A.

ACcessorium non du­cit sed sequitur su­um Principale.

As if a man let­teth Lands for life ren­dring certain rent, if he grant in Reversi­on to another, and the Tenant attorn, all the Rent and Service pass by this word Reversion; be­cause the Rent in such case, is incident to the Reversion. But albeit he [Page 2]granteth the Rent to a­nother,10 H. 7.10. Coke l. 5.21. Ployd. 235. a. the Reversion doth not pass by such grant, Litt. 152. a. 33. H. 6.33.

A communi observantia non est recedendum. A com­mon opinion is good au­thority in Law.Lit. 186. a. Coke:

Actio personalis moritur cum persona. If a Lessee for years doth waste, and dyeth;Litt 53. b. Dy. 114. a Writ of waste lieth not against his Exe­cutor or Administrator, for waste done in his life­time.

Actus Deinemini facit in­juriam. As,Cokel. 1.98. a. Coke l. 148. Coke l. 8.72.63. a. l. 5.86. If a Lessee co­venant to leave the wood in as good a plight as it was at the time of the Lease; and after, the trees are subverted by tempests, [Page 3]he is discharged of the Co­venant.

Actus Legis nulli facit injuriam. If Land, out of which Rent-charge is granted, be recovered by an older Title, and there­by the Rent-charge is avoided; yet the Grantee shall have a Writ of An­nuity, for that the Rent-charge is avoided by the course of Law. Coke Lit. 148. a. 178. a Coke l. 5.87. Dy, 60.

Actus non facit reum, ni­si mens sit rea. And there­fore, in criminal Causes, as Felony, the Act and Wrong of a mad-man shal not be imputed to him. Lit. Com. 247. b. Doct. & Stud. 148.

Actus repugnans nonCoke l. 1.[Page 4]potest in esse produci. Corbet's Case. Dy. 153.21. E. 436.4. E. 4.29. Ployd. 255. a. As if a Gift in Tail, upon condition, that if the Donee aliene, that then it shall remain to another, it is repug­nant; for, after aliena­tion, it cannot remain. An Obligation, solvendum nunquam, the Solvendum is void for the contrarie­ty, and the thing presently due.

Actus me invito factus, Lit. Com. 253. b. 14. Ass. pl. 20.21: E. 4.28. Coke l. 2.9. Ployd. 18. a. Coke l. 4.70. Lit. Com. 233. b. non est meus. As, when one is compelled for fear of Imprisonment, to make a Bond, or other Deed; such fear sufficeth to avoid the same.

Actori incumbit onus probandi. Bargainee and Bargainee; if the Bargai­ner intend to avoid [Page 5]the Bargain, by reason of non-inrollment within six months; he must make manifest proof thereof, or else it will be presumed, that it was inrolled.

Additio probat minori­tatem. When it is said any where,Lit. Com. 139. a. that a man is seized in Fee, it shall be intended Fee-simple, and not Fee-tail; unless there be added to it this additi­on, Fee-tail.

Ad proximum antece­dens fiat relatio. Litt. Com. 20. b. Dy. 14. b. 46. b. Coke. l. 2.71. Cromwel's Case. If a man let Land to A. for life, the remainder to B. in Tail, the remainder to C in formâ praedictâ; this re­mainder is void, for the uncertainty. But if the remainder had been to C. in eadem forma, this had [Page 6]been a good Estate Tail; for, Idem semper proxi­mo antecedenti refertur.

Ad quaestionem facti, non respondent Indiecs. Lit. Com. 155. b. Ad quae­stionem Iuris, non respon­dent Iuratores. The most u­sual trial of matters of fact is, by twelve men. And matters in 'Law, the Judges ought to de­cide.

Aestimatio praeteriti de­licti post factum nunquam crescit. 11 H. 4.12 If the Gaoler let the Parcussor voluntarily to go at liberty; and, after, the party wounded, dy­eth; yet it is no feloninus escape.

