3. Reign Pleadings arriv'd to a Compleatness neither Limping nor Picked Counts were not Abateable if the matter or Cause of Action were fully Declar'd And now nice Janglings with all Ambushments pur Enginer the substance of the matter appearing are Rejected Viciousness in Pleading Disallowable 1. Every Plea shall be taken most strongly against the Pleader it being Presumeable that every one is best Apprised of his own Right 2. That none are so Idle and Coltish wilfully to vitiate their own Cause 3. That every one will turn the best side of his Coat outwards that is make the best of his own Case 4. By a false or vicious Plea the Pleadant loses the Advantage of the Law and must pay Costs Deluding Pleas Illegal Small Faults mendable By W. 1. shifting and beguiling Pleas are Prohibited and a late Act of the Qu. doth provide that want of Form shall not prejudice except what the Party Demurring doth specially shew so that Pleadings at present are not Prevarications or gingling quiddities meer Quirks or Quillets of Fraud But Forms of Art richly useful and more stately than Studs of Gold In fine Beau-pleader or Care in Pleading would prevent the Chancery of Trouble and save many sweet Pounds in the Clients Purse 4. By Arrest of Judgments many are thereby Dismis'd from being oppress'd the Circumstance of Fact by Error in Pleading more clearly Arising and Justice more safely and speedily Administer'd 5. For a Writ of Error which is no more then a Commission to discuss and reverse Mistakes I see no mischief thereby for the Manucaptors must stare Juri that is satisfie the Condemnation if the Judgment be Affirm'd neither will the Principal rendring his Body answer the Law without Satisfaction as in other Cases 6. The Inhibitions so much Exclaim'd on and voted obstructive by heady weak Judgments the Law is therein Defam'd because Mistaken for in their right Constitution they 're of admirable use and necessity To prevent Interfering of Courts keeping every Judicatore within its proper Bounds That the Cause be not wrested ad aliud Examen before a remediless Trier And the Client thereby between two stools fall to the Ground and be crush'd to pieces on good Cause shew'd that the Court has been mis-inform'd a Consultation by the 24 E. 1. is granted on Course and the Cause Remanded to its proper Court SECT VI. Par. 31. Complainings against Equity ADmitting the Common Law the Son and Heir apparent of Reason pretty Just and of easie Address the Courts of Equity with Dissenters are Burdenous sucking Shavers and gilded iniquity Being direct whirpools one order begets Another and we are still swung round Toss'd from Pillar to Post from Report to Exceptions Till our Pockets are turn'd outwards and at last Drown'd for want of white Earth to wade through For a Cause to be Depending several Revolutions of Mercury 3 or 4 Prentiships is frequent 'T is better to put up an Injury and throw our Right down Thames then pray Relief in Equity The charge so great the Delay Intolerable The Freekishness Responded For the sluggishness of Equitable Courts in Killing the Orator Piece-meal with swooning Fits and Reviving Him again as long as there 's any Life left in the Pouch is an ignorant Mistake They 're Rivers of Mercy in Asswaging the Grimness of the Law the Causes are often weighty having been long at Law and they usually put in at Equity for a Breathing as well as for a final Dispatch if they find some Pause they may fall out with their own Comitial Spirit or litigious Itch that will wrangle with Goliah for a wisp of straw not blame the Court that dare not to be over spurring in their Hearing lest they assign the Child
