a directory and doe not bind the estate or interest of the land yet if the fine or recovery or other assurance be pursued according to the Indentures there cannot be any bare averment against the Indentures to be taken in such case that after the making of the Indentures or before the assurance by mutuall agreement of parts was concluded and agreed that the assurance shall bee to other uses but if other agreement or limitation of uses bee made by writing or by other matter so high or more high then the last agreement shall stand for every contract and agreement must be dissolved by a matter of as high a nature as the other was vide ibidem plura in the Earle of Rutlands case Coke l. 6. f. 43. b. Blakes case A writ of Covenant and the breach was for not reparing of the house and the Defendant pleaded accord betweene him and the Plaintiff with satisfaction and though it be regularly true that arbitrement or accord with satisfaction is no plea where the action is founded upon a deed for every thing is to be discharged by a matter of as high a nature as it is obliged yet there is a diversity where the duty accrueth by the deed in certainty tempore confectionis as by covenant bill or obligation to pay a sum of mony there it is a certaine duty and ought to bee discharged by a matter of as high a nature but where there is no certaine duty accrueth by deed but onely a wrong or default subsequent together with the Deed which onely giveth an Action to recover damages as for default of reparations there an accord with satisfaction is a good Plea because the end of the action is onely to have damages in the personalty for the action is not meerely grounded on the deed but also from the deed and the wrong subsequent and generally in all Actions where damages are only to bee recovered arbitrement or accord with satisfaction is a good plea vide ibidem plura Vnum quod que dissolvitur eo modo quo constituitur Nay Max. f. 4. As an obligation or matter in writing cannot be discharged by an agreement by word but by writing and though in abatement as a receipt of part upon a deed it shall not bee admitted without a deed of it 19. E. 4. 1. b. In an annuity growing by prescription rien arreare is a good plea for a prescription is no matter in deed but in an annuity by deed it is no good plea without shewing an acquittance 3 H. 7. 33. An Act of Parliament cannot bee avoid but by Parliament The submission of an arbitrement by deed must be countermanded by deed Things may bee avoided and determined by the ceremonies and Acts like unto those by which they were created Bacon uses c. as Livery and Seisin by entry a grant by claime and charge by discharge and an use which is raised by declaration and limitation may cease by words of declaration and limitation Non impedit clausula derogatoria sine clausula de non obstanâ—e de futuro quo minus ab cadem potestateres dissolvantur a quibus constituuntur Bacon Max f. 67. Acts which are in their nature revocable cannot by strength of words be fixed or perpetuated the law judgeth it to bee idle and of no force to deprive men of that which is most incident to humane condition and that is alteration and repentance As if I make my will and in the end thereof adde this clause Also my will is if I shall revoke this present will or declare any new will unless it bee in writing subscribed with the hands of two witnesses c. that such revoration shall he void any such pretended will to the contrary notwithstanding yet may I by paroll without any writing repeale the same and make a new one So if a statute bee made that no sheriff shall continue in his office above a yeare and if any patent be made to the contrary though it bee with a clausula de non obstante it shall be void yet notwithstanding such a Patent of the Sheriffs Office made by the King with a non obstante will be good in law because it is an inseperable prerogative of the Crowne to dispence with politike statutes and of that kind notwithstanding any derogatory clause 28. E. 3. c. 7. 24. E. 3. c. 9. 2 H. 7. 6. If the Parliament should enact that there should be no Parliament but that the King should have the authority of Parliament and rule by the ancient lege regia it were good in Law quia potestas suprema seipsum dissolvere potest because the highest power may dissolve it selfe Bacon From the matter DEbile fundamentum fallit opus Noy Max. f. 5. when the foundation faileth all goeth to the ground As when an estate to which a warranty is annexed is defeated the warranty also is defeated as if Tenant in taile discontinue and the discontinuee is diseised or maketh a Feoffment upon condition in whose possession a collaterall ancestor of the issue in taile releaseth and dieth the issue is barred but if the discontinuee enter upon the disseisor or upon the Feoffor for the condition broken the issue is restored to his formedon Lit. Coke l. 6. f. 14. a. Burton was deprived for adultery and afterwards by a generall pardon adultery was pardoned and though the deprivation was in force and that he that after the deprivation was admitted instituted and inducted remained Parson yet by force of the said pardon is hee become Parson againe without any sentence declaring the deprivation to bee void for by the pardon the adultery which was the foundation of the deprivation was discharged and by consequence all that was depending on the said foundation is discharged for sublato fundamento corruit opus So if an execution bee sued upon a statute and then the connusee maketh a defeasance upon the statute upon the payment of twenty pound if the twenty pound be paid the execution shall be defeated as well as the statute 20. Assize Pl. 7. If there be a disseisor of Lands in ancient demesne and the Lord confirmeth to him to hold at the common Law the disseisee reentreth now the land shall be ancient demesne again for the estate wherupon the confirmation should enure is defeated 49 E. 3. 8. A Church appropriated to a spirituall corporation becommeth disappropriate if the corporation be dissolved 3. E. 3. 74. b. Licet tenenti vetus opus reficere non novum facere Febl 2. f. 51. A Tenant may repair an old work but not make a new one As by our law the Tenant may cut downe trees for the amendment of houses or reparation of them 44. E. 3. 21. and 44. 11. H. 4 32. But if the necessity of a new house commeth in question as to build a Stable or no house be built upon the Land at the time of the Lease the Lessee may not cut downe trees to make a
of false imprisonment because that he is Iudge of the Cause 14 H. 8. 16. Factum a Judice quod ad ejus officium non pertinet ratum non est Reg. I. C. Coke l. 10. f. 76. b. Judicium a non suo Judice datum nullius est momenti An act done by a Iudge which doth not appertain to his Office is not allowed and a Judgment given by him is not his proper Iudge is of no weight nor moment As if the Sheriff who is prescribed by the Law to hold his Turn within a month after Michaelmas holdeth his Turn after the moneth and taketh an Indictment of robbery at the same Turn and the Indictment is by a Certiorari removed into the Kings Bench by advice of all the Iustices the party so indicted was discharged because the Indictment was utterly void coram non judice because at that time the Sheriff had no authority to hold it And if a man have a Leet which is holden at a day certain if he hold it another day such Court so holden is void and without Warrant but it is otherwise of a Court Baron Coke ibidem but if the Court of Common Bench holdeth plea without an Originall it is not void for they are Iudges of those pleas and it cannot be said that the proceeding is coram non judice 19 E. 4. 8. Iudgment in the Marshalsey when none of the parties be of the houshold of the King may be avoided by plea without any Writ of Error which proveth that it is void 6 N. 2. So in Trespass before the Marshall if none of the parties be of the houshold of the King it is coram non judice because they passe their power 29 E. 4. 