principall reason inseperable truth of euery thing which the vnderstanding straineth out of the secret and hidden causes of thinges for as in hearbes if we touch them outwardly we do not finde nor feele any moisture in them but rather take them to be vrie vntill by pressing or distilling of them we wring out a iuyce proper to their nature So the Law doth conceiue and conclude many things of ordinarie contingents which common sense can not perceiue but rather imagineth them to be clean contrary to the truth whereas they may to a good vnderstaÌ„ding easily appeare to be true by the certaintie necessary coordination of their causes and reasons That this may be made euident I mean to annexe some particulars for the explaning therof 1 It is cleere by Law that a terme and a freehold of the selfe same thing may be both in one man at one time yet if this be deliuered to a superficiall vnderstanding it will seeme a paradoxe Tenant for terme of yeres maketh his executors dyeth the executors purchaseth the reuersion in this case both the terme fee-simple are in the executor to seueral purposes for the terme shal be assets to the vse of the testator the fee simple free inheritance for the vse of the executor his heires And if a man be seised of land of an estate for life the remainder to his executors for yeres he may deuise this term or assigne it And if lessee for yeres grant his terme to the wife of him in the reuersion to a stranger the inheritance of the husband can not extinguish the moitie of the terme because he hath the inheritance in his owne right the terme in right of his wife A man seised of land in right of his wife is attainted of felony the king seiseth the land pro vita viri the king hath but a chattel the wife the freehold for if a stranger enter the husband dye the wife shall haue an Assise 2 Likewise it will seeme strange though in Law reason it be true that a man should be remitted to his land to some intent yet not to an other As if a recouerie be had vpon a false title against tenant in taile the tenant in taile dyeth the issue entreth he is in of his first right against all but onely the recoueror So if tenant in taile discontinue his sonne heir apparant disseiseth the discontinuee to the vse of the father the tenaÌ„t in taile dieth the sonne by M. Chookes opinion is in his remitter against all but onely the discontinuee the issue in taile which hath good cause of a Formedon in the discender is of couin that A. should disseise the discontinuee against whom he recouereth he shall not be remitted in respect of him but shal be accompted a disseisor but against all others it seemeth that he is remitted Tenant in taile maketh a feoffement to the vse of his wife and his sonne being heire apparant to the intaile and dyeth the issue is remitted against all persons but onely the woman A title may be executed to some intent and yet not executed to an other And therefore if there be tenant for terme of life the remainder in fee to a stranger against whom a recouerie is had pro loco tempore in a Warrantia chartae brought by a stranger of other land he in the remainder dyeth the recouerer is impleaded and voucheth the heire of him in the remainder and recouereth tenant for life dyeth execution shall be â—ued against the heire of the land whereof his auncestor had a remainder because there was a remainder executed in the father to this intent at the time of the Warrantia chartae brought but to all other intents it was executory for it was not executed that the wife might be endowed nor for him in the remainder to bring a writ of right But the remainder in such cases is to some intents executed for if he in the remainder had aliened his remainder in Mortmaine the lord might haue entred and vpon such a remainder the lord may haue a Cessauit but the heire shall not haue an Assise of Mortdauncester 4 A thing may be extinct or in suspence in one respect and in Esse in an other respect the father being tenant in taile alieneth the land with warrantie and hath a rent charge in fee issuing out of the land of his sonne and heire apparant which rent discendeth to the sonne this rent is a good assets for the value in respect of the discontinuee and yet it is extinct in respect of the issue A man seised of a rent seruice is bound in statute staple and after purchaseth the land out of which the rent is issuing after execution the rent is extinct as to the conusor but in Esse as to the conusee A corrodie is graunted to I. S. for life who graunteth it backe to the grauntor for terme of yeares rendring rent the corrodie is in Esse as to the payment of the rent but in suspence as to the taking of the corrodie And it was lately ruled in one Caires case in the Court of wardes that if a man held land of the Queene by a certaine