Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	natural_a	nature_n	power_n	3,458	5	5.3714	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

do make a Will and publish the same and afterwards dyeth being of full age or sole notwithstanding this Will is void 10. Vnumquodque dissolvitur eo modo quo colligatur An Obligation or other matter in writing may not be discharged by an agreement by word but by writing 11. He that claimeth a thing on high shal neither have gain nor loss thereby As if one Joynt-Tenant make a Lease o● his Joyntee reserving rent and die the heire which surviveth shall have the reversion of his Joyntee but not the Rent because he cometh in by the first Feoffer and not under his companion Also where the husband being leased for yeers in right reserving a Rent the woman shall have the residue of the terme but not the rent 12. Debile fundamentum fallit opus When the estate whereunto the Warrantie is annexed is defeated the Warrantie is also defeated 13. Incidents may not be severed As if a man grant Wood to be burnt in such a house wood may not be granted away but he which hath the house shall have the wood also 14. Actio personalis moritur cum persona As if battery be done to a man if he that did the battery or the other die the Action is gone If the Leasor covenant to pay quit-rents during the terme his Executor shall not pay it for it is a personal covenant 15. Things of higher nature do determine things of lower nature As matters of writing do determine an agreement by words If an offence which is murder at the Common law be made high Treason no appeal lieth for it for that the Murder is drowned and punishable as Treason whereof no appeal lieth 16. Majus continet minus Whereby the Custom of a Manor a man may demise for life he may demise to his Wife durante viduitate 17. Majus dignum trahit ad se minus dignum As the Writings the Chest or Box they are in OF PHILOSOPHY 18. Naturae vis maxima NAtural affection or brotherly love are good causes or considerations to raise an use And one brother may maintain a suit for another 19. The law favoureth some persons Viz. Men out of the Realm or in Pison Women married Infants Ideots Mad-men Men without intelligence Strangers that are neither parties nor privie and things done in anothers right A descent shall not take away the entry of a man out of the Realm or in prison or of a married woman or of an infant And a lease made to the husband and wife after the death of the husband the wife shall not be charged for waste during the mariage An Ideot shall not be compelled to plead by his Guardian or next friend but shall be in the Court and he that pleadeth the best plea for himself shall be admitted If a dumb man bring an action he shall plead by his next friend If a Lessee for years grant a Rent-charge and surrendereth the rent shall be paid during the terme to the Stranger A man Out-lawed or Excommunicated may bring an Action as an Executor 20. And a mans person before his possessions Mentioned of corporal pain shall avoid a Deed but not his Goods 21. And matter of possession more then matter of right when the right is equall As if a man purchase several lands at one time held of several Lords by Knights service and dieth the Lord which first seizeth the Ward shall have it otherwise his elder Lord. 22. Matter of profit or interest shall be taken largely and it may be assigned and it may not be countermanded but matter of pleasure trust or authority shall be taken strictly and may be countermanded As licence to him in my Park or in my Garden to walk extendeth onely to himself and not to his servant nor any other in his companie for it is matter of pleasure only otherwise it is of a Licence to hunt kill and carry away the Deer which is matter of profit A Church-way is matter of ease OF POLITICAL 23. NOthing shall be void which by possibility may be good If Land be given to a man and to a woman married to another man and the heires of their two bodies this is a present estate Tayle because of the possibilitie 24. Ex nudo pacto non oritur actio No man is bound to his promise nor any use can be raised without good consideration A consideration must be some cause or occasion which must amount to a recompence in Deed or in Law as money or natural affection not long acquaintance nor great familiarity 25. The Law favoureth a thing that is of necessity As to pay several expences shall not be said to Administer to distrain in the night dammage feasant to kill another to save his own life A servant to beat another to save his Master if he cannot otherwise choose To drive another mans cattel amongst mine own untill I come to a place to shift them is no Trespass 26. And for the good of the Common-wealth As killing of Foxes and the pulling down of an house of necessity to stay a fire 27. Communis error facit jus As an Acquittance made by a Major alone where there be a hundred presidents is good 28. And things that are in the Custody of the law Goods taken by Distress shall not be taken in Execution for the debt of the owner thereof 29. The husband and the wife are one person They cannot sue one another nor make any Grant one to another And if a woman marry with her Obligor the debt is extinct and she shall never have any action if another were bound with him for by the mariage the Action is suspended and an action personal suspended against one is a discharge to all 30. An Obligation with a condition to enfeoff a woman before such a day and before the day the Obligor taketh her to wife the obligation is forfeited because he cannot infeoff her but he may make a lease for years with a remainder to his wife When a joynt Purchase is during the marriage every one shall have the whole When a joynt purchase during the mariage is made and the husband sell the wife shall have a Cui in vitâ for the whole against both and on a feoffment made to one man and his wife and to a third person the third person shall have one moity 31. All that a Woman hath appertaineth to her Husband Personal things and things absolutely reall as Lands rents and so forth or Chattels reall and things in Action are onely in her right notwithstanding real things and things in Action he may dispose at his pleasure but not Will or charge them and he shall have her real Chattels if he survive Of things in Action the woman may dispose by her last Will and she may make her husband her Executor and he shall recover them to the use of the last will of his wife If a Leassee for years grant his terme to a man or woman and to another they are