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land_n case_n king_n tenant_n 2,386 5 9.7362 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A07222 A nevv post vvith soueraigne salue to cure the worlds madnes. Expressing himselfe in sundrie excellent essayes or wittie discourses. A marke exceeding necessary for all mens arrowes: whether the great mans flight, the gallants rouer. the wisemans prickeshaft, the poore mans butshaft, or the fooles birdbolt, quantus in orbe dolus. By Sir I.D. Knight.; Reasons academie Mason, Robert, 1571-1635.; Davies, John, Sir, 1569-1626. 1620 (1620) STC 17620.3; ESTC S109376 40,379 124

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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 that working perfecting of al increase growing the beasts bynature 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 sorts require time for y● 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 course why should not the lender premit the full occurrency of time for the raising of his benefit vpon a barren fruitlesse and vnnaturall subiect Things sold in tender age for want of allowance of time are of lesse value then otherwise they would be Though many things offer themselues yet I striue to be briese 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 for beare 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 vppon time and limitted 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 ●●ttae 〈◊〉 funt infra ●t 〈◊〉 du●● non fuit compes mentie special respect it 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 attainted made their estates voide which formerly were not The lawe hath cleane takē away the time that was in the Feoffe put the same wholly into cesto q. vse and so wrought vppon instants that there is now no instant at all in the Feoff which before had the whole estate Such a setuant 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 in●olments there is speciall 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 moneths c. his son within age within the 6. meneths the bargaine sale is inrolled 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 stoute and sliffe 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 that 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 Numerat●r and Denominator as in these examples are apparant A piece of timber is to be made into boords In this case the timber is the Diuidend and the Sawe is the Denis●r And of necessitie it followeth that there must be actually and essencially 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 Dundend the 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 necessitie of an essenciall 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 essensial 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 it but an apprentiship THere are many other vsages whereof there can bee no account giuen that they should proceed either of naturo or vncoralpted 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 Creature sauing man continue this originall perfection Reason doth discerne and know though it cannot correct the cuasions and errors in the course of mens liues different from truth which mens consciences not voide of reason cannot deny Ca●●● though he would not denie the killing of his brother Abel vet hee had learned to shift it and put it off by asking whether be were keeper of his brother his reason was corrupt and his conscience did accuse him Such