16. If one of the Queens houshold sue another of the same houshold and the Plaintiff is put out of service the plea depending the other may shew this and abate the Writ but otherwise it is if the Defendant be put out of service Lib. de divers des Courts f. 102. b. And if a man be impleaded in the common place for lands within the Cinque-ports the Tenant may shew to the Court that the land is within the Cinque-ports and by this plea the Court shall be outed of iurisdiction but if the Tenant doth plead in bar which is found against him and the Demandant haue judgment to recover the land tâ— is judgment shall bind the Tenant for ever Ib. 107. b And so it is of land in ancient Demesne if a Writ be brought for them in the common place if the Tenant appear and plead the bar and taketh no exception to the jurisdiction and the plea is found against him so that the Demandant recovereth he shall not reverse this by a Writ of Error because he might have taken exception to the jurisdiction of the Court and that should have been allowed ibidem But the Lord may reverse this judgment by a Writ of Deceit and make the land ancient Demesne as it was before If a man devise to one lands devisable the Devisee cannot sue for these lands in the Ecclesiasticall Court but if he make a devise of goods and chattles reall as a terme of years or of a ward he may for such sue in that Court F. N. B. f. 43. b. Jurisdictio est potestas de publico introducta cum necessitate juris dicendi Coke l. 10 f. 73. Iurisdiction is a power introduced by the publick for the necessity of decreeing and doing right The Iurisdiction of the Court of the Marshally was first instituted for the necessity of the rule and governance of the Servants of the Kings house-hold and therefore was it anciently stiled placita corona aulae hospitiâ— domini regis the Pleas of the Court of the house-hold of the Lord the King by which words it is proved that the one or the other party ought at the least to be of the house-hold of the King for how can these words stand when neither of the parties be of the house-hold of the King and that is the reason that it is not necessary in suites before the Steward and Marshall to alledge that the Plaintiff or Defendant were of the house-hold of of the King for the stile of the Court doth the same imply ibidem So the jurisdiction of the Court of Py-powders was introduced for the necessity of doing right in suits and matters concerning Markets and as that Court hath not jurisdiction but for things concerning the Market so hath it not Iurisdiction for matters concerning the Market unlesse they be done in the same Market M. 42. 42. Eliz in B. R. Hall brought a Writ of Error against Jones of a judgement given in the Court of Py-powders of the Market c. for Jones one of the Registers of the Bishop of Gloucester because Hall had published slanderous words of him c. and the judgement was reversed for two errors because those words did not concerne any matter concerning the Market and therefore the Court had no jurisdiction of it but if one slander any that shall come into the Market in any thing which concerneth his trade an Action well lyeth against hims and 2. it appeareth in the count that the words were spoken before the Market and not in it for the Court hath onely jurisdiction of those things which are done and said in the Market ibidem a. b. Where there is no colour to hold Plea as in a Court Baron of Land not holden of a mannor all is void but where there is colour to hold Plea though it be by plaint where it should be by originall yet the Iudgement rendred is onely voidable by a Writ of Error ibidem Non pertinet ad judicem secularem cognoscere de ijs quae sunt spiritualibus annexa Bract. l. 5. c. 2. It doth not appertaine to the secular Iudge to take cognizance of those things which are annexed to spirituall things And therefore the branches of Trees which are priviledged from Tithes shall be also priviledged but the suite for the Tithe branches of Trees which are not priviledged shall be in the spirituall Court as well as the suite for the Tithe of Trees themselves Res judicata pro veritate accipitur Coke com 103. a. The thing adjudged is taken for truth As in an Action of debt upon an Obligation against an Abbot the Abbot acknowledgeth the Action and dyeth the successor shall not avoid execution though the Obligation was made without the assent of the Covent for he cannot falsify the recovery in an higher Action and the thing judged is taken for truth and this is but a Chattle and so is it of a Statute or Recognizance acknowledged by an Abbot and Prior ibidem And therefore doth the Law so much respect the certainty of Iudgement and the credit and authority of Iudges as it will not permit any error to be assigned that impeacheth them in their trust and office and in wilfull abuse of the same but onely
their Predecessors but excuse themselves and answer for their proper fact and demeanor for it is a common erudition that the Defendant in his answer and bar ought either to traverse or confess and avoid the Plaintiff vide ibidem plura Yet in Treasons and Felonies one shall be punished for anothers offence and by our Law and not without good reason the Sons of them which are disloyall Subjects and Traytors to their Prince are barred from the Inheritance of their Ancestors that their Fathers infamy may alwaies accompany them and that their life should be a punishment to them and their Fathers fault a continuall corasive and that is done because their Fathers Ulcers are feared in them and that being bred and brought up of naughty Parents they will be prone to do the like and this penalty is used in the nature of a medicine that by suffering shame he may be deterred from crime and therefore as Coke com 5. f. 391. l. by his attainder of Treason or Felony is the blood so stained and corrupted that his Children cannot be Heires to him nor to any other Ancestor And therefore where the Tenant is outlawed of Felony it is in the Lords election to have a Writ of Escheat supposing that his Tenant was outlawed of Felony or that he died without Heir for by the attainder the blood is corrupted 48 E. 3. 2. But it seemeth by Nichols case that the party attainted ought to be dead before the land can escheat for according to Dyer and Brian in the Kings case after the attainder and till Office be found the Fee-simple shall in facto be in the person of the attainted so long as he shall live for as he hath a capacity to take lands of a new purchase so he hath power to hold his ancient possessions and he shall be Tenant to a Praecipe and if he died before Office found and the land be held of the King the land shall go to the King in nature of a common Escheat Ployd 477. Nichols case but in case of Treason the King shall be presently after the attainder in actual possession without Office found by the Statute of 33 H. 8. c. 20. If the Father purchaseth land and his eldest Son is attainted of Felony and dieth the next in degree of descent and worthiness of blood unto the Son attainted shall not have the land but it shall escheat to the immediate Lord of whom the land is held for the blood is corrupted otherwise it had been if he had died in the life of the Father having no Issue Dyer 48. An account is brought against two the one entreth into an account and it is sound against him it shall bind both 44 E. 3. 18. One is imprisoned in the Marshalsey and a stranger breaketh the Prison and the prisoner escapeth the Marshall shall be charged for the whole debt If I have a way over the lands of twenty men and one of them stoppeth the way in his land I shall have an action against all those over whose lands the way was 33 H. 6. 26. by profit A rate is put upon a Town for the fees of a Knight of the Parliament The Beasts of him hath paid his part are taken for the residue he shall not have a Replevin but the beasts shall be sold to pay his duty 11 H. 4. 