of Windsors case Hob. 4. f. sentire debet onus The Commissioners in the Commission of Sewers ought to tax all which are in dammage or in danger of dammage and not only him which hath the lands next adjoyning to the river for it may be that the rage and force of the water might be such that the value of the land adjoyning would not serve to amend it therefore the statute would have all in peril 6 H. 6. c. 5. and which take commodity by the making of the Banks to be contributary to the amendment thereof Quod ab initio non valet tractu temporis non convaelescet Tenant for life of a carve of Land the reversion to the father in fee the Son and Heir apparent of the Father indoweth his Wife of this carve by the assent of the Father the Tenant for life dyeth the Husband dyeth the reversion was a Tenement in the father and yet this is no good indowment ex assensu patris because the father at the time of the assent had but a reversion expectant upon a freehold whereof he could not have indowed his own Wise though the Tenant for life dyed living the Husband Quod prius est tempore Litt. Com 14. ae potius est jure quod prius dignius And therefore among the males the eldest brother and his posterity shall inherit lands in fee simple before any younger brother or any descending from him Quod semel meum est Litt. Com. 49. b. amplius meum esse non potest And therefore if a man let land for a term of years the remainder over to another for life or in tail or in fee in this case it behoveth the Lessor to make livery of seizin to the Lessee for years otherwise nothing passeth to them in the remainder although the Lessee enters into the tenements And if the termor in this case enter before any livery of seizin made to him then is the freehold and also the reversion in the lessor And if the Lessor afterwards make livery to the Lessee it is void for by the entry of the Lessee he is in actuall possession and livery cannot be made to him that is in possession Quod semel placuit in electionibus Litt. Com. 146. a. amplius displicere non potest If a man grant by his deed a rent charge to another and the rent is behind the grantee may bring a writ of Annuity or distrain at his election but he cannot have both together For if he recover by a writ of annuity the land is discharged of the distress And if he distrain for the arrearages and the Tenant sue a Replevin and the grantee avow the taking of the distress in the land in a Court of Record then is the land charged and the person of the Grantor discharged of the Action of Annuity Quoties in verbis nulla est ambiguitas Litt. Com. 14.7 a. ibi nulla expositio contra verba expressae fienda est If a rent be granted out of the Mannour of D. and the Grantor grant over that if the rent be behind the Grantee shall distrain for the same rent in the Mannor of S. this is but a penalty in the mannor of S. For the Law needs not to make construction that this shall amount to the grant of a rent for here a rent is expresly granted to be issuing out of the Mannor of D. and the parties have expresly limited out of what land the Rent shall issue and upon what land the distress shall be taken and the Law will not make an exposition against the express words and intention of the parties Quod constat clare Coke l. 9. fol. 33. Batens case non debet verificari In a Quod permittat if it appear to the Court that the Nusance is to the dammage of the Plantiff he need not shew it specially as if the house of the Defendant hangeth over the House of the Plaintiff's Refert à quo fiat perquisitum Litt. Com. 12. a. Ployd 47. Sir Edw. Clere's case Coke l. 5. f. 76. Paget's case None shall inherit any lands as heir but only the blood of the first purchasor Remoto impedimento emergit actio If tenant for life remainder for life the remainder in fee make waste in Trees and after he in remainder for life dye an action of waste is maintainable by him in the remainder in fee for the waste done in the life of him in remainder for life because to the disinheritance of him in remainder in fee and now the impediment which was the mean estate for life is taken away Repellitur à Sacramento infamis Litt. Com. 158 a. If a Juror be attainted or convicted of Treason or Felony or of any offence to life or member or in attaint for a false verdict or for perjury be adjudged to the Pillory or the like or to be branded or stigmatized or to have any other corporall punishment whereby he becometh infamous these and the like are principal causes of challenge Res inter alios acta alteri nocere non debet Litt. Com. 152. b. And therefore if a Lessor by Covin suffer a common recovery the Lessee may falsifie it by the Stat. of 14 E. c. 1. S. Sensus verborum ex causa dicendi accipiendus est Coke l. 4. 