rent and the Queene graunteth the rent to a stranger who graunteth it to the tenant the rent is extinct as to the payment but in Esse as to the tenure The King seised of a forrest graunted the office of the forrester to one rendring rent and he graunteth the forrest to an other the forrester forfayteth his office yet the grauntor shall haue the rent So that it must needes be that the office to the intendment of law is to that intent in Esse And if a man graunt to an other a rent out of his land in fee vpon condition that if the grauntee or any of his heires dye their heire being wythin age the rent shall cease during the minoritie if the grauntee dye hys heire wythin age his wyfe shall haue dower but cessabit executio during the nonage But in this case it seemeth that if the heyre dye during his nonage the wyfe of the heire shall not haue dower of the rent because it was neuer leuiable by the sonne as it was by the father A man seysed of two acres of lande hath issue two daughters and dyeth now the rent is in suspence as to one moitie and in Esse as to an other moitie 5 The intendement of the Law is as stronge in a matter of law as the trueth it selfe in a matter in facto And therfore if A. be disseised and hys brother maketh a release with warrantie to the disseisee and afterward entreth into religion this warrantie shall be a barre to A. although that hee be lyuing for A. may haue his land by discent and therefore it seemeth to be reason that the warrantie should discende
vpon him as his heyre Note here of what validitie the intendement of Law is touching a ciuill death The Wardein of the Fleete who hath the office in fee dyeth seised and the office discendeth to his sonne and heire being then in prison the Law doth presently discharge him of imprisonment because he is to be at large the better to looke to others that be in pryson A man maketh a lease to one for terme of life rendring the first seauen yeares a rose and if he will hold the land any longer then seauen yeares that then he shall pay foure Markes yerely liuerie is made the lessee surrendreth at the ende of the first seauen yeares his estate was adiudged to be but a terme ab initio and no freehold and the writ of couenant brought against him for not repayring was qui tenuit ad terminum annorum If a man make a lease of land excepting the trees which grow vpon the land the trees are seuered in law for he hath no reuersion of them and if he sell them and after the sale make a feoffement the feoffee shall not haue them because they were seuered by the vendition or sale of them for by the exception they were seuered from the terme but not from the inheritance but by the vendition they were seuered from the inheritance If the Baylife of the land doe demaunde a rent seruice and the tenant denyeth it and the Baylife sayth that hee will distraine for it and the tenant sayth that hee shall not distrayne wherefore the Baylife dare not proceede further to take a distresse for doubt of death thys is a disseystn of the rent in the eye of the Lawe And if a rent seruice be warranted to one and the land doth escheat the Law as M. Finchden thinketh transferreth the warrantie to the land 6. One thing in the vnderstanding of Law may be of seuerall natures in seueral respects and so one writ may be two seuerall writs to two seuerall intents In an action of debt the declaration was of x. li. vpon a sale and v. li. which he had deliuered to the defendaut to redeliuer and it was held good because the action was in the debet and detinet and the warrantie of atturney and the essoine in this case shall be in placito debiti Quaere If a man lease land to one for terme of yeares rendring rent and the lessor graunteth his rent to a stranger and the lessee surrendreth this doth not extinguish the rent for now it is a rent seck which doth not depend vpon the reuersion And so one man to the vnderstanding of Law may haue seuerall capacities or respects For if a man disseise a feme sole being an inheritrix of certaine land and after he taketh her to wife and they haue issue and the husband is disseised and the disseisor leuieth a fine wyth proclamations the husband dyeth fower yeres after the proclamations and before the fifth yere be passed the issue being of full age and after the wife dyeth and the fifth yere passeth now the issue is bound as heire to his father yet he may haue other fiue yeres as heire to his mother to be accompted from the death of his Father So if I. S. be tenant of land for terme of an other mans life the remainder to an other for life the remainder to the said I. S. for terme of his life or in fee and he is disseised and the disseisor leuieth a fine with Proclamations and the fiue yeares incurre now is I. S. bound for the present estate but if he in