2. In quo quis delinquit in eo de jure est puniendus Co. com f. 233. b. In what one offendeth in the same by right he is to be punished As if any Keeper kill any Deer without warrant or fell or cut any Trees or under-woods and committeth them to his own use it is a forfeiture of his Office for the destruction of the Deer is by a mean the destruction of the Venison And so it is if he pull down the Lodge or any house within the Park for putting of Hay into for feeding of the Deer or such like it is a forfeiture and the reason why the Office shall in such and the like case be forfeited because in what one offendeth in that he shall be punished Dispensatio mali prohibeti est de jure Domino regi concessa propter impossibilitatem providendi de omnibus particularibus dispensatio est mali prohibiti provida relaxatio utilitate seu necessitate pensata Coke l. 11. 88. a. The dispensation of a prohibited evill is by right granted or allowed to the King because of an impossibility for providing for all particular things and a dispensation is a provident relaxation of an evill prohibited recompensed with profit and utility As where an Act of Parliament which generally prohibiteth a thing upon penalty which is popular or where it is onely given to the Queen may be inconvenient to divers particular persons in respect of the person place or time c. therfore in such causes the Law hath given power to the Queen to dispense with particular persons But when the wisdome of Parliament hath made an Act to restrain pro bono publico the Importation of any forrein Manufactures to the intent that the Subjects may apply themselves to the making of the said Manufactures c. and by it maintain themselves and families Now for private gaine to grant the importation of them to one or divers against the said Act is a Monopoly and against the Common Law and against the end and scope of the Act it self vide ibidem plura in the case of Monopolies Coke l. 5. f. 28. Cawdrys case By the Ecclesiasticall Lawes of this Realm a Priest cannot have two Benefices nor a Bastard be a Priest but the King by his Ecclesiasticall power and jurisdiction may dispense with both these because they are mala prohibita and not mala in se The King by a clause of non obstante may dispense with the Statute-law and that if the Statute saith that dispensation shall be meerly void 2 H. 7. Grants 73. Finch f. 82. Coke comm f. 120. a. A party or Minister disabled by reason of any corrupt Contract c. by the Act of 13 Eliz. which is an absolute and direct Law cannot be dispensed withall by any Grant c. with a non obstante as it may be when any thing is prohibited sub modoâ— as upon a penalty given to the King Coke l. 4. f. 35. b. in Bozums case when the King by the common Law cannot in any manner make a grant there a non obstante of the common Law will not make the grant good against the reason of the common Law as if the King granteth a protection in an assize or Quod impedit with a non obstante of any Law to the contrary that grant is void for by the common Law a protection doth not lye in any of these cases 39. H. 39. But when the King may lawfully make a grant but the common Law requireth that he may be so instructed that he be not deceived there a non obstante may supply it as when the King
in possession by the antient Law the entry of the disseisor for his negligence had beeâ— taken away which now is onely by descent many aâ—â— continuall are the mutations of the Law according to the changes of the time For the rule and ground holdeth quod perpetua lex est nullam begem humanam ac positivam esse perpetuam that it is a perpetuall Law that no humane or positive Law is perpetuall Bac. Max. f. 70. Tempus edax rerum Coke l. 3. f. 21. A. maketh a lease for years to B. and when the Terme is ended the remainder to C. the reversion is good for it is certaine enough that every terme shall end for time is the consumer and divourer of things Distingue tempora concordabis leges the times being distinguished the Law will be reconciled Coke l. 9. f. 16. b. The King by the Statute de bigammis 4. E. 1. when the heire was of full age had nothing but primam seisinam capiendo exitum the profits of the Land in effect for one yeare but could not endow the Feme because after the Heire was of age he was not guardian and for that reason he could not endow the Feme at the common Law no more then guardian in chivalry might who though after the Heir was of full age did hold the Land further for the value of the marriage no Writ of dower did lye against him because he was not guardian yet afterwards by the Statute de praerogativa regis 17. E. 2. the King had power to endow the Feme although the Heire were of full age si vidua illae voluerint so as the Statute leaveth it to the election of the Feme whether shee will be endowed in the Chancery or at the common Law so as by distinguishing the times the difference of those Laws are apparently agreed and reconciled Omnia tempus habent habenâ— sua tempora tempus Coke l. 10. f. 82. a. All things are subject to time and time it self hath also its times as by the Statute of 34 H. 8. three severall Times ought to concurr in a devise whereby the King may have the value of the third part the first is tempus habendi every person having the 2d is tempus tenendi holding of the King the third is tempus disponendi may â—ive and dispose as if a man be seised of one acroâ—â—f Land in fee in chiefe by Knights service and of two other acres in fee holden in socage and the Tenant infeoffe his youngest Son of the acre holden in chief and of one of the other acres to have to him and his heirs and afterwards purchaseth Lands holden in socage he may devise all his Lands newly purchased holden in sooage because he had no Lands holden of Knights service in Capite at the time of the devise for the acts have made a conjunction of the Lands which the Tenant holdeth in socage with the Land which he holdeth of the King by Knights service in Capite so as when the Tenant hath conveyed the Land holden in Capite to his youngest Son now when he made his Will of the Lands so newly purchased he had no Lands holden of the King in Capite at the time of the devise and the Statute restraineth only those Lands in socage which he had at the time of having of the Lands holden in Capite vide ibidem plura in Loveys case For Judicis officium est ut res ita tempora rerum Quaerere quaesitâ— tempore tutus eris A Judges part it is to ponder things with time And by the square of time sure Judgment so to finde Coke Com. f. 202. a. If a rent be granted payable at a certaine day and if it be behinde and demanded that the Grantee shall distraine for it in this case the Grantee needeth not to demand it at the day but if he demand it at any time after the day he shall distraine for it for the Grantee hath election in this case to demand it when he will to inable him to distraine But upon a Lease for years reserving a rent upon condition that if the rent be not paid at Michaelmas or within one and twenty dayes after that then he may re-enter the tenant is not bound to pay the rent or tender the mony before the last instant of the last day but if he do not then the Lessor may re-enter and have the Land and the rent also but if the Lessor be not at the time there to receive the rent he cannot re-enter though he demand the rent before Brook Intender 41. unlesse before the Lessee meets the Lessor upon the Land and tender the Rent on the same day Coke Com. f. 22. a. Ployd f. 392. 393. a. Where a thing is referred to a time which declareth certainly if it be mistaken all shall be void as Trin. 7. E. 3. 