the Wiseman Silence seldom hurts but Openness is a certain Damage I shall therefore Conceal my thoughts and Conclude the Priviledge better Preserv'd then Expos'd to suspension or Dispute SECT X. Par. 70. Captious Brablings against Courtiers 'T IS pretended that some Courtiers are very strait finger'd no Holy-water gratis on free-Cost without some Pounds secur'd afore-hand And the Mediation costs more then the Sute is worth Tell them of a Prize huge kind and Courtly till the Business be well Beaten into their Heads then they fairly leave the Starters the Bag and Beg it for themselves shifting them off that they came to late the Birds were sold Their Ironies retorted or the Brabler muted I have heard such Jiggs have been danc'd and thought no Breach of Trust or Honesty only a Raillery of Wit or small Court Frolick to boast over a Bottle of Wine but rarely no Common Gallyard Let not the Right Noble Knit the Brow at these Carpings Railings against Eminency being the fifth Element and Odes of Course with loose Tongues for I know none Concern'd unless Soberness and Virtue the Ornaments of virility are Crimes unpardonable Par. 71. The Court Vindicated FOR Courtiers to be Broggers or Bargain-drivers is an Employment too much below Stairs for that noble Sphere but the Presents that we bestow for Doing of Courtesies 't were gross Clownship to stile them Exactions or Bribes only Civil Gratifications and reciprocal Dues for Benefits receiv'd For surely when the Fish is Caught with their Busses to fry some in their own Pan is not immodest nor unreasonable In fine it cannot enter into my noddle to conceive a Courtier bound to beg for another spend his Interest that should feather his own neast And not share in the Concession But to leave these little Slips the by-Corants or coarse Complements of some thin and hungry Stomachs the Gallant stand in too much Dread of the Throne of Honour to Commit a Rape on Honesty Par. 72. The Royal Liberties Justifiable FOR Court Priviledges that the Royal Waiters are excepted from the beastly Hugg without leave 't is but 1. Decent and 2. Just 1. 'T were very undhansome and low indeed most ugly and Contemptible that the Attendants on the Head should not be badg'd from the Common Crowd no more indulg'd and Respected in Law then a Ragman or a Tinker 2. In strictness of Right 't is but fit and suting that great Service for should Majesty be strip'd of his Servants without notice by that Liberty All by peace-meal might be catch'd from Him and so left alone in the Vocative Case to sing his vae soli without officers of State or Common Conveniency 3. If ordinary Members by Law claim these Priviledges much more may the Head all Priviledge being the Indulgence of Majesty Par. 73. To rectifie the Mistake A Place in the Family Royal is not altogether a bare Employment as to Common Subjects but doubtless in Law of State by Influx of Dignity an office of Honour And ought to be of note and value in Law otherwise Whitehall were in a sadder Condition then Courts at Westminster and elsewhere where the Officers are Priviledged because the Courts will not be depriv'd of their Waitings without notice Nay in Law some Advocates and their Clerks too are free from this ugly surprise of Arrests Certainly much juster is the Law to protect the Houshold Royal the least Disturbance there being a mischief universal For if the Head be at all Amiss the whole Body will instantly Complain Neither is the Priviledge clasped so fast but by Address on good Cause leave will be obtain'd with a nulli neg that the Law may reach them the Noble Judge of Appeals in these matters I conceive may adjudge of the Reasonableness of the Case for weighty Circumstances may still stave off the smartings of a Sute and continue the Protection without any offence to Justice Par. 74. No suspension of Priviledge I Have known it come in Debate in the great Hall whether the Priviledge out of waiting be then Prorogu'd or suspended and the Person Attachable without leave the Court was near divided some couceiving no notice or leave requisite Because then 't is Holy-day time with them and no Attendance is expected But the better opinion was clearly for the Priviledge nothing positively resolv'd only that the Priviledge of the Hostel Royal was no Venice-Glass dashable against the Walls And to be broken when every snuffey Confidence thought fit Strangers why Priviledged On this Reason of State and Prerogative of Honour are Embassadours with their Retainers exempted from a Capias and Protectible by the Lord Chamberlain In brief if the Priviledge fall out Inconvenient let the Folly hang on the right Shoulders for I know no Law that Enjoyns the Complainants to truck on Trust with Superiours Par. 75. The Priviledge not Dischargeable T IS generally but very groundlesly conceiv'd that the Priviledge may be wayv'd and null'd too by judicial Consent As by entring into a Judgment and the like