the mesne remainder for life die hee shall haue other fiue yeres for the other estate So if a man haue an estate in land for the life of A. the reuersion to himselfe for the life of B. the remainder to himselfe for the life of C. and is disseised and the disseisour leuieth a fine with Proclamations he shal haue fiue yeares seuerally after euerie seuerall estate determined I. S. giueth land to A. his daughter in taile and hath issue B. another daughter and dieth A. dieth hauing issue C. a Precipe is brought against C. who voucheth to warrantie her selfe and B. as heires to the donour of the reuersion to haue the warrantie paramount in this case is C. both the vouchor and the vouchee A terme is deuised to one who is made executor he entreth this is an administration and an execution of the terme vnto him and he is both deuisee and executor A. couenanteth by Indenture with B. that the sonne of A. shal marrie the daughter of B. and that therefore B. shall giue vnto A. an 100. li. if the marriage did not take effect before such a day that then A. and his heires should stand seised to the vse of B. and his heires vntill the hundred pound be payed by A. his heires or executours B. dyeth and after the marriage taketh not effect the vse and possession of the land vesteth in the heire of B. but Quaere saith Brooke whether he shall be in ward or no for he is an heire and yet he is a purchasor If I. S. be Deane of P. I may giue him land to him and his successours and to him and to his heires there hee taketh both as Deane and as a priuate man and is tenant in common with him selfe so if a rent charge be graunted in such manner he shal ioine with himselfe in an Auowry Likewise the Lawe may deny one a benefite as he is I. S. and yet allow it vnto him as he is executor to I. N. and therefore if an executour be Outlawed or Excommunicated which be disabilities in Law yet as an executour hee may maintaine an action because he sueth and is to recouer to the vse of an other person and so an executour may haue an action of trespasse in his owne name without nameing his companion in the executorshippe if goods be taken out of his possession For he is possessed of them as a priuate man but he is possessed of them to the vse of an other as executour And he need not in the case aforesaid name himselfe executour For if he do it may tend to the abatement of the writ according to M. Kebles opiniō who saith that the possession of one of the executors his meaning is as he is executor is the possession of both and herewith agreeth the opinion of Newton but by their fauors though the propertie of the executors in the goods of the testator be one and the same yet the possession may be seueral for he that hath the custody of goods may only be said to be in real and actual possession of the same which kinde of possession is onely heare meant for which cause a writ of Detinue that concerneth the possession of goods shall bee brought only against that executor who is possest of the goods 7 The Law may
worke seueral thinges in one instant as if a disseisor make a lease for yeres and after he and the disseisee release by one deed to the tenant for yeres the Law adiudgeth the release of the disseisor first to take effect and after the release of the disseisee for there is no priuity nor estate in the lessee vpon which the release of the disseisee may inure if the Law doe not make such construction If the tenant for thirtie yeres make a lease for tenne yeares and they both surrender to him in the reuersion the surrender is good for both estates and yet the lessee for tenne yeares coulde not surrender by himselfe for defaulte of priuitie but when the other ioineth with him his surrender shall hee taken to goe before and the other to followe it Likewise if the tenaunt for terme of life surrender to the grauntee of the reuersion this is both an Attournement and also a Surrender So if a man haue land by discent by the Mother side and leaseth it for yeares the lessee couenanteth and graunteth to pay yerely to the lessour and his heires xx s. the lessor dyeth the Law in a moment will conuey the reuersion to the heire of the part of the Mother and the twenty shillings to the heire of the Fathers side because it is a sūme in grosse 8 By intendement and admittance of Law a thing suspended may bee reuiued for if the donour disseise the donee in taile and after maketh a feoffement and the tenant in taile reentreth nowe the feoffee shall haue the reuersion So if the heire in taile entreth vpon the discontinuee and maketh a feoffement vpon condition and for the condition broken reentreth and after a recouerie is had by the discontinuee the issue in taile is now restored to his first action and the entaile is reuiued for by the breach of the condition the