26. One bringeth a Writ and reciteth that it is contained in the Articles made in the time of Edward the second and declared further according to the statute and the writ was abated by award for that those Articles articuli super chartas C. 9. were made in the time of Edward the first So Tr. 18. E. 3. f. 25. A statute Merchant was made to be paid in the sixteenth yeare of E. 3. and the party sued execution and the Writ supposed the sum to be paid in the fourteenth yeare of E. 3. and by the suit the Feoffee was outed whereupon he sued a Writ of error in the Kings Bench and the writ was abated and it was said that the time declared certainty for it might be that there were two statutes payable at diverse severall daies and therefore the day of payment was materiall ibidem So if a defeasance be made of a statute which reciteth it to be made the tenth day of May where it beareth date the first day of May the defeasance is void for the misprision of the time for the law saith that it may be that there was two statutes the one bearing date the first day and the other the tenth day vide ibidem plura in the Earle of Leicesters case A loco from the place LOcus pro solutione reditus aut pecuniae secundum conditionem dimissionis aut obligationis est stricte observandus Coke l. 4. f. 73. a. in Burchers case The place for the payment of money or rent according to the condition of a Lease or obligation is strictly to be observed As if a common person maketh a Lease of Lands in R. reserving a rent to be generally paid at such a feast upon condition of re-entry if it be not then paid the demand must be upon the land for the land is the debtor and therfore that is the place of demand appointed by the law and if there be an house upon the land he must demand the rent at the house and not at the back doore but at the fore doore because the demand must be made at the most notorious
flyeth to the wall or to some other unpassable place to save his life and upon the pursuit of the other he killeth him this is man-slaughter in his own defence 3. E. 3.284 From morall Philosophy NExt in order succeeedeth morall Philosophy the exact knowledge of which as Picolonomy Inductio ad libros Civil Philos cap. 6. cannot be comprehended without the precognition of the naturall and therefore hath the precedency for the morall faculty doth instruct men to avoid vices and to cure the maladies of the mind which cannot be compleatly accomplished without the naturall contemplation of the affections of the soul it is called Ethica by the Phylosopher or institutions of manners by which the oblique manners of men are rectified and their Enormities regulated and certainly from such exorbitances of manners originally proceeded the institutions of Lawes and from whence as Doderidge all Laws are in generalty derived for in the primary age which may rather be named the Iron then the golden age when men lived like beasts Dod. English Lawyer f. 250. the one praying on the other according to the censure of the Philosophicall Poet. Quod praedae obtulerat fortuna cuique ferebat Sponte sibi quisque valere vivere doctus What fortune offered for a pray each one Layd claime to it learned to live alone And serve himselfe Then were Laws first excogitated to suppresse the barbarous Savageness of such humane beasts and to reduce them to a more civill association as the Venusine Poet rightly Jura inventa metu injusti fateare necesse est Tempora si fastosque velis evolvere mundi If we revolve the Annalls of mans time From the worlds birth we must confesse and find That Laws were founded for feare of the unjust Seeing then Laws were introduced from the depraved judgements and corrupt manners of men who will not acknowledge that the science by which they are formed and the principles deduced from it are requisite and materiall to the fundamentall knowledge of the Law From which Fountaine our Law doth draw these grounds and maximes Illud possumus quod jure possumus Reg. I.C. We can doe that which by right we can doe for as Boetius potentia non est nisi ad bonum ability and power is not but to good for the power to have liberty to doe wrong is not by such liberty augmented but diminished potentia injuriae est impotentia naturae the power to doe injury is the impotency of nature as to decay and dye is no power but in respect of the privation and diminution in the thing is rather impotency as the Angells and Saints confirmed in glory and cannot sin are more powerfull then man who through his impotency can sin So a King ruling royally and with whom whatsoever shall please him hath the power of a Law and may doe what evill he lift is more impotent then he that doth all according to the rule and square of Law and therefore doth the Law give this rule Illud Rex solum potest quod de jure potest Coke l. 3. 99. f. 123. l. 1. 11. f. 7. Solum Rex hoc non potest quod non potest injuste agere The King onely can doe that which by right he can doe and the King can onely not doe this that he cannot doe any thing unjustly as 4. E. 4. 15. the King can be no disseisor he can be no wrong doer so if the King granterh and releaseth the services to the tenant and his heires that shall not extinct the tenure in all for necessity of the tenure and the King cannot by his charter alter the Law and therefore it shall be expounded as neere to the intention of the King as may be and that is to extinguish all the services but it onely which is incident inseperably to every tenure and that is fealty for it the King cannot doe by Law Coke l. 9. f. 123. a. And Coke l. 11. f. 72. a. The King shall not be exempt by construction of Law out of the generall words of Acts made to suppresse wrong because he is the Fountaine of Justice and common right and the King being Gods Lievtenant cannot doe wrong and with it accordeth 13. E. 4. 8. in the case of Alton woods l. 1. f. 41. So Lands were given to Henry the seventh and the heires males of his body and the question was whether the King in regard that he was not expresly restrained by the Act of 13. E. 3. de donis conditionalibus post prolem masculam sussitatum might alien or no and it was adjudged he could not alien but was restrained by the said Act for it were an hard argument to grant that the Statute which restraineth men to doe wrong and evill shall permit liberty to the King to doe it Ployd f. 246. Signior Barklys case Coke ibidem vide plura Potestas regis juris est non in juriae cum sit author juris non debet inde injuriarum masci occasio unde jura mascuntur Bract. l. 2. The Kings power is of right and not injury and as he is the author of right there ought not from thence to arise occasion of injury from whence rights proceed As if one who intendeth to sell his Land and by fraude conveyed it by deed enrolled to the King to the intent to deceive the purchaser and then he selleth the Land to another for a valuable consideration maketh conveyance accordingly in this case the purchaser shal enjoy the land against the Queen by the Statute of 27. Eliz. c. 4. For though the Queen be not excepted yet the act being general made in suppressing of fraud shall bind the Queen So if tenant in tail be seised of Land the remainder over in tail or in fee and he in the remainder knowing that tenant in tail will alien the Land and by recovery bar his remainder to the intent to deprive the tenant in tail of his birth-right and power that the Law hath given him to bar the remainder and of intent and purpose to deceive the purchaser granteth his reversion to the Queen by deed enrolled and then tenant in tail for a valuable consideration alieneth the Land by common recovery and dyeth without issue the purchaser shall enjoy the Land against the Queene by the Statute of 27. Eliz. the words of which are that every conveyance c. made c. to the intent and of purpose to deceive a purchaser t. shal be deemed onely against such purchaser c. to be utterly void vide ibidem plura in Magdalen Colledges case l. 2. in Cholmlys case f. 51.52 And the King hath a prerogative above all his Subjects that where by fraude or salse suggestion he is deceived that he in that case shall avoid his owne grant jure regio 22. E. 3. 47. in the Earle of Kents case Stanf. pr. regis 84. a. As the King can neither doe himselfe injury nor others And