105. Birchlye's case sermones secundum subjectam materiam sermo relatus ad personam intelligi debet de conditione personae The Defendant said to B. Clerk of the Kings Bench and sworn to deal duly without corruption You are well known to be a corrupt man and to deal corruptly adjudged that the action lyes because the words ex causa dicendi imply that he hath dealt corruptly in his profession Semper praesumitur Lit. 126. a. pro legitimatione puerorum And therefore if the Husband be within the four Seas that is within the Jurisdiction of the King of England if the Wife hath issue no proof is admitted to prove the child a bastard Si mulâ—er nebilis nupserit ignobili Litt. 16. b. Coke l. 6 53. l. 4.18 b. desinit esse nobilis If a woman gain Nobility by Marriage if she marry under the degrees of Nobility she loseth it otherwise if Noble by descent Solus Deus facere potest haeredem Litt. com 7. b 22. b. And therefore during the life of the Father he cannot be heire but heir apparent And therefore a Lease for life the remainder to the right Heirs of J. S. if Tenant for life die living J. S. the remainder cannot rest there being no heirs of J. S. but onely apparent Stabitur praesumptioni donec probetur in contrarium Lit. Com. 310. b. 393. b. If a man plead the Feoffment of a Mannor he need not plead an Atturnment of the Tenants for that shall be presumed till it bee shewn to the contrary T. Testamento cum duo inter se pugnantia reperiuntur Litt. Com. 112. b.
taketh place ib. Traditio loqui facis chartum Delivery makes the Deed valid 103 U Vana est potentia quae nunquam venit in actum That power is frustraneous which is never produced into act ib. Vbi non est principalis ibi non patest esse accessarius Where there is no principal there can be no accessary 104 Vbi endem ratio ibi idem jus The same reason the same Law 105 Vbi nullum matrimonium ibi nulla dos No marriage no dower 106 Verba accipienda sunt in mitiori sensu Words are to be taken in a favourable sence 107 Verba sunt accipienda cum effectu Words are to be taken with the effect ib. Verba aquivoca intelliguntur digniere sensu Doubtful words are to be taken in the more worthy sence 108 Verba rolat a hoe maxime operantur per referentiam ut in esse videantur Relative words do especially work this by reference as they may seem in being 109 Verba chartarum fortius accipiuntur contra proferentem The words of a Deed are most strongly taken against the Grantor ib. Vnumquodque dissolvitur eo ligamine quo ligatur Every thing is dissolved by the same it obliges ib. Vltima voluntas testatoris perimplendae est secundum veram intentionem The Will of the Testator is exactly to be performed 110 Voluntas testatoris ambulatoria est usque ad mortem The last Wil only stands 111 Volenti non fit injuria To him that is willing there is no injury done ib. Vtile per inutile non vitiatur That which is profitable is not destroyed by that which is frustrane ous 112. Vxor non est sui juris sed sub potestate viri The Wife has not her own swing but is under the power of her husband Law-Principles Reduc'd to Practice A. ACcessorium non ducit sed sequitur suum Principale As if a man letteth Lands for life rendring certain rent if he grant in Reversion to another and the Tenant attorn all the Rent and Service pass by this word Reversion because the Rent in such case is incident to the Reversion But albeit he granteth the Rent to another 10 H. 7.10 Coke l. 5.21 Ployd 235. a. the Reversion doth not pass by such grant Litt. 152. a. 33. H. 6.33 A communi observantia non est recedendum A common opinion is good authority in Law Lit. 186. a. Coke Actio personalis moritur cum persona If a Lessee for years doth waste and dyeth Litt 53. b. Dy. 114. a Writ of waste lieth not against his Executor or Administrator for waste done in his life-time Actus Deinemini facit injuriam As Cokel 1.98 a. Coke l. 148. Coke l. 8.72.63 a. l. 5.86 If a Lessee covenant to leave the wood in as good a plight as it was at the time of the Lease and after the trees are subverted by tempests he is discharged of the Covenant Actus Legis nulli facit injuriam If Land out of which Rent-charge is granted be recovered by an older Title and thereby the Rent-charge is avoided yet the Grantee shall have a Writ of Annuity for that the Rent-charge is avoided by the course of Law Coke Lit. 148. a. 178. a Coke l. 5.87 Dy 60. Actus non facit reum nisi mens sit rea And therefore in criminal Causes as Felony the Act and Wrong of a mad-man shal not be imputed to him Lit. Com. 247. b. Doct. Stud. 