And then the Person is laid open and may be Hors'd up at will the Lord Chamberlain hardly offended he seldom Protecting in such Cases 2. Misprision of Prerogative An abusive Error and most Injurious to the Droit le Roy as W. 1. terms it or Wounding of Prerogative for the Servants contrary to Oath and Civil Breeding to quit their Service without Request and leave 3. No nuller or even wayver of Priviledge justifiable in Law or State 1. In Law I conceive the Priviledge neither nullable nor even wayvable by an Act or Deed whatever Being ossibus Affixa as the Civilians speak indelibly Affix'd to the Person that without the Consent of the Lord Chamberlain it cannot be put off like that of the Priesthood which is held not Devestible no looking back without great sin sickness or Infirmity may Excuse Execution of the Office but not a voluntary Wayver 2. By the ordinary Rules of Justice every Common Interest keeps entire and whole without the Act of the owner no way vulnerable by a third Person Much more I hope the right of the Sovereign 3. The Party is under Bonds and not at his own Disposal therefore his Paravail Acts unjustifiable and void in Law 4. He that 's bound must obey and what obedience can he Render if Disabled But if bound and Sworn too how can he Disoblige himself without the Releasement of the Superiour to whom he 's tied without Breach of Covenant and violation of his Oath Indented Servants not Contractable As by a Case A. is obliged to B. to serve him sedulously such a Term the Obligee can hardly on any shift or Extremity waive the bounden Time but at his Peril must hold on and perform his Covenant Should he be so Dirty as to Contract with another 't is void Because of the Disability or prior Interest being not free to Indent And should any be so uncivil as to accept him 't is an Abuser of Justice and Rightble by
Receptacles of Gods Holy Spirit SECT VIII Par. 48. The whole Scheme of Law Disquisited and Affirmed LET Frumpers shut their Lips and forbear Carping at Lex Terrae or the Common Law of England that hath tenter'd the prime Wits of all Ages in Polishing and Trimming that 't is now a little Decay'd or at all out of Fashion needing a new Whamp or even an underlay is not Possible Examine the Law-Books they 'l Endure the severest Test some sneak'd out in Rude Times to prop up broken Printers may be flat and sapless But the licens'd ones the old Vouchers Codes gravely learn'd and Philosophical The meanest may well be Read by the Wisest being altogether Weedless The Vprightness of the Law The Common Pleas of Meum and Tuum or Commutative Justice are so Plain and Indifferent with a Saunce Regard de nulluy that hardly any Judgment so Hollow to open his mouth against it The Graciousness of the Law For those of the Crown the nicest Concern there 's no Law under Heavens of a greater Clearness than the Law of England without the Cruelty of the Torture or that which is near as Bad a tedious Languishment before offenders are call'd in order to their Deliverance Therefore Deserving better Language than some clamorous Aspersers are pleas'd to Afford it For Example An Indictment or Verdict that B. killed C. so Defended in Preservation of his own Life is not sufficient without Reciting the special matter That the Court might adjudge of the Inevitableness of the Necessity to direct the Iury accordingly Par. 49. Law the Pandect of Perfection IN fine without Playing the Panegyrick or Magnifier of Excellency the Law hath the Qualifications of an Angel in being on every side most Civil Reasonable and Honest 1. The Civility of the Law If the Defendant be summon'd to appear peremptory at a Day and mischances interpose as Mayhem sickness with other lets which hinder from appearance at the precise time if He appear by his Responselis or Attorney the Law hating surprise He shall be Essoin'd or excus'd from the Penalty of the Default and a longer Day granted Him And if an Essoin be once cast no ne Recipiatur can be enter'd only Adjourning it and looking to the Continuances 2. The Reasonableness of the Law One shall be Tenens per legem Angliae or Tenant by the Curtesie of a Rent though the Wife die before the day of Payment And of an Advowson though she slip away before the Avoidance Nay if the Advowson become void by Lapse during