feoffement is disanulled Tenant for life the remainder in taile the remainder in fee to the heires of the tenant for terme of life graunteth a rent charge in fee this shall charge the land during his life but it shall be suspended during the entaile and after the entaile determined it shall be reuiued and shall charge the heire of the tenant for life 9 The Law altereth the nature or substance of a thing by matter ex post facto A man seised of lande in right of his wife entreth into religion the wife alieneth the husbande is deraigned the husband may reenter into the land So if a man bee indebted to a villaine who recouereth in an action of debt and after the debtour purchaseth the mannor to which the villain is regardant and after alieneth it the villaine may nowe haue execution If a man make a lease for terme of an other mans life rendring rent and the arrerages incurre the lessor shall not haue an action of debt because he hath a franktenement in the rent but if Cesty que vie die now is the freehold as to the rent conuerted into a chattell and nowe he shall haue an action of debt Likewise a deuorce altereth the estate of frankemariage into a bare freehoold If a man adde a condition to a single Obligation after the deliuery this maketh the Obligation void for now it is not his deed and the same Law is of the rasing or enterlining of a condition after the deliuery of the Obligation If land bee giuen to one in taile and the donee giueth the land to the donour and to a straunger for terme of their liues this is a discontinuance conditionall namely if the straunger suruiue If the Sheriffe attache one by force of a Capias that is iustistable but if hee returne a Non est inuentus vpon the writ he is a trespassour ab initio If I. disseise I. S. and leuie a fine to I. N. and after I. S. entreth vpon I. N. and enfeoffeth me and I. N. entreth vpon me and I bring my Assise and I. N. pleadeth the fine in barre I may auoide the fine by shewing the matter aforesaid If a fine be leuyed of land in auncient demesne and the Lord disanulleth the fine leuied at the Common Lawe he hath restored the right to him that leuied the fine If hee which abateth after the death of the tenant in fee simple make a Feoffement vpon condition to be perfourmed within nine yeres ensuing and after the feoffee leuieth a fine with Proclamations and the fiue yeares incurre the condition is broken and the abator reentreth now the heire of him that dyed seysed may haue an Assise of Mordauncestor against the abator whereas before hee was bounde by the fine Tenant in tayle maketh a Feoffement and taketh backe an estate in fee and bindeth him selfe in statute Marchant and then maketh a Feoffement vpon condition and after the recognisance is put in execution and the tenant in taile dyeth and the heire in taile being within age entreth for the condition broken he is remitted and the recognisans auoided but otherwise it had bin if he had bin of full age for then he comming in vnder the Estoppell should not haue auoided the Estoppel nor by consequence the recognisans If my very tenant be seised of a Manor held of the King in Capite and of an other Manor held of me by knightes seruice and he is disseised of the Mannor helde of the King and afterward dyeth seised of the Manor held of mee wherevpon I seise the body of the heire and after the heire within age recouereth the Mannor held of the King nowe the King may haue my lande also in Warde because the heire shall nowe be adiudged to bee in by discent and the King shall haue the Wardeshippe of the body If my Horse strike one and after I sell the Horse and afterwarde the partye that was stroken dyeth of the stroke nowe shall the Horse be forfayted as a Deodand If a villaine inflicte vpon himselfe a mortall wounde and the Lorde seyseth his goods and then the Villaine dyeth nowe shall the Queene haue his goods because hee is Felo de se A man administreth of his owne wrong and after taketh letters of Administration of the Ordinarie this shall relate to the death of the intestate the heire chargeth land which is after recouered in a writ of Dower the woman shal holde it discharged Thus it is euident that the vnderstanding of the Lawe worketh especially vpon relations on the first causes of thinges reducing through many straites of colourable pretenses and obiections the right of a thing to him to whom it appertaineth according to the qualitie and exigence of the said right and title so that the vnderstanding of the Student when it entreth into the suruey of these intricate and hidden pointes must bee of this abilitie to compound thinges and to resolue them by imagination to builde and destroy and to turne sayle