148. Actus repugnans non Coke l. 1. potest in esse produci Corbet's Case Dy. 153.21 E. 436.4 E. 4.29 Ployd 255. a. As if a Gift in Tail upon condition that if the Donee aliene that then it shall remain to another it is repugnant for after alienation it cannot remain An Obligation solvendum nunquam the Solvendum is void for the contrariety and the thing presently due Actus me invito factus Lit. Com. 253. b. 14. Ass pl. 20.21 E. 4.28 Coke l. 2.9 Ployd 18. a. Coke l. 4.70 Lit. Com. 233. b. non est meus As when one is compelled for fear of Imprisonment to make a Bond or other Deed such fear sufficeth to avoid the same Actori incumbit onus probandi Bargainee and Bargainee if the Bargainer intend to avoid the Bargain by reason of non-inrollment within six months he must make manifest proof thereof or else it will be presumed that it was inrolled Additio probat minoritatem When it is said any where Lit. Com. 139. a. that a man is seized in Fee it shall be intended Fee-simple and not Fee-tail unless there be added to it this addition Fee-tail Ad proximum antecedens fiat relatio Litt. Com. 20. b. Dy. 14. b. 46. b. Coke l. 2.71 Cromwel's Case If a man let Land to A. for life the remainder to B. in Tail the remainder to C in formâ praedictâ this remainder is void for the uncertainty But if the remainder had been to C. in eadem forma this had been a good Estate Tail for Idem semper proximo antecedenti refertur Ad quaestionem facti non respondent Indiecs Lit. Com. 155. b. Ad quaestionem Iuris non respondent Iuratores The most usual trial of matters of fact is by twelve men And matters in ' Law the Judges ought to decide Aestimatio praeteriti delicti post factum nunquam crescit 11 H. 4.12 If the Gaoler let the Parcussor voluntarily to go at liberty and after the party wounded dyeth yet it is no feloninus escape Affectio nomen imponit operi Lit. Com. 49. b. If it be agreed between the Disseisor and Disseised Ployd 86. 141.21 H. 6.55 1 E. 4.11 4 E. 4.23 that the Disseised shall release all his right to the Disseisor upon the Land and accordingly the Disseised entreth into the Land and delivereth the Release to the Disseisor upon the Land This is a good Release and the Entry of the Disseizee being to this purpose shall not avoid the Disseizin for his intent in this case did guide his Entry to a special purpose Affectus punitur licet non sequatur effectus 34 H. 6.26.27 Ass pl. 44.19 R. 2. Breife 726. To give money to one returned on the Jury though he be not sworn is Maintenance Affirmativum negativum implicat Coke l. 9.56 As W. 2. 2.6.11 Westm c. 3. 4. Ployd 206. b. That upon account before Auditors and Arre-ages they have power to send their Bodies to the next Gool of the Lord their King in those parts Hence it is that it is herd 27 H. 6.8 That the Auditor ought to commit him to the next Gaol though another County Agentes consentientes pari poena plectuntur 22. Ass pl. 82. Coke l. 5.80 a. A. maimeth B. by the consent of C. An Appeal lyeth against A. and C. and damages equally against both Aliquis non potest esse Judex in propriâ causa Litt. Com. 141. a. Coke l. 8.118 Dy. 65.12 H. 8.11
judgement between the King and the Prior of Worcester concerning an Appropriation Et examinatis intellectis recordo et processu coram toto Concilio c. Finis rei attendendus Coke l. 5. 87. The end and fruit of a Suit is satisfaction 14 H. 7.8.33 H. 6.47 but execution of the body is no satisfaction but a gage for the debt And therefore after his death he shall resort to another execution Filiatio non potest probari Litt. Com. 126. a. A man leaveth his wise enseint with a child issue shall not be taken that she was not enseint by her Husband on the day of his death for Filiatio non potest probari Firmior est operatio legis quam dispositio hominis Litt. Com. 224. a. A Lease upon condition Coke l. 10.67 b. that if the Lessee make any waste 37 H. 6.16 a re-entry if a stranger doth waste Dy. 281. Doct. stud l. 2. c. 4. he may re-enter Yet if the Tenant had been bound in an obligation that he shall do no waste he shall not forfeit his Bond by the waste of a stranger Frustra sit per plura quod fieri potest per pauciora Coke l. 6.167 a. Ployd 191. b. 9 H. 7.24 If the King by his Patent reciting the estate tail grant the reversion and further grant the Lands in possession those several Grants in one Patent are as strong in Law as if the King by one Patent had recited the estate tail and granted the reversion and by another patent the Lands in possession Furiosus furore suo punitur Litt. Com 247. b. Ployd 19. a. Litt. 124. b. And therefore if a Mad man commit Felony he shall not dye for it for though he