a fine with proclamations now by the present right he hath five years by the first favant and if after these five years A. doth dye he shall have other five years for the next remainder by the second savant which giveth them as to other persons which have a future right and if after those five yeares B. doth dye he shall have other five years by the other remainder for saith he it is the text of the civil Law when two rights meet together in one person it is all one as if they were in severall persons Ployd ibidem vide ibidem plura in the Lord Zouches case Exception Coke l. 7. Calvins case f. 14. b. This rule holdeth not in personall things that is when two persons are necessarily and inevitably required by Law as in the ease of an alien borne there is for in the case of an alien borne you must of necessity have two severall legiaries to two severall persons and no man will say that now the King of England may make a League with the King of Scotland and that because in the Kings person there concur two distinct Kingdomes it is all one as if they were in severall persons vide ibidem f. 2. Coke l. 4. f. 118. a. Though a Bishop when he is translated to an Arch-Bishoprick or a Baron be created an Earle now he hath both those dignities and as it is commonly sayd when two rights concurr in one person it is all one as if they were in severall persons yet the Act of 21 H. 8. was alwayes construed strictly against Non-residence and Pluralities as a thing much prejudiciall to the service of God and the instruction of his people and therefore within that Act an Arch-Bishop shall have no more Chaplaines then as an Arch-bishop or an Earle then as an Earle for though they have diverse dignities yet is it but one and the same person to whom the attendance and service shall be made and if a Baron be made Knight of the Garter or Warden of the Cinque Ports he shall have but three Chaplaines in all Et sic de similibus quia difficile est ut unus homo vicem duorum sustineat because it is an hard thing for one man to undergoe or sustaine the Place and Office of two persons Coke l. 4. In the case of the death of one within the Verge the Coroner of the houshold of the King and the Coroner of the County shall joyne in the Inquiry and if one be Coroner of both he shall well execute this authority Quilibet potest renunciare juri pro se introducto Coke Comment f. 99. a. Every man may renounce or refuse a Law made or brought in for himselfe as a man seised of lands may at this day give the same to a Parson Bishop c. and their successors in frank-almoigne by the consent of the King and the Lords mediate and immediate of whom the Land is holden for every one may renounce a Law brought in for himselfe and f. 223. b. The Statute of 32. H. 8. giveth power to tenant in tail to make a lease for three lives or twenty one years yet if a man make a gift in tail upon condition that he shall not make a lease for three lives or twenty one years the condition is good for the Statute doth give him power to make such leases which may be restrained by condition and by his own agreement for this power is not incident to the estate but given to him collaterally by the act according to that rule in Law Quilibet potest c. Coke l. 10. f. 101. a. In the Act of 23. H. 6. c. 10. the words upon reasonable sureties of sufficient persons are added for the security of the Sheriff and therefore if he will take but one surety be it at his perill for he shall be amerced if the Defendant appeareth not and for it the Statute doth not make the obligation void in such case for the said branch which prescribeth the forme requireth that the obligation shall be made to the Sheriff himselfe c. by the name of their office and that the prisoners shall appeare in which clause no mention is made of the sureties so as the intent of the Act was that for that it was at the perill of the Sheriff to leave it to his discretion to take one or more for his indemnity and peradventure it may be better for him sometimes to take one that is sufficient then two others and though the sureties or surety have not sufficient within the same County as the Statute mentioneth yet the obligation is good enough for those words of the Act as to that point are more for counsell and direction of the Sheriff then for precept and constraint to him and that for the safety of the Sheriff for if the Defendant cannot find two sufficient sureties having sufficient within the same County the Sheriff is not bound to let him to bail and this resolution agreeth with the ancient rule to wit Quilibet potest c. An Orphant in London exhibited a bill in the Court of request against another for discovery of part of his estate Phesant prayed a prohibition upon the custome of London but it was resolved that he might sue in what Court he would and wave his priviledge there 19. C. B. R. But this case extendeth not to any thing that is against the Common-wealth or common right Coke com f. 166. a. Summum jus summa injuria Ployd 160. b. The rigor of the Law is the extremity of injury if a man make a lease of a messuage so as he may make his profit of his houses there within he cannot abate the houses or make wast of them by the opinion of the book H. 17. E. 3. f. 7. for the intent was not such though that the words seem otherwise and sayd to pursue the words is Summum jus which the Judges ought not to doe but ought rather to pursue the intent And for the same reason the Executors of Tenant for life shall have reasonable time to remove his goods after his decease and a man shall have reasonable time wherein he shall purchase a Writ of Journys accompt Finch Nomot Jus descendit non terra 20 H. 6. 5. The right descended and not the land and Coke Inst f. 345. a. b. There is a right which includeth an estate in esse in Conveyances which he in reversion and remainder hath and hath jus in re and may be granted to a stranger with attornement or released to him in possession as if Tenant in fee-sample maketh a Lease for yeares and releaseth all his right in the Land to the Lessee and his heires the whole estate in Fee-simple passeth and also the release to him in possession with the reservation of a rent is good and there is another right which is called a bare meere and naked right and jus adrem when an estate is turned to a right
enfeoffed him long before the judgment in fee absque hoc that he was seised at the time of the judgement or any time after whereupon issue was taken and the Jury found the Feoffment and further sayd That it was made by covin to defraud the Plaintiff and other Creditors and it was judged for the Plaintif vide ibidem plura and fol. 166. Fraus praesumitur si insolitae clausulae apponantur Reg. J. C. and Coke l. 3. f. 81. Clausulae insuetae semper inducunt suspicionem As there in Twins case A Deed of gift was in part adjudged fraudulent because an unusuall clause was inserted in it and for that the Deed contained that the gift was made honestly truely and bona fide vide ibidem plura Dona clandestina sunt semper suspiciosa Coke l. 3. f. 81. Gifts in secret are alwayes subject to the suspition of fraud which there in Twins Case was one of the reasons alledged to prove a Deed of gift fraudulent to wit that it was made in secret And so in Burrels case l. 6. f. 72. the assignment of a Lease was taken to be fraudulent because it was delivered in a secret manner to a person of meane quality And for the same reason by livery and seisin in one County the Lands in another County will not passe Noys Max f. 3. Jus fraus nunquam cohabitant simul Coke l. 10 f. 49. a. Right and fraud never cohabit or dwell together As a Recovery cannot be sayd to be by collusion where tenant in taile is in the Recovery whether he be tenant in Deed or tenant in Law as a Vouchee For the Law hath made all the reversions and remainders as incidents to his estate subject to his pleasure and he hath right and power to bar them all ibidem And Coke l. 8 f 132 b. Covin cannot be alledged in doing of a lawfull act As in a Writ of Dower against a disseisor if the Tenant plead in abatement of the Writ entry by the disseisee the demandant shall not be received to aver the entry to be by covin to abate the writ because the entry is congeable and lawfull and mixed with no wrong as it is holden in 15. E. 4. f. 4. and if a disseisor or an abator endow a feme who hath title of dower it is good because it is a lawfull act Coke l. 5. f. 30. b. Fraus