appeare by that saying of Salust sentencing the proceeding of the Romaines in a matter of estate fit reus magis aequo bonoque quam iure gentium Bomilcar comes eius qui Romam â—ide publica venerat this is not so much comprehended in writing as in the true vnderstanding of that which is written It is necessary by the iudgement of an other Law which saith Etsi nihil facile mutandum est ex solennibus tamen vbi aequitas euidens poscit subueniendum est and againe iustus iudex aequitatem solutius sequitur This though it haue place somtimes in the precepts rules and cases of the ciuil and common Laws yet it hath more affinity with the Law of nature and the Law of nations which are ignorant of the knots and intricate points of these aforesaid Lawes Now that we haue discoursed of these seueral Lawes it remaineth that we should shew what things are the principall obiects of the Law which may be reduced to two heads for either they are real or personall That which is reall is either land or that which issueth out of land land is either firme and fixed earth or that which is immediatly and coherently annexed to the earth as houses By the differences of this diuision a pischarie or fishing is excluded whether it be libera piscaria that is a libertie of fishing in an other mans pondes or waters which he hath in common with others For xx persons may haue a fishing after that sort in one riuer and it is therefore called libera because none may disturbe them to whom the fishing belongeth Or seperalis piscaria which in our bookes hath seuerall significations for either it may signifie a seuerall fishing which one man alone hath in an other mans soile Or els where a man hath a seuerall fishing to himselfe in his owne ground and so it is a thing compounded of water and of earth and therefore it is said that where a graunt is made of a stagne or piscarie the land passeth And in a Formedon brought of a gorse which in Latin is called gurges a gulfe or dâ—epe Yarmouth wherein fishes are commonly taken the demaundant shall recouer the land and soile it selfe And it hath bin adiudged that a fishing so taken lyeth in Tenure And a writ of Aiell was brought of a fishing as a thing lying in demesâ—e And also of a stagne or poole But it cannot be termed land because the water is not coherently fired to the soile but otherwise it is of an acre of lande which is couered with water for though that be ouerflowed with water yet it is not naturally ouerflowed as a ponde or fishe-poole is And therefore it is said 12. H. 7. that a man may haue a Praecipe de vna acra terrae cum aqua cooperta or de vna acraterrae generally at his election But a tenement cannot be said to bee freehold except it touche the earth and therefore a chamber built vpon a hallor parlor cannot be said to bee freehold because it cannot be perpetuall for the foundation may perishe and for that cause it cannot be demaunded by plaint or Writ Yet 9. E. 4. an exchaunge was made of lande for a chamber but that prooueth it not to be freehold for an exchange may be of things of diuers natures as of land for rent And so of a rent for a common A Castell whether it bee a thing either of it selfe or parcell of a seigniory or Mannor may well be called land or freehold For though land may not be parcell of land no more then one Leete or Hundred may bee parcell of an other Yet land may be parcell of a Manor And a parke may be parcell of a Mannor And land may be parcel of an Honor. And of a Castle It is nowe shewed what may properly be called Land and it is not impertment to declare how many sortes of land which we haue before called firme ground may be demaunded by Law of which the Law hath a seueral contemplation Land therefore as it is subiect to the consideration of Law is sixefold Arua Florida consita compascua mineralis in frugifera Arua is the arable ground which is tilled with the Plough Florida the garden ground which procreateth flowers Herbes all such thinges as the Bee doth feede vpon Consita is the wooddie ground which is throughly replenished with trees plants shrubbes and such like Compascua is that which bringeth forth grasse and fodder Mineralis is that wherein mines are conteigned whether they be regall mines as mines of Gold or Siluer or baser mines as brasse leade copper tinne coales or the like Infrugifera is that which is barren and cannot be helped by manurance as the soile where rushes weedes ferne and such things doe grow and it is good to know the diuersitie of these seuerall sortes of grounde that when such thinges are to be demaunded by writ they may be demaunded by their proper names and kinds and therefore if a feoffement be made of two roodes of land and after a house is built there vpon and part of it is become medowe parcel pasture ground and parcell wood the demaund must be by the name of a house medowe pasture and wood and there is a writ in the Register de