hath broken the words of the Law yet he hath not broken the Law G Generale nil certum implicat Coke l. 2. fol. 33. Doddington lib. 8.98 a. Baspoles case If a man be bound to be Non suited in all actions that he hath against another in the common Bench he may say that he hath no action therein otherwise if the condition be particular viz. that he shall be non-suited in a Formedon So in arbitrement when the submâ—ssion is general an award of one cause though there were more between them is good Generalibus semper specialia insunt Ployd 467. b. 68. a. As the Stat. of Gloucester giveth an action of wast against him which holdeth for years which is in the plurall number yet it may be taken for him that holdeth for a year or half a year Generalis clausula ad expressa non refertur Coke l. 4. fol. 80. Noke's Case An Assignee of a lease shall have a Writ of Covenant upon the words Demise and Graunt yet if there be an expresse Covenant that the Lessee shall enjoy it without eviction of the lessor or any claiming under him this express covenant qualifieth the generality of the covenant in Law and restraineth it by mutuall consent of both parties that it shall not extend to the Assignee Generalis clausula non porrig itur ad ea Coke l. 4.131 Dy. 56.6 quae antea sunt spicialiter comprehensa When a deed at first contains special words and then concludeth in words general both shall stand As Lands given to one and the heirs of his body habendum to him and his heirs he hath an estate tail and a fee simple expectant Generalia sunt praeponenda sin gularibus Fâ—â—z Nat. B ev 2. a. As in a Writ or Plaint the general shall be put in demand before the special as Messâ—age before lands Lands before Meadow Mendow before Pasture Pasture before Wood Wood before Jancary c. H. Haeres est pars antecessoris Lit. Com. 22. b. Coke l. 7.12.10 H. 7.8 Dy. 868. Kep 151. And therefore if Lands be given to a man and his heirs all his heirs are so totally in him as he may give the Lands to whom he will Haeres legitimus Coke l. 7.44 a. Litt. 7.6 est quem nuptiae demonstrant One who is ingendred in a vowtry during the coverture is a Mulier by the temporal and common Law Haeres non tenetur ad debita antecessoris reddenda Britton fol. 65. b. Litt. Com. 209. a. 383. b. nisi per antecessorem ad hoc fuerit obligatus praeterquam debita regis tantum If the heir be not named in the obligation he shall not be bound by the deed of his Ancestor except to the King Hermaphrodita tam masculo quam faeminae Litt. Com. 8. a. g. b. comparatur secundum praevalescentiam sexus incalescentis An Hermaphrodite shall be heir either as male or female according to that kind of the sex which doth prevail and accordingly it ought to be baptized I Id certum est Litt. Com. 45. b. 43. b. 96. a. Ployd 273. b. Dy. 91. b. 44. a. quod certum reddi potest Albeit there appear no certainty of years in a lease yet if by reference to a certainty it may be made certain it sufficeth As a lease to A. 11 H. 11. 7.17 for so many years as B. shall name when B. hath named the years it is a good lease for so many Idem semper proximo antecedenti refertur Litt. Com. 20. b. As if a man let Lands to A. for life the remainder to B. in taile the remainder to C. in forma praedicta this remainder is void for the incertainty But if it had been the remainder to C. in eadem forma this had been a good estate-tail Ignorantia juris non excusat Doct. St. 2. c. 46. Coke l. 1. fol. 177. Mildmay's Case If a statute penall be made and it is enacted that the statute shall be proclaimed by such a day in every Shire and it is not proclaimed before the day yet if any offend against this statute he shall not be excused for the not proclaiming of it for he is bound to take notice of the Law at his peril Ignorantia facti excusat Coke l. 2. fol. 3. b. Mauser Doct. Stud. l. 2. c. 47. 31 E. 3.3 As if an illiterate man be bound to seal a Deed he is not tyed to do it if there be not some present to read it if required or if it be read amisse he may plead non est factum Ignoratis terminis Coke Lit. 177. a. 2. a. 68. a. ignoratur ars Every art hath its vocabula artis which being not conceived that art cannot be comprehended Therefore the significations of words in all arts and sciences are necessary which Master Littleton and Coke upon him ordinarily observe Impotentia excusat legem Coke Litt. 29. a. 258. b. 263. b. Coke Rep. Laughter case Coke l. 98. A man seized of an advowson or rent in fee hath issue a daughter who is married and hath issue and dies seized the wife before the rent became due or the Church became void