meretur fraudem Ployd f. 100. and the Poet Fraus est concessa repellere fraudâ—m Fraud and subtilty deserveth fraud and subtilty and it is a lawfull deceit to repell a deceit As in 19 E. 4. f. 27. In appeale of many who pleaded not guilty a Venire facias was awarded against them all and the Court perceiving that the prisoners were in opinion to sever in the challenge of the whole pannell of subtilty to stay the tryall at that time and that every prisoner would challenge as many as they might without danger to wit twenty and that every of them shall have his entire number of twenty so that one shall not be excluded of his number by the challenge of the other and that there was but a small number of men of sufficiency then in the City to be sworne so as by that subtilty the tryall should be stayed for the present The Court agreed that the first pannell and the Tales should be divided and made severall for every one of the prisoners And accordingly said to the prisoners We perceive your subtilty well enough which deserveth little favour of the Court and therefore tell us whether you will agree in your challenges for if you will not the Clarke shall sever the pannell and then they all agreed in their challenges and after the inquest was full evidence was given and there found and one subtilty prevented and repelled by another And this fraud by the Canonists is called Benus dolus of which they have this rule Frangenti fidem fides frangetur eidem To him who breaks his faith no faith is to be shewne And instance in the example of Salomon who did use such cunning betweene the two Harlots in searching out who was the true and naturall Mother of the childe Fulb. 2. l. f. 23. Vendens eandem rem duobus falsarius est Reg. I.C. Coke l. 1. f. 45. a. A man selling the same thing to two is a falfe dealer and therefore in the grant of the King it is dishonourable for him to grant the same possession to one that he or his Progenitors had granted to another for he that selleth the same thing to two persons is a deceiver Fraudis interpretatio non semper ex mente duntaxat sed ex consilio quoque desideratur Reg. I. C. Dolus circuitu non tollitur Coke l. 11. f. 74. a. nec purgatur Bacon Max. f. 3. The interpretation of fraude is not allwayes to be gathered out of the mind but also from the councell and consent and crafty dealing and deceite is not taken away nor purged by the circuity of shifting it from one to another and though covenous acts be conveyed through many hands and mediations yet the Law taketh hold of the corrupt beginning and proceeding As if I make a Feoffment of Lands held in Knights service to I. S. upon condition that within a certaine time he shall enfeoff I.D. which Feoffment of I. D. shall be to the use of the wife of the first feoffor for her joynture c. this Feoffment is within the Statute of 32. H. 8. Bacon ibidem So if one who hath an intention to sell his Land by fraud conveyeth it by deed enrolled to the Queen with an intent to deceive the purchasor and after selleth that Land to another for a valuable consideration and maketh a conveyance accordingly in this case the purchasor shall enjoy the Land against the Queene by the Statute of 27. Eliz. c. 4. For though the Queene be not excepted yet the act being generall and made for the suppression of fraud shâ—ll bind the Queen and whosoever maketh the Queen who is the Fountaine of Justice to be an Instrument of covin and fraud and upon it obtaineth Letters Patents such Letters Patents are void or if the Queen be indeavored to take away another mans right and to that end a man obtaineth Letters Patents they shall be repealed though such covin and fraud be not contained in the grant made to the Queen but appeareth onely by averrement dehors for fraud and deceite is not taken away or diminished by the subtility of alienations Coke ibidem in Magdalens Colledge case Non facies malum ut inde fiat bonum it is the Law of God thou shall not doe evill that good may come thereof Coke l. 5. f. 30. b. lib. 11. f 7. 4 a. What hath been said of truth and falsity may be said of good and evill and are so semblable that an apparent good is often mistaken for that which is reall Jun. s 14. Fallit enim vitium
7. Quicquid non excutitur justitia non putatur Reg. I.C. Coke l. 6. f. 52. a. Quicunque aliquid statueret parte inaudita altera aequum licet statuerit haud aequum fecerit whatsoever is not discussed and tried is not to be reputed Justice and if any one shall decree any thing one of the parties being not heard though he doth decree that is right yet hath he not done that is just and equall in Bosewels case where it was resolved that no Incumbent shall be removed by a Quare Impedit or an Assise of Darrein presentment purchased within the six moneths unlesse the Incumbent be named in the Writ although the Incumbent be in a defeasible Title for then he shall be removed and adjudged not being heard Quicunque aliquid c. So Coke l. 11. f. 99. a. in James Baggs case though the Mayor and Counsel-chamber of Plymmouth have lawfull authority either by their Charter or Prescriprion to remove any one from his freedome and that they have just cause to remove him yet if it appear by the return that they have proceeded against him without hearing him to answer to what is objected or that he was not reasonably warned such a removement is void and shall not bind the party In ancient times where any were found guilty by the good people by Inquest for any mortall Offence the King gave order to execute them without any answer Mirror of Justice which custome may seem to be derived from the Dictators power among the Romans who had authority to cast any into prison and to punish him with death indicta causa And which also was a custome among the Gauls De Laud. l. Aug. 4. 82. whom now we call French which as Fortescue saith in his time remained among them to wit That the King usually calling his Nobles into his Counsel-chamber without any form of judgment were adjudged criminous by the Conscience of the Prince and thereupon were they presently by the Marshals servants put into Sacks and in the night by them precipitated into deep rivers and so drowned And which custome also was used in Almaine But King Alfred in compassion of the frailty of man who cannot keep himself from sinning without the assistance of the grace of God abrogated that custome and decreed that no Appelle or Inditee should be condemned or executed without answer Mirror of Justice l. 2 f. 3. which still continueth and therefore saith Coke l. 2. Epist ad lectorem are our Lawes commended above other which punisheth not the greatest Offenders though it be for Treason but by just and equall proceedings in Law according to the ancient Lawes of England declared by the generall Charter Nulli vendemus nulli negabimus justitiam rectum And therefore saith Fortescue De Laud. l. A. f. 122. It is part of the charge of the Judges Oath not for any command of the Prince either by Letters or by word of mouth to deviate from Justice or to deny right to any but to minister justice and right indifferently to all as well enemies as friends and accordingly saith he Queen Elizabeths charge to the Justices was That for no commandment of hers common right should be disturbed or delayed Whereas in other Countries the Judges had rather misconster the Law and do injustice then to displease the Kings humour according to the old Sarchasme Ad libitum regis sonuit sententia legis For which unlawfull and wilfull perversness some of our later Kings have been blamed and for which as Frossard saith l. 2. c. 3. Edward the second was condemned quod in audita causa aliquos proceres de medio tollebat that he did punish with death some of his Nobles without hearing their case neither was the stupendious proceeding of Henry the eigth against his new created darling the Lord Cromwell commendable Hen 8. f. 71 or allowable though acted by Parliament who being accused of high Treason and Heresie as Godwin saith inauditus damnatur is condemned without hearing his answer Neither is David's unjust judgment in condemning Mephibosheth being absent 2 Kings 16. and unheard upon the false accusation of Siba approved for whosoever shall decree any thing the other being not heard though the decree be right yet it is not just and equall Quicunque jussu judicis aliquid fecerit non videtur dolo malo fecisse quia parere necesse est Coke l. 10. f. 70. b. He that doth any thing by commandment of the judge seemeth not to have done any thing with a fraudulent intent because he needs must obey And therefore the Officers and Ministers of a Court are not to be punished for executing the precept and warrant of the Court whereas if they had refused to do it the Court would have punished them for their disobedience As in 16 E 3. 