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land_n age_n hold_v ward_n 1,360 5 10.5095 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A07219 Reasons academie. Set foorth by Robert Mason of Lincolnes Inne, Gent Mason, Robert, 1571-1635.; Davies, John, Sir, 1569-1626. 1605 (1605) STC 17619; ESTC S109937 40,563 119

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  17 03 1 2   09 02 06 5 6 12 Moneth   17 05 1 6   10 00 ●0   certainty Then it followeth hee can haue no election differing from that rate of time which is the maine point Let vs see what the borrower is to receiue and performe In which is to be obserued such a proportion of mony and time as may performe a ratable allowance that the vse mony may not exceed tenne for a hundreth for a whole yeare which performed he is to render backe the mony borrowed as for vse the law alloweth non Let vs examine this by the rule of reason In all natural causes time must be abiddē for the working perfecting of al increase growing the beasts by nature knoweth the time of bringing forth their yong the birds keepe their egs vnder their feathers til an appointed time to produce chickēs the trees herbs according to their so●t● require time for the ripening of their fruits The Sun in the spheare of heauen laboreth a whole yeare to bring himself to his reuolution If all these with many thousands of other things stay their time by their naturall cou●se why should not the lender premit the full occurency of time for the raising of his benefit vpon a barren fruitlesse and vnnaturall subiect Though many things offer themselues yet I striue to be briefe Obserue therefore these resemblances In all manner of eateable fleshe The tender lambe will not yeelde so much as the well growne sheepe the yong veale not so much as the full growne oxe The young chick late out of the shel not so much as the henne or capon and so of many other things that time causeth to increase both in growth and price Now if the owner will sell any of these in their tendernesse hee must bee contented to abate of that he would require if the same things were growne to more greatnesse If this be so then in reason there is more cause the lender shuld forbeare his whole time before hee receiue his consideration howsoeuer hee doth his principall Let vs touch a little the exceeding reason and vse the Lawe hath in some particular causes of time Estates for yeares must haue a certaine beginning and ending Inheritances haue commencements ments vppon time and limited to the ende of time So the first estates determine in time and the second being reall estates onely with time and not before the ending of time Approbations and elections are concluded in time things voideable relye onely vpon time All conditions are tyed vnto time In the cases of Cui in vita dum fuit infrae et 〈◊〉 dum non fuit compos mentis special respect is of the time All cases of entries vpō dissisors to take away entries are tyed vnto time The cases that require continuall claime are bound vnto time with many others But among the rest let mee conclude with one or two to discouer what time ioyned with some other matter doth both enable disable I meane not to vouch any case It is not vnknown that one attainted by act of Parliament part of his lands sold time and the act of Parliament made the sale good But this attainder being taken off by another acte of Parliament and the former act made voide Time and the act of Parliament did restore both the blood and lands of the attained made their estates voide which formerly were nor The lawe hath cleane takē away the time that was in the Feoffe put the same wholly into ceste q. vse and so wroug●t vppon instants that there is now no instant at all in the Feoff which before had the whole estate Such a seruant is time vnto the law so assured is the law vnto time That what contract soeuer it maketh therewith shall be assuredly performed In the case of inrolments there is special prouision of time wherein I make this short obseruation that time doth worke and vnworke one and the same thing in nature according as time is employed The Kings tenant acknowledgeth a bargaine and sale of land held in capite to an other and his heires before the deede be enrolled the bargainer dieth his son within age In this case ' the sonne of this bargainor is ward But the barganie also dieth within the six moneth c. his son within age within the 6. moneths the bargains sale is enrolled In this case the son of the bargainer shall be out of ward the son of the barganie shall be in ward by relation to time I put these cases onely to make knowne how flexible time doth turne and wind according to the employment it serueth and how sloute and stiffe it is in some other cases as the rules of law doth gouerne and direct it and though this resemble not the case in all points yet it sheweth that in this behalfe time is not to be disposed at the election or choyce of any but according to the true constructiō scope meaning of the law which in this case is to be cōstrued most strongly against the lender A word or two concerning this diuision of the mony time As I said before in actuall things there must be a substantiall naturall and present Diuidend and Diuisor Numerator and Denominator as in these examples are apparant A piec● of timber is to be made into boords In this case the timber is the Diuidend and the Sawe is the Deuisor And of necessitie it followeth that there must be actually and essentially timber and a Saw or else there can be no boords There is a garment to be made In that case the cloath is the Diuidend and the sheeres the Deuisor But for the performing of the worke there must essencially be both cloath sheers There is a great piece of meate to bee diuided betweene many men the meate is the Diuidend ●he knife is the instrument diuiding There is a necessitie both these should be present though I know there be other Diuisors in these cases yet I make these resemblances to make plaine my demonstration of the neces●itie of an es●enciall Diuidend and Diuisor at the time of the diuision To resemble this The Lender at the end of one 3.6 or 9. moneths hath not an essential Diuisor of twelue moneths to warrant his diuisiō And so diuiding substantiall mony by imaginarie time doth erre in the ground of his Art and so hath proportioned a rate that is not warranted either by Nature Reason Lawe nor Art Reason sheweth this life is but an apprentiship THere are many other vsages whereof there can bee no account giuen that they should proceed either of nature or vncorrupted reason God is Truth and hee hath made all things in and by Truth and appointed them to continue in truth according to their Creation All the Creatures sauing man continue this originall perfection Reason doth discerne and know though it cannot correct the causions and errors in the course of mens