ultimum ratum est In one Will where there be diverse devises of one thing the last devise taketh place Traditio loqui facit chartam A Lease dated 26. May. 25 Coke l. 5. f. 1. Claylon's case Eliz. to hold from three years henceforth it was delivered at three of the Clock in the afternnon of the 20th of Junt after from henceforth shall be taken the day of the delivery inclusive for the day of the delivery is parcel of the term but à die confectionis or à die datus the term beginneth the day after the date V. Vana est potentia quae nunquam venit in actum Coke l. 2. fol. 50. Tenant in Tail Cholmley's case the remainder in Tail the remainder bargains and sells the land and all his estate to I. S. for the life of Tenant in Tail the remainder to the Queen the remainder to the Queen is void because the Grantee for life of Tenant in Tail took nothing for it is a void Grant And a remainder dicitur quasi terra remauens which cannot be here And the remainder must take effect when the particular estate ends and here it never begins Et vana est illa potentia quae nunquam venit in actum Vbi factum nullum ibi fortia nulla Coke l. 4. fol. 43. Syers case ubi non est principalis non potest esse accessarius If the principall be pardoned or hath his Clergy the Accessary cannot be arraigned for none can bee principall before it be so adjudged by Law viz. by Judgement upon the Verdict or Confession or by Outlary And it sufficeth not that in truth he be principall and the acceptance of pardon or prayer of Clergy is an argument but no judgment in Law that he is guilty Vbi eadem ratio ibi idom jus Litt. Com. 232. a. 191. a. If two men do a trespass to another who releases to one of them by his Deed all actions personall and notwithstanding sueth an action of Trespasse against the other the Defendant may shew that the Trespasse was done by him and by another his fellow and that the Plantiff by his Deed which he sheweth forth release to his fellow all actions personal and demand the Judgment And yet such Deed belongeth to his fellow and not to him But because he may have advantage by the Deed if he will shew the Deed to the Court he may plead this By the same reason may the Feoffer if he is come by the Deed Poll when he ought to have advantage by the Condition comprised within the Deed Poll. Lit. Com. 32. c. Vbi nullum matrimenium ibi nulla dos To the having of Dower it is necessary that the Marriage do continue for if that be dissolved the Dower ceaseth Verba accipienda sunt in mitiori sensu As Coke l. 4.13 Thou art a Thief and hast stollen a Tree spoken of another it shall be intended a Tree standing Verba accipienda sunt cum effectu Cok. Rep. l. 4. f. 48. Ognel's case Litt. Com. 183. b. 112. b. Coke l. 3.23 Ployd 197. b. 213. c. ◠If Lands be given to two men and to the heirs of their two bodies begotten the Donees have a joynt Estate for the tearm of their lives and yet they have severall inheritances inasmuch as they cannot have an heir between them ingendred the Law will that their estate be such as is reasonable according to the form and effect of the words of the Gift viz. the Heirs which the one shall beget of his body by any of his wives and so of the other Verba aequivoca in dubie posita intelliguntur digniori potentiori sensu Coke l. 6. fol. 20. Gregorie's case secundum excellentiam As if the speech or writing be of I. S. generally it shall be intended of the father where the father and son are both of a name So if of two brothers of one name it shall be intended of the eldest for these are more worthy So where the Statute of 4. 5. Phil. Mar. speaketh in any Court of Record it shall be intended of the four Courts at Westminster because the King's Atturney it Attendant there Verba relata hoc maxime operantur per referentiam ut in esse videantur Litt. Com. 9. b. As if the father infeoff the son to have and to hold to him and his heirs And the son infeoffeth the father as fully as the father infeoffed him By this the father hath a fee-simple Verba chartarum fortius accipiuntur contra proferentem As If two joynt-Tenants grant a Rent of 10 s. the Grantee shall have a Rent of 20 s. out of the land Vnumquodque dissolvitur eo ligamine quo ligatur Litt. 5 H. 7.33 4 H. 7.7 b. In an Annuity growing by prescription rien arrear is a good plea for this prescription is matter in fact But in an Annuity by Deed it is no good plea without shewing an Acquittance Vltima voluntas Testatoris perimplenda est secundum veram intentionem Litt. Com. 322. a. b. If a man let lands devisable to another for life or for years and deviseth the Reversion by his Testament to another in Fee or in Tail and dyeth and after the Tenant commits waste He to whom the Devise was