minera plumbi cuiuscunque generis metalli cum pertinentijs and ruscaria the soile where rushes do grow must be demanded by number of acres And where a stagne hath bin or land couered with water if the water be turned out of the course or dried the land may be demaunded by the name of medow That which issueth out of land or the profits of land are of three sortes Naturall Industriall and Artificial The Naturall profits of land are such as doe rise by the force and benefit of Nature principally and not by the diligence and labour of man as apples hearbes trees and such like Industriall profits are such as doe principally require the diligence and culture of man which vnlesse it be continually applyed natura nihil operatur as corne hoppes woad saffron and such like Artificiall profits are these which are reserued graunted or issuing out of land by the Acte of man and the approbation of Law as a common of pasture a warren a rent and thinges of like sort Common of pasture is of fower sortes appendant which is belonging onely to arable grounde or to land that consisteth as well of arable ground as of other thinges as a Mannor or measuage but the appendancy doth principally grow by reason of the arable and therefore it belongeth to such beastes onely as doe manure or marle the grounde as horses oxen kine and sheepe And if a man haue common to certaine arable landes in one Village hee cannot vse the Common with beastes that manure his arrable in an other Village And this ought
to bee intended of auncyent arrable ground not of land newely improued For continuance of time immemoriall maketh the appendancy wherefore if the arrable land to which common is appendant do by purchase come into the possession of the owner of the soile in which the common is to be taken the common is extinguished in his person But if after the tenements be seuered by alienation as they were before the common is reuiued by some aucthoritie because the same auncient arable land to which before it belonged still continueth But by some it is otherwise because being once extinguished it cannot be de nouo and in an instant made appendant Common appurtenant is where a man prescribeth to haue common of pasture belonging to his land with all maner of beastes it differeth from a common appendant in this that a common appendant is onely to be taken by such beasts as manure or marle the ground and by such number of beastes as will serue to manure or marle the ground to which the common may be claimed and belongeth onely to them as long as they are demurrant vppon the land But a common appurtenant may be taken by all maner of beastes Likewise a common appendant must be onely claimed by reason of land which may be marled or manured but a common appurtenant may bee claimed by reason of a mesuage or house Furthermore a common appendant groweth onely by continuance of tune and the essence of it is prescription ioyned wyth appendancie But a common appurtenant may bee graunted at this day and springeth vp in an instant And a common appendant can not be seuered from the land to which it belongeth But a common appurtenant may be seuered And they differ in this that a common appendant must be vsed and taken according to the rate and quantitie of ground in regarde of which it is granted or claimed But a common appurtenant may be claimed for beastes sans number for by the opinion of Monbray none shall haue a writ of AdmeasuremeÌ„t of pasture but he that hath a common appendant So that it may be probably collected that a common appurtenant because it cannot be admeasured may be wel enough sans number And it may be likewise to a certaine number of beastes for if a man at this day will grant one a mesuage with a common appurtenant for tenne beasts I doubt not but this is a good common appurtenant to the mesuage Common by vicinage is where two townships or moe do entercommon and haue entercommoned from time out of mind which is not to be vsed by putting the beastes of the inhabitants of one towne into the landes of the inhabitants of an other towne for so they may be distrayned damage feasant But they must put them in their owne fieldes if they stray into the fieldes of the other village they must suffer them to be there and they must put in their beastes hauing regarde to the freehold of the inhabitants of that village where the common is to be vsed This kind of common Mast Littleton maketh appendant but by other aucthoritie it is a feueral and distince kind of common Common in grosse is where a man claymeth to haue common for all maner of beastes whether the number be certaine or vncertaine by speciall graunt in writing or by prescription in him that claymeth or his auncestors or they whose estate he hath not by reason of any particuler land this common may be vsed