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cause_n king_n person_n power_n 3,831 5 5.0579 4 true
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A52567 A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N. Noy, William, 1577-1634.; Doddridge, John, Sir, 1555-1628. Treatise of particular estates.; T. H. Certain observations concerning a deed of feoffament. 1651 (1651) Wing N1453; ESTC R30072 59,730 168

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A TREATISE OF THE PRINCIPAL GROUNDS AND MAXIMES OF THE LAWES Of this Nation Very usefull and commodious for all Students and such others as desire the knowledg and understanding of the Laws Lex plus laudatur quando Ratione probatur Written by that most Excellent and Learned Expositor of the Law W. N. of Lincolns-Inn Esquire The second Edition with Additions LONDON Printed by T. N. for W. Lee D. Pakeman R. Best and G. Bedell and are to be sold at their shops in Fleetstreet and Grays-Inn gate 1651. An Analysis of the Laws of England by the honorable and most learned William Noy Esq Atturney Gen and of the Privy Councel to the late King Justice is a constant perpetuall will to render every man his own right It is Naturall According to law whereare considered Law Divine Law of Reason Law Humane Forreign English Common where is treated I. Of law where is considered The law it self which is By Tradition which is General and belongs to * Written Statute Injuries forbiden by that Law Private against The person and goods Publique against the King Commonwealth 2. Of the manner of delivering that Law Civill Ecclesiastical Temporal In peace the Admiral In warr the Marshal * The Person where is considered the Quality as Name the King the subject who is of Baptism Creation Natural who is Politick Free who is Villain In his own Power where is considered Not in his own Power Intention Action there Cause Time Place Efficient Material Formal Final by Nature Action of the person by common law or the Kings Charter The Thing which is universal which is Of natural Right Out of divers causes Particular in which dominion may be gained Where are considered Peculiar which belongs to the King to the Subject according to his prerogative Legal ordinary Regal absolute According to peculiar Custom of place prescription of persons 1. Things or goods themselves which are Real Personal Primary Secondary Simple Compound Of the land Upon it Corporate Incorporate 2. To have ownership which is by Estate and Propriety by Right By his own Right Right of another Single Joint by Possession Possibility Of franktenement Chattels Hereditary Frank-tenement alone in Fee in Tail absolute conditional qualified general special by Law by Gift as Dower curtesy of Engl. for Life or Life of another Real Personal Term of years at Will Animate Inanimate Remote Near reversion remainder Parceners joint tenants Tenants in common Interest and Propriety Use Authority of Action of Entry 3. The manner of acquiring ownership by Law by Purchase Discent or Forfeiture absolute With consideration by Writing by Word by Devise by Record by Deed Fine Recovery Executed Executory with Voucher without Single Double Feoffment Grant with atturny Barg sale inrol'd by Grant Ratification Release Confirmation Render Election Concord Assignment by Common-law by Statute 4. The manner of admitting ownership by operation of Law by act of the party Extinguishment Suspension Discent which takes away Entry Commission Omission Discontinuance Warranty Estoppell Forfeiture II. The manner of delivering the law is By Law By act of the party Immediate Mediate by actions in Courts where are considered Claim Entry 1. The diverse Actions in which Right is given Writs Plaints Original Judicial Real Personal Mixt For the Right The possession For the Person The Goods Of Right of law Of the Kings grace Of Course Magistral Pleas of the Crown Common Pleas 2. The divers Courts where remedy is had here are considered The Courts themselvs Their jurisdictions there Temporal Of the King The subject Superior Inferior Of Record Of Barony The persons Pleas Of the Courts In them Judges Ministers Demand ' Tenant Real Personal Plaintiff Defend ' Of the Crown Common 3. The manner of prosecution in Courts Direct Collaterall By Processe By Pleading with that Pleas Tryall Judgment Execution by the Court-Adjornment by persons in the Court as-Essoin 4. The manner of defeating the Process by Prohibition assignation of Errors 5. The manner of taking away the punishment Flight Pardon CHAP. I. The Laws of England are threefold Common Laws Customes and Statutes THE COMMON LAW THE Common Law is grounded on the Rules of reason and therefore we use to say in Argument That reason will that such a thing be done or that reason will not that such a thing be done The rules of reason are of two sorts some taken from Learning as well Divine as Humane and some proper to itself onely OF THEOLOGIE 1. Summa ratio est quae pro Religione facit ATenure to finde a Preacher if the Lord purchase parcell of the Land yet the whole service remaineth because it is for the advancement of RELIGION 2. Dies Dominicus non est Juridicus Sale on a Sunday shall not be said Sale in a Market to alter the property of the Goods OF GRAMMBR OF Grammer the rules are infinite in the Etymologie of a Word and in the construction thereof what is nature is single 3. Ad proxium antecedens fiat relatio nisi impediatur Sententia As an inditement against I. S. servant to I. D. in the County of Middlesex Butcher c. is not good for servant is no Addition and Butcher shall be referred to I. D. which is the next Antecedent OF LOGICK 4. Cessante causa cessat effectus THe Executor nor the husband after the death of a woman Guardian in soccage shall not have the Wardship because viz. the natural affection is removed which was the cause thereof Some things shall be construed according to the original cause thereof 5. The Executor may release before the probate of the Will because his title and interest is by the Will and not by the probate To make a man swear to bring me money upon pain of killing and he bringeth it accordingly it is felony Outlawry in Trespass is no forfeiture of Land as outlawry in felony is for although the non-appearance is the cause of the Outlawry in both yet the force of the Outlawry shall be esteemed according to the heynousness of the offence which is the principal cause of the Process 6. According to the beginning thereof As if a Servant which is out of his Masters service kill his Master through the malice which he bare him when he was his servant this is petty Treason 7. According to the end thereof As if a man warned to answer a matter in a Writ there he shall not answer to any other matter then is contained in the Writ for that ●as the end of his coming 8. Derivativa potestas non potest esse majus primitiva A Servant shall be stopped to say the Frank-Tenement is belonging to his Master by a recovery against his Master although the servant be a stranger to the Recovery for he shall not be in better case then he is in whose Right he claimeth or justifieth 9. Quod ab initio non valet in tractu temporis non convalescit If an Infant or a married woman