made shall have writ of waste although the Tenant never Atturn And the reason is for that the Will of the Devisor may be performed according to his intent And if the effect of this should lie upon the Attournment of the Tenant then perchance the Tenant would never Attorn and then the Will of the Devisor should never be perform'd And for this the Devisee may distrain c. or bring an action of Waste without Attournment Voluntas testatoris ambulatoria est usque ad mortem Litt. 112. a. b. Coke l. 4. f. 60. Forse and Hemling's case And therefore if a man at divers times make divers Devises and Testaments yet the last Devise and Will made by him shall stand and the other are void for the latter Will doth countermand the first Volenti non fit injuria Pop. 9. As if Lessee for twenty yeares accept another Lease for ten years the first Lease is void and gone being the acceptance of the second is in Law the surrender of the first and no wrong in the Lessor Vtile per inutile non vitiatur Litt. com 227. a. If the Jury give a Verdict of the whole issue and of more c. that which is more is surplusage and shall not stay Judgment Vxor non est sui-juris sed sub potestate viri Litt. com 112. a. And therefore during the Coverture she is disabled to contract with any without the consent of the husband Rules and Principles of Law LAW is an Art of well ordering a civil Society Lawes are Native or Positive Native are those Laws which are in us of themselves and therefore unchangeable and perpetual These are
Oportet ut res ceria deducatur in judicium Playter brought an action of Trespasse against one W. Wuare clausum suum fregit pisces suos cepit without shewing the number or nature of the fishes and it was resolved that the Count should have comprehended the fishes in certain that the Defendant might have a certain answer and upon which a certain Judgement might be given P. Pater est quem nuprie demonstrant Litt. Com. 123. a. And therefore if a Villain have a Bastard by a woman and marrieth her the Bistard is no Villain because the Villain cannot be said to be his father he being a Bastard Pendente lite nihil innovetur At the Common Law Litt. Com. 344. b. if hanging the Quare impedit against the Ordinary for refusing of his Clerk and before the Church were full the Patron brought a Quareimpedis against the Bishop and hanging the Suit the Bishop admit and institute a Clerk at the presentation of another In this case if Judgement be given for the Patron against the Bishop the Patron shall have a Writ to the Bishop to remove the Incumbent that came in pendente lite by usurpation But since Westm 2. among other things it is enquired Ex officie if the Church be full and of whose presentation Perspicue vera non sunt probanda The Lord Cook Litt. Com. â— 16. b. in his Commentary upon Littleton observes that Mr. Littleton never citeth any Authority through his whole Book but when the case is rare or may seem doubtfull which appeareth in this that he putteth no case but hath warrant of good authority in Law The like of Justice Fitzherbert in his Natura Brevium that he never citeth authority but when the case is rare or doubtful Plus precat author 13 H. 7.10 Stamf. l. 1. c. 45.21 E. 4.71 quam actor If one be present at the death of a man and incite another to strike and kill him by this he is principal as well as he that killed him Litt. Com. 14.6 Possessio fratris de foede simplici facit sororem esse haeredem A man seized of lands in Fee-simple hath issue a son and a daughter by one venter and a son by another venter and dieth and the eldest son enters and dies without issue the daughter shall have the land and not the youngestion The like of an Use Ib. 10. b. Propinquior exeludit propinquum propinquus remotum remotus remotiorem And therefore the Fathers brother and his posterity shall inherit before the grandfathers brother and his posterity Proximus sum egomet mihi And therefore in Legacies it is reason that the Executors shall have preferment of satisfaction before others and the Law maketh allowance to them before any others Q. Quando lex aliquid concedit concedere videtur id Litt. Com. 55. a. 153. a. Coke Rep. Lyford's case sine quo res esse non potest If Lessee at will soweth the land and the Lessor after it is sown and before the corn is ripe put him out yet the Lessee shall have the corn and shall have free entry egresse and regresse to cut and carry away the corn Quando aliquid fieri prohibetur ex directo Litt. Com. p. 23. b. prehibetur per obliquum A Feosment upon condition that the Feoffee shall not alien to such a one naming his name is good And in this case if the Feoffee infeoff