70. it is taken for a Maxime that the thing which the Officer doth by Precept or warrant of the Court cannot be said to be against the peace Dr. Stud. f. 150. The Officers of the King are bound to execute the Writs of the King at their perill But this diversity is to be taken that when a Court hath jurisdiction of a Cause and proceedeth erroniously there the party who sueth or the Officers and Ministers of the Court that execute the precept and proces of the Court are not liable to an action but when the Court hath no jurisdiction of the Cause and all the proceeding is coram non Judice actions do lye against them without any regard to the precept or proces for when he hath no jurisdiction he is no judge and it is not of necessito obey him who is no judge no more then a meer stranger for it is a rule Extra terratorium jus dicente non paretur impune He that obeyeth in prescribing Lawes beyond his jurisdiction shall not go without punishment Co. ibid. f. 57. A B. And therefore 22 E. 4.33 Pigot said that if the Court hath not power and authority their proceeding is coram non Judice As if the Court of the Common Bench hold plea in an appeal of death robbery c. and the Defendant is attaint it is coram non Judice but if the same Court in an a plea of debt award a Capias against a Duke c. which by the Law lyeth not against him and it appeareth in the Writ it self yet if the Sheriff arrest him by force of that Capias because the Court hath jurisdiction of the Cause the Sheriff is excused though the writ is against the Law And so if a Capias commeth unto him without an Originall and he serveth it it is excusable in false imprisonment Dyer f 60. pl. 26. So if a Iustice of Peace make a Warrant to arrest one for felony which is not indicted though the Iustice of Peace erre in the Warrant of it yet he that maketh the Arrest by force of that Warrant shall not be punished by a Writ
shall give notice of the said felony to some of the Inhabitants of any Village or Hamler next the place where the robbery was done and that if in their pursuit they take any of the Offenders that shall excuse them though they do not take all See there in that Statute the reason of the alteration Co. l. 6. f. 50. a. b. At the common Law a man that had once the benefit of the Clergy shall have it another time and so in infinitum which was remedied by the Act of 4 H. 7. So as the burning in the hand was not to other purpose but to notifie to the Judge whether he had had his Clergy before or no ibid. So if one be attainted at the Common Law for forging false Deeds the King cannot pardon it yet the King may pardon the corporall punishment in case of forgery in the Star-chamber because all Suites in the Star-chamber are but informations for the King though the Suit be exhibited by the party ibidem So before the Statute of 18 Eliz. c. 7. the King might in case of Inditement of Man slaughter pardon the Imprisonment 15 H. 7.9 but not in an appeal but after the Statute of 18 Eliz. by which it is provided that after Clergy allowed and burning in the hand the Prisoner shall presently be enlarged and delivered out of prison It was resolved that that Act did extend as well to the case of appeal as to the case of Inditements otherwise the party shall lawfully be discharged of his punishment and yet remain in perpetual prison ib. vide examen legum Angliae f. 29. Cessante ratione legis câ—ssat lex Coke com f. 70. b. The reason of the Law ceasing the Law it self ceaseth As he that holdeth his land by Escuage when the King maketh a Voyage royall into Scotland to subdue the Scots then he that holdeth by the service of one Knights fee ought to be with the King conveniently arrayed for the War for forty daies c. yet needeth he not go with the King himself if he will find another man and this seemeth to be good reason for it may be he is languishing so that he cannot go nor ride Also an Abbot or another man of religion or a Feme-sole which hold by such services ought not go in proper person Littleton ibidem Quia multa In jure communi propter rationabilem causam omittenda sunt for many things for a reasonable cause are to be omitted If the King give lands to an Abbot and his Successors to hold by Knights service this had been good and shall do homage and fine a man but there was no wardship or releif or other incident belonging thereunto but if the Abbot and his Heirs had conveyed the land to a natural man and his heirs now the wardship releif or other incident belonged of common right to the King So if the King give lands to a Mayor and Comminalty and their successors to be holden in Knights-service the Patentee shall do no homage neither shall there be any wardship or releif onely they shall find a man but if they convey the land to any naturall man and his heirs now marriage homage ward releif or other incidents belong hereunto for the reason of the Law being changed the Law its self is changed and the immunity which was in respect of the body politique by conveyance over ceaseth Coke ibid. Qui rationem in omnibus quaerunt rationem subvertant Theophrastus Coke l. 2 f. 7.30 who do seek reason in all things overthrow reason As if a man make a Lease of Indenture for life of lands in severall Counties and maketh livery of seisin in one County and divers daies after he maketh livery in the other County yet an intire rent shall issue out of the land in both Counties and yet the livery by which the Estate passed was made at severall times and therefore it may be argued that presently by the first livery the rent issued out of it But the Law shall not adjudge by parcels in subversion of the intent and agreement of the parties but after all Acts are made in performance of the originall contract and agreement of the parties the Law shall adjudge upon all as done at one and the same time So if a man make a Charter of Feoffment with warranty and deliver the Deed to the Feoffee and after at another time make livery secundum formam chartae yet the Warranty is good and yet it may be objected that when the Deed was delivered no estate passed to which the warranty may be annexed nor no estate was in the Feoffee by which the Deed might enure and so by nice construction upon the distinction of time the warranty shall be subverted but the Deed which comprehended the warranty took effect presently by the delivery of the Deed before livery and seisin and therefore the sentence is true that who do seek reason in all things subvert reason ibidem SECT II. A Verbis legis non est recedendum Coke l. 5. f. 118. b. we ought not to go from the words of the Law Edriches casc A. deviseth rent with distress to B. for the life of C. the heire leaseth the land for life to D. the remainder to E. in see the rent is behind in the life of D. D. dieth C. dieth B. distraineth for the arrearages of E. in remainder and resolved that he shall be charged by the second branch of 32 H. 8. c. 37. which giveth a distress for the arrearages upon such lands out of which the said rents were issuing in such manner and form as if Cestuy que vie had been living And the Judges said that they ought not to make any interpretation against the express letter of the statute for nothing can so express the intent of the makers of the act as their direct words themselves for Index animi seâ—mo and it shall be perilous to give scope to make construction in any case against the express words when the intent of the makers appeareth not to the contrary and when no inconvenience upon it shall arise for we ought not to go from the words of the Law vide ibidem plura Coke l. 10 f. 105. a. b. If in an Assise so many of the Recognitors make default that there be not twelve the Justices of Assise cannot award Tales de circumstantibus for though the Justices of Assise are named in the said Act of 35 H. 8. as well as the Justices of Nisi prius yet insomuch as the said Act doth not give power to Justices of Assise or Nisi prius but where the tryall shall be by twelve men in any Writ of Habeas Corpora or Distringas with Nisi prius and it cannot be in an Assise for Assisae capiamur in proprio Comitatu and can never be taken by Nisi prius in proprio commitatu and no exposition can be made against the express words for that shall be viperina expositio quae