by the beasts of a stranger which the proprietarie of the common may giest as we tearme it A Warren is a profite likewise which may be taken out of other mens ground by prescription and if the owner of the soile 〈◊〉 any one by his commaundement or as his seruant doe come vpon the soyle and do â—hase the Conies he cannot iustifie the chasing though he may iustifie his entrie into the ground And a rent is also a profit issuing out of the soyle of a stranger and sauoureth of the nature of the land out of which it issueth therfore if rent issue out of land in auncient demesne it is auncient demeshe so it is of rent granted out of land in Gauelkind it shal be deuided as the laÌ„d it selfe And so it is of rent graunted out of land deuisable by custome though the rent bee graunted but of late time And so if rent be receiueable out of customarie land as borough English or where dower is to be had of the halfe part and such like the rent shall be of the custome and nature of the land and therfore in the demaunde of such rent by Praecipe or in a Replâ—â—in the tenure by auncient demesne of the land is a good plea. And so if land in taile be deuided amongest parceners the 〈◊〉 reserued to one of the 〈◊〉 parceners shall be in 〈◊〉 and of the same condition as the land was Parsonall thinges 〈◊〉 thinges either in possession or in action Thinges in possession are either goodes or chattels the name of goodes is naturall and ciuill by the naturall signification all such thinges are comprehended vnder the name of goodes which may profite But as the name of goodes is taken ciuilly it stretcheth to the whole he ape and bodie of a mans wealth together with the charge and deductions the reason of this differenceis because nature consideâ—â—â— thinges as 〈◊〉 they are but a common weale or citie after such sort as is most expedient And though the charge which followeth goodes do deâ—race somewhat from the value and estimation of the same yet because it is to be discharged and satisfied out of the goodes it is therefore ioyntly reckoned and considered with the goodes themselues Chattels which in the common Law are tearmed Catalla are diuersly taken for the profits of land if they be gyuen generally vnto the King by acte of law they may be called Chattels and therefore the profits and issues of the landes and 〈◊〉 of them which flie for felony are forfaited vnto the King vntill such time as they be acquited and that by the Statute of Praetog cap. 10. which sayth that the King shall haue omnia Catalla talium fugitiuorum and vnder the word Catalla is comprehended the corne which was growing vpon the land at the time when the forfeyture of the goodes did begin to take place And if a man be outlawed in an action of debt and the outlawrie be retourned so that the writte issueth to the Escheator to seise the goodes chattels and land of the partie outlawed the issues of the land shall be taken to the kinges vse vntill he haue sued his Charter of pardon for an outlawed person shal not forfait any land but the profites onely as rent and corne if he be outlawed in a personall action Otherwise it is if he be outlawed of felonie for then the King shall haue
the escheat of the land or the Annum diem vastum But if the profites of land be generally graunted by the act of the partie then they are the substance of the land and doe not passe without liuerie And if a man graunt the profites of land the land it selfe passeth And therefore it hath bin held by Fortescue and Danby Iustices that tenant in fee simple may graunt vesturam terrae and the grauntee shall haue it after his death But the tenant in taile for life tenant in dower and tenant by the curtesie cannot make any such graunt but if they dye the graunt is determined And if a feoffement be made of land vpon condition that neither the feoffee nor his heires shall take the profites the condition is voide and the feoffement simple and absolute and in such cases the profites of land may not be tearmed Catalla no more then the landes themselues But vnder the word Chattels a lease for terme of yeares is comprised And likewise a right of action for goodes as if goods be taken wrongfully from a felon Or when one is indebted to a felon by bond Or when he is accomptable to a felon by reason of any receipt or otherwise Thinges in action are such in which a man hath neither propertie nor possession as if a man doe owe to an other xx pound vpon a writing obligatorie though he haue a propertie and possession in the writing or charter yet the summe contained is a thing in action in which he hath neither propertie nor possession and so it is of an Aduowson when the church is voide of an incumbent for the patron can not graunt it to any other because then he should graunt but fructum aduocationis which is a