J. N. of intent and purpose that he shall infeoffe J. S. some hold this a breach of the condition Quando jus Domini Regis subditi concurrunt Litt. Com. 77. a. jus Regis praeferri debet If a man hold lands of the King by Knight-service in Capite and other lands of other Lords and dieth his Heir within age the King shall have the Wardship of all the lands by his prerogative Quaelibet haereditas naturaliter ad haeredes haereditabiliter descendit Litt. Com. 11. a. nunquam naturaliter ascendit nisi a latere If there be father uncle and sonne and the son purchase land in fee-simple and die without issue living his father his uncle shall have the Land as heir to the son Quae in partes dividi nequeunt 14 E. 3. Fitz. 1. Kitchin fol. 134. a. solida a singulis praestentur If my Tenant that holdeth of me by a Harriot alien part of the land to another every one of them shall pay Harriot because it is an entire thing Quaelibet concessio fortissime contra donatorem interpretauda Litt. Com. 42. a. If Tenant in Fee make a lease for life without mentioning for whose life it shall be taken for the life of the Lessee and shall be taken more strongly against the Lessor Qui non habet in aere Hobart's Rep. fol. 133. luat in corpore And therefore the Law hath provided several executions for the executing of the Law and he that hath not to pay of his goods c. must suffer in his body by imprisonment Qui ex damnato etitu nascuntur Litt. Com. 3. b. 78. a. 123. a. inter liberos non computentur A man makes a lease to B. the remainder to the eldest issue male of B. and the heirs males of his body B. hath issue a bastard son he shall not take the remainder because in Law he is not his issue Qui haeret in litera haeret in cortice The statute of Glouc. c. 5. which giveth the action of waste against the Lessee for life or years which lay not against them at Common Law speaketh of one that holdeth for term of years in the plurall number and yet though it be a penall Law whereby treble dammages and the place wasted shall be recovered yet tenant for half a year being within the same mischief shall be within the same remedy though out of the letter of the Law Qui ad mit medium dirimit finem Litt. Com. 161. a. 26 Ass 17.3 E. 4.2 And Qui obstruit aditum destruit commodum And therefore if a man be disturbed to enter and manute his land this is a disseizin of the land it self Qui peccat ebrius Litt. Com. 247. a. luat sobrius A drunkard who is voluntarius daemon hath no priviledge thereby but what hurt or ill soever he doth his drunkennesse doth aggravate it Qui per alium facit Litt. Com. 258. a. per seipsum facere videtur If the master command the servant to go to the Land and make claim there to avoid the discent if the servant doth all that which is commanded and which his Master ought to do there it is as sufficient as if his Master did it himself Qui semel Actionem renuntiavit Litt. Com. Coke l. 8. f. 58. Beecher's case amplius repetere non potest A retraxit is a barre of all actions of like or inferiour nature Qui sentit commodum Coke l. 5.99 Rook's case c. l. 5.24 Dean and Chapter
two-fold like those two great Lights Bracton l. 9.23 3 H. 6.55 which God hath set in the Firmament of our Heart Nature and Reason Lex naturae est ratio summa insita in hominis natura quae jubet ea quae faci enda sunt prohibetque contraria Cic. l. 1. de legibus The Law of Nature is Soveraign Reason fixed in mans nature which ministreth common Principles of good and Evill The Law of Reason is that which deduceth Principles by the discourse of sound reason The rules of Reason are of two sorts some taken from Forraign Learnings both divine and humane the rest proper to Law it self Of the first sort are the principles and sound conclusions from forraign Learnings First from Divinity the Doctrine of Religion To such Lawes of the Church as have warrant in holy Scripture 34. H. 6.40 our Law giveth credence 1. The Sabbath day is no day for Law-dayes 1 Eliz. Dy. 168. F.N.B. 17. f. 12 E. 4.8 Dies Dominicus non est juridicus If a Scire facias out of the Common Pl as bears Teste upon a Sunday it is error Of Grammar 2. Words in construction must be referred to the next Antecedent when the matter it self doth not hinder it An Indictment against I. S. serviens I. D de D. im com Mid. Butcher 9 E. 4. 4â— 32 H. 8. Dy. 46. b This is not good for Serviens is no addition and Butcher referreth to the Master which is the next Antecedent From Logick In the Maxim of Causes and Effects The Cause ceasing 5 E. 4.8 b. 7 El. D. 293. b. 13 El. 401. 