me non possum nec per alium What I cannot do my self I cannot do by another 55 Quod initio non valet tractu temporis non convalescet That which in the beginning is vitious or invalid cannot by tract of time be made good or valid 66 Quod non valebit in principali in accessorio consequenti non valebit What doth not avail in the principall shall not avail in the accessory and consequent 59 Quod dignius est prius est minus digno What is more worthy is before that which is lesse worthy 72 Quoties duplici jure defertur alicui possessio repudiatâ— novo jure quod ante defertur superest vetus When a possession is cast upon one by a double right the new right being rejected which was given before the old remaineth 74 Quoties in verbis nulla est ambiguitas ibi nulla expositio contra ipsa verba fienda est Where there is no ambiguity in words therein no exposition is to be made contrary to the words themselves 427 Quod est contra rationem est illicitum What is contrary to reason is unlawfull 419 Quod est inconveniens contra rationem non est permissum in lege What is inconvenient and against reason is not permitted in the Law 419 Quod in minori valet valebit in majori What availeth in the lesse shall avail in the greater 123 Quod constat clare non debet verificari What appeareth clearly ought not to be verified 138 Quod remedio destituitur ipsa re valet si culpa absit What is destitute of remedy in the matter it self it doth avail if the fault be absent 225 Quod quis que in tutelam corporis sui fecerit jure fecisse videatur Whatsoever any man shall do in defence of his body it seemeth lawfully to have done it 275 Quod alias bonum justum est si per vim vel fraudem petatur malum injustum est VVhat otherwise is good and just if it be attempted by force or fraud is evill and unjust 284 Quod necessarium est licitum What is necessary is lawfull 317 R. RAtio est anima legis Reason is the life of the Law 417 Receditur a placitis juris potius quam injuriae delicta maneant impunita VVe ought to recede from the grounds of Law rather then offences and injuries may remain unpunished 391 Res per divisionem melius aperiruntur Things are better opened by division 133 Res inter alios acta alteri nocere non debet A thing acted amongst some ought not to hurt another 272 Rerum progressus ostendant multa quae nec praecaveri aut provideri non possunt The progresse and proceedings of things demonstrate many things which in the beginning could not be foreseen or provided for 311. 452 Res judicata pro veritate accipitur The thing adjudged is taken for truth 417 Rex est caput salus Reipublicae a capite bona valetudo transit in omnes The King is the head and safety of the Common-weale and from the head good health is conveyed to all 364 Rex est vicarius minister Dei in terra Omnis quidem sub eo ipse sub nullo nisi tantum sub Deo The King is the Vicar and Ministor of God every one is under him and he under none unlesse it be under God 358 S. SAlus populi suprema lex The safety of the people is the chiefest Law Sapiens incipit a fine A wise man beginneth with the end 461. 86 Sape locus in delicto auget vel minuit culpam In an Offence the place doth often augment or diminish the punishment 113 Securius expediuntur negotia commissa pluribus Offices and businesses committed to many are more safely discharged 368 Semper praesumitur pro legitimatione puerorum filiatio non potest probari at is alwaies presumed for legitimation of Children and filiation or begetting of Children cannot be proved 168 Semper qui dolo fecit quo minus haberet pro eo habendus est ac si habet Alwaies whosoever shall give or grant any thing by fraud wherby he may seem not to have it is to be esteemed he hath it 290 Semel malus semper praesumitur esse malus in eodem genere mali VVho hath once been evill is alwaies presumed to be evill in the same kind of evill 300 Sensus verborum ex causa dicendi accipiendus est sermones semper accipiendi sunt secundum subjectam materiam The sense of the words is to be taken out of the cause of the speech and speeches are alwaies to be taken according to the subject of the matter 28 Semper ita fiat relatie ut valeat dispositio Let the relation be so that the disposition may avail 49 Si defit obedientia non adjuvat lotus If obedience be wanting the place releiveth not 114 Sicut beatius ita majus est dare quam accipere As it is a more blessed thing so it is a greater thing to give then to take 120 Sicut natura in operationibus nihil facit persaltum Ita nec lex As nature in his operations doth nothing by skips so neither the Law 145 Si mulier nobilis nupserit ignobili de sinet esse nobilis If a Noble woman marry an ignoble man she leaveth to be noble 151 Si plures conditiones ascriptae sunt donationi conjactim omnibus est parendum ad veritatem copulativum requiritur quod utraque pars sit vera If many conditions be joyntly annexed to a gift all of them must be obeyed and to a copulative truth it is required that every part be true 11 Singulare distributive sumptum aequat plurale A singular distributively taken equalleth the plurall 23 Solum Rex hoc potest de jure potest The King can do onely that that he can do by right 242 Substantia prior dignior est accidente The substance is more worthy and before the accident 43 Suprema potestas seipsum dissolvere potest The supream power may dissolve it self 84 Subsequens matrimonium tollit peccatum praecedens The subsequent marriage taketh away the precedent Offence 177 Sublata causa tollitur effectus The cause being taken away the effect alwaies is taken away 317 Summum jus summa injuria The severity of Justice is the extremity of injury 253 T. TEmpus est mensura motus secundum prius posterius Time is the measure of motion according to priority and posteriority 99 Tempora mutantur nos mutamur in illis Times are changed and so in them are we 105 Tempus edax rerum Time is the consumer of things 105 Thesaurus domino competit regi non domino libertatis nisi sit per verba specialia Treasure belongeth to the Lord the King and not to the Lord of the liberty unlesse it be by special words 403 Tributum est victoriae proenuum poena belli Tribute is the reward of Victory and penalty of VVar 407 Totum praefertur unicuique parti The whole is preferred before every part 93 Turpis est pars quae cum suo toto convenit Foule and deformed is the part which agreeth not with the whole 95 Vbi major pars est ibi est totum VVhere the greater part is there is the whole 34 Vbi non est gubernator dissipabitur populus VVhere there is no Governour the people shall be dispersed 355 Verba ita intelligenda sunt ut res magis valeat quam pereat VVords are so to be understood that the thing may avail and not perish 317 Verba accipienda sunt in mitiori sensu VVords are to be taken in a favourable sense 29 Veritas nihil verâ—tur nisi abscâ—ndi Truth feareth nothing but to be hidden 282 Vigi anâ—ibus non dormientibus leges subveniunt The Lawes do help them that are watchfull and waking and not those who are sleepy and negligent 319 Unumquodque principiorum est sibimetipsi fides Every Principle is of credit to it self 71 FINIS