thing rather imagined by law then subsistent by nature and therfore the patron can not truely be said to haue propertie or possession in it But though such thinges be to some intent merely in action yet in some cases they are taken as thinges vested and therefore if a man be seised of an Aduowson and the church become void and he dieth his executors shall present and not the heire for the aduowson in regard of the executors was a chattel vested in the testator The King may graunt things in action and so may a common person in some cases As if a man bring an action of debt against I. N. and the plaintife is indebted to me and promiseth me that if I will ayde him against I. N. that I shall be paied out of the summe in demaunde there it is lawfull for me to ayde and maintaine the plaintifie against I. N because by the promise I haue interest in the summe demaunded And where a man is indebted to me in xx pound and an other oweth him xx pound by obligation he may assigne this obligation and debt to me in satisfaction And I may maintaine suit for it in the name of the other A Table of certain words in the Interpretation whereof the Common Law of this Realme and the Ciuill Law doe seeme to agree A. ACcusatio A bill of presentment is a regular fourme of complaint whereby offences are opened and punished Acquisitum purchased that is said to be whereof the propertie is translated from one to an other Affines are the kinsmen of the husband and the wife by mariage so called because two Kindreds which are diuerse one from the other are coupled by marryage and one of them commeth to the borders or marches of the other kindred Ad nos pertinere is said that which doth belong vnto vs eyther by way of propertie or by way of possession or by charge or by administration Aedes plural a house consisting of diuerse rowmes for domus may consist onely of foundation wall couer as the integrall partes or as some briefly say which consisteth of soyle and superficies Aestas sommer a part of the yeare which beginneth at the equinoctial of the spring and endeth at the equinoctiall of Autum and so sommer winter are deuided by vi moneths Annona vittaile is not referred onely to corne but to the meate of the shambles as well to fish as flesh Aperta vis open force which is manifest and euident and doth not receiue any excuse of simplicitie Arborvento deiecta hath not now the name of a tree but the name of wood Arbor dum crescit lignum cum crescere nescit Area a floare is a vacant place therefore called Area quasi exaruerit and were not able to bring forth any thing it hath bin taken to be such an emptie place as doth lye discouered locus ab aedificio purus and hath no superficies it is called a plot of grouÌ„d court or yard Argenâ—um siluer it is of three sorts infectuÌ„ factum signatum Infectum is that which is vnpollished and not adorned with any particular forme being in the ore or bullion newly seuered and singled from the ore Factum is that which is beutified with some particuler forme of which kind is a siluer cuppe a siluer goblet a siluer bowle or a siluer mazard Signatum is that which beareth some speciall Image or impression such is the siluer that is coined accompted currant Argentum factuÌ„ must be described by the kinde or shape Infectum by the weight SignatuÌ„ by the number Arrestare is by the authoritie or warrant of the lawe to hinder that either a man or his goodes bee at his owne libertie vntill the lawe be satisfied Artifices artificers are they which sell things laboured by them and by their labour reduced into a particular forme as Shomakers Smithes Glouers Taylors and Weauers but artificium if it be largely taken extendeth to the knowledge of euery arte artifex and opifex differ for in the one there is labour and iudgement in the other labour only Assultus an assault is a violence done to a mans person by the person of an other man B. Bona fides a sincere conscience excusing one of ill meaning C. Carcer is taken two wayes for it is eyther locus custodiae or locus paenae Cauillatio when a man turneth his speach ab euidenter veris ad euidenter falsa Cella because there we do celare we do hide that which we would keepe secret or close Ciuitas a citie it is taken materially and formally being vnderstoode materially it doth signifie a multitude of houses made of stone and timber being formally taken it is ciuilis societas quasi societas simul viuens and not viuens simplie but viuens bene for as Cicero saith ciuitas sine legibus is corpus sine anima and therefore Aristotle sayth non concedimus vt homo imperet sed ratio Cliens is he that is in suite so called quasi colens and hee who dealeth for him in the cause is called patronus quasi pater Codicillus the declaratioÌ„ of a maÌ„s last wil which without the iust solemnitie of a