13 E. 4.10 b. the Effect doth likewise cease The King granteth an Office to one at will and ten pound-fee for life 14 H. 7.2 pro officio illo Now if the King put him from his Office the Fee shall cease 4. Things are construed according to that which was the cause of it 21 E. 4. 68 b. 14 E. 3.14 b. 14 Ass pl. 20. 3 E. 3.84 One imprisoned till he be content to make an obligation at an other place and afterwards he doth so being at large yet he shall avoid it by duress of imprisonment 5. Things are construed according to that which is the beginning thereof 33 Ass pl. 7. 10 Eliz. Dy. 266. b. If a servant departed out of his Mâ—ster's service kill his Master upon malice that he bare him whilst he was his servant it is petty Treason 6. And therefore a derived power cannot be greater Litt. 6. 28 Ass pl. 4. 2 E. 4 1â— than that from which it is derived The Atturney of one that is disseized cannot make claim of from the land if the Disseizee himself durst have gone to the land 7. Things are dissolved as they be contracted 19. E. 4.1 5 H. 7.33 b. 5 H. 7.7 b. An Obligation or other matter in writing cannot be discharged by lan Agreement by word 8. Things grounded upon an ill and void beginning cannot have a good perfection 10 El. Dy. 344 An Infant or Feme covert make their Will and publish it and after dying of full age or sole yet the Will is nothing worth 9. He that claimeth paramount a thing 2 3. El. Dy. 187. shall never take benefit nor hurt by it An Executor recovereth and dieth intestate Administration of the first Testator is committed to J. S. J. S. shall not sue execution upon this Recovery for he is Administrator to the Testator Paramount the intestate 10. Things are construed according to the end 19 E. 4.3 13. E. 3. Joynder in ayd 10. 50. Ass pl. 2. Vouchee upon a Grand cape ad valentiam shall not lose the land though he cannot save his default For the Processe is onely to this end to have him to appear In the Maxim of Subjects and Adjuncts Where the foundation faileth 3. E. 3.74 b. 49 E. 3.8 all goeth to the ground A Church appropriated to a spiritual Corporation becometh disappropriate if the Corporation be dissolved Things incident cannot be severed 7 E. 4.11 12 El. 12. 381. Dy. 12 El. 12.379 19. H. 8. Br. Incidents 34. 3. E. 3 Ass 441. Lord and Tenant by fealty and homage the Lord releaseth his fealty this is void for fealty is incident to homage Things by reason of another are of the same plight Two Copereeners make partition and one covenants with the other to acquit the land 42 E. 3. 6 E 6. Dy. 72. b. F. N. B. 21. b. Now if the Covenantee abett his part the Alienee shall have a Writ of Covenant Personall things Cannot be done by another 7 H. 4.19 21. E. 4.34 Suit of Court cannot be done by another They cannot be granted over as matters of pleasure ease 12 H. 7.25 19 H. 8.10 7 H. 4.36.11.3.4.1 12 El. 179. Br. Licences 25. trust and aeuthority A license to hunt in my Parke to go to Church over my ground c. cannot be granted over So a warrant of Atturney made to one to deliver seizin he cannot grant this his authority over They dye with the person When a corporal hurt or damage is done to a man 2 H. 8.21.1.2 P. M. 114. as to beat him c. if he or the party beaten dye the Action is gone Among the disagreeable arguments First from these that differ only is a certain respect and reason not indred and in nature Things do inure diversty according to the diversity of Time Lands given in Frank marriage reserving a rent 26 Ass pl. 66. the reservation is voidâ— till the fourth degree past and afterwards good Person viz. Of the same person One that hath a rent-charge going out of the wive's lands 14. H. 8.6 releaseth it to the Husband and his Heirs the Husband yet shall not have it but it shall inure to him by way of extinguishment onely as seized in the right of his wife Severall persons A man makes a lease of a Mannor except an acre 1 2 P. M. 104. 11 E. 4.2 this acre is no part of the mannor as to the Lessor but as to him that hath right to demand the Mannor by an eign title it remaineth parcell and therefore he shall make no foreprise in his writ Then from Relatives No man can doe an act to himself 3 El. Dy. 188. 13 H. 8.22 Lit. 147. b. And therefore if the Sheriff suffer a common recovery it is error because he cannot summon himself Of Comparisons from the equalls Things are to be construed secundum equalitatem rationis If two four 26 Ass pl. 37. Coke 136. Sir Will. Herbert's case Bract. l. 1. c. 23. H. 8. Fitz. or more men being severally seized of land joyn in a recognizance all their lands must equally be extended From the greater and the lesse The greater doth contain the lesse 3 4 P. M. Dy. 150. b. By a pardon of Murder man-slaughter is pardoned A matter of