the Coverture and the Wife dies after the sixth months pass before any Presentment by the Husband And the ordinary Collares to the Avoidance yet the Husband shall have the Benefit of the next Avoidance as le Tenant par le Curtesie Reviver of the Curtesie A. marries B. an Heiress and hath Issue and afterwards commits Treason or Felony and be thereof Attainted but pardon'd yet the curtesie is lost If he chance to have any Issue after the Pardon such is the suavity of the Law to the Coverture the Priviledge is Reviv'd If the Dowress encroach and hold more then her Due or the Commoner by Appendancy or Vicinage surcharge the Common which is but foul sharking in both Therefore by W. 1. they shall be Admeasur'd The Writs are Vicountel the matter Discussible and Determinable by the Sheriff 3. The Honesty of the Law A Nude Promise binds not and why otherwise for what loss can the Defendant sustain when he neither gave nor Assum'd any Considerable Return But if one bid another Heal such a Wound or Repair such an High-way Admitting both Contracts made without any Promised Recompence In such Cases the Law Abhorring Baseness shall create a Promise and imply a Reward with full Damages should the Contractor approve Himself so unworthy in denying satisfaction The like if any specialty be executed beyond Sea to avoid a Fayler of Right 't is Triable at Common Law the Plaintiff may suggest 't was done at Toledo in Spain at Todington in the County of G. whether any such Place in that ville 't is not material the Issue will be singly whether the Parties Act and Deed. In brief if one grant the vesture or the Herbage of his Lands though no Inheritance passes the Grantee may enter and maintain an Action of Trespass But if he grant the Profits of such Mannor to J. S. and his H s. with Livery the whole Land passes Par. 50. The nobleness of the Law THus according to the 2 E. 3.14 E. 3. Common Right the Maintainer of the Crown the Law must be Agreed a deep science and mistical Beauty For had not the Law been as secure for the Subject as safe for the Sovereign There 's no Doubt as hath been observ'd but those several Revolutions of Conquerors with the late fidling Vsurpers that ever had an Aking Tooth at the Law would assuredly have alter'd it If not wholly laid it aside and Introduc'd their own Which is a satisfaction very full to any Civil Judgment of its Gravity and sufficiency That 't is truly Excellent and beyond compare SECT IX Par. 51. Groundless Cries against the Pontificial and Civil Law THE Roman Law with Don Whyners is a Choak-pear too and needless and may well be thrown aside I have been an unhappy Porer in all Polemical Learning Discovering little but by the smattering that I have of that Noble Science I cannot but deem it Imperial well suting with the Flavour or goldy Locks of Monarchy Why necessary Neither is the Regency Municipal Compleated with Law without Ecclesiastical and Civil Law Courts without their Company a Decay of Justice and Feebleness in the Crown would ensue for Causes meerly Spiritual are exempted from Westminster-Hall All Contracts and Querels made superaltum Mare on the Ocean append ' a loy d'oleron belong to the Admiralty An Ennoblement to the Crown to be serv'd with general Lawyers The great Reverence the Law ascribes to Hallowed Places I wish our Heterogeneous Brethren the Ravers against Monarchy were meeker spirited setting the same value on the Church as the Law hath done in all Times for at Common Law if one be Assaulted and Beaten too in a Church or Church-yard 'T is not Justifiable to return Blows in his own Defence By H. 12 Jac. B. R. de son Fort demesne will not Excuse which the Statute of E. 6. Confirms Par. 52. The Antiquity of Ecclesiastical Law NEither are the Halimots or Ecclesiastick Courts at all Encroachers any new Crept up Jurisdictions but as Fundamental and Antient as Justice it self for we read that Jehosaphat in his visiting of Judah to redress many Enormities in Church and Commonwealth ordain'd Judges not only secular But at Jerusalem for the mere Spiritualia He erected a Gourt Christian for so is the Text positive in the Point Amariah in Causes Spiritual was Chief Determiner And in Civil Zebediah the Head-Decider Why call'd Ordinary Hence it is that the Law most Emphatically stiles