Affectio nomen imponit operi. Lit. Com. 49. b. If it be agreed be­tween the Disseisor and [Page 7]Disseised,Ployd. 86. 141.21. H. 6.55. 1 E. 4.11. 4 E. 4.23. that the Dis­seised shall release all his right to the Disseisor up­on the Land; and accor­dingly the Disseised en­treth into the Land, and delivereth the Release to the Disseisor upon the Land, This is a good Re­lease; and the Entry of the Disseizee being to this purpose, shall not avoid the Disseizin; for his in­tent in this case did guide his Entry to a special pur­pose.

Affectus punitur licet non sequatur effectus. 34 H. 6.26.27. Ass. pl. 44.19. R. 2. Breife 726. To give money to one retur­ned on the Jury, though he be not sworn, is Main­tenance.

Affirmativum negati­vum implicat. Coke l. 9.56. As W. 2. [Page 8]2.6.11.Westm. c. 3. 4. Ployd. 206. b. That upon account before Auditors, and Ar­re-ages, they have power to send their Bodies to the next Gool of the Lord their King, in those parts. Hence it is, that it is herd, 27: H. 6.8. That the Auditor ought to commit him to the next Gaol, though another County.

Agentes & consentien­tes pari poena plectuntur. 22. Ass. pl. 82. Coke l. 5.80. a. A. maimeth B. by the consent of C. An Appeal lyeth a­gainst A. and C. and dam­ages equally against both.

Aliquis non potest esse Judex in propriâ causa. Litt. Com. 141. a. Coke l. 8.118. Dy. 65.12 H. 8.11 If one will prescribe, that if any Cattle were upon the Demeans of the Man­nor, doing Damage; [Page 9]that the Lord of the Man­nor, for the time being, hath used to Distrein them, and the Distress to retain, till Fine made to him for the Damages, at his will; This prescription is void: for so he should be his own Judg:

Apices Juris non sunt Jura. Litt. Com. 283. b. 304. b. The Law of Eng­land respecteth the effect and substance of the Mat­ter,Coke l. 4.45. b. and not every Nicety of form or Circumstance.

Ambiguum placitum interpretari debet contra proferentem. Litt. Com. 3 [...]3. b. The Plea of every man shall be con­strued strongly against him that pleadeth it; for every man is presumed to make the best of his own case.

B

Benignae sunt faciendae interpretationes Charta­rum, Lit. Com. 183. b. 112. b. propter ignorantiam laicorum, Coke l. 3.25. ut res magis va­leat quam pereat. Ployd. 197. b. 213. a. pereat. As, if Lands be given to two men, and to the Heirs of their two bodies begot­ten; the Donors have a joynt-estate for term of their lives, and yet they have severall inheritan­ces, insomuch as they cannot by any possibili­ty, have an heir between them ingendred. The Law will, that their E­state and Inheritance be such, as is reasonable, ac­cording to the form and [Page 11]effect of the words of the Gift; and this is to the heirs which the one shall beget of his body, by any of his wives; and so of the other.

Benignior sensus in ver­bis ganeralibus sen dubiis est praeferendus. Coke l. 4. fol. 15. [...] As, if one charge another, that he hath forsworn himself, it is not Actionable, be­cause it shall be intended, to be forsworn in usual communication. Coke l. 4.15.

C.

Causa & origo est mate. Coke l. 1. Shelley's case. Dy. 266. b. ria negotii. If a Servant have an intent to kill his Master; and, before exe­cution [Page 12]of his intent, de­parteth out of his service, and afterwards kills him: it is petty Treason.

Caveat emptor. If I sell another man's Horse,Litt. 102. a. and he take him out of the Vndee's possession; yet I shall have an action of debt for the mony.

Certa debet esse intentio & narratio. Ployd. 84: a. 3. E. 4.21. Debt, by one retained in Husbandry, against a Prioresse, for his Salary; and declares, that he was retain'd with her Predecessor, and doth not shew by what person; it shall abate.

Cessante causa cessat ef­fect us. Coke l. 6.13. Bur­ [...]on's case. If the Lord marry the Heir female within the two years, which he hath to tender her Mar­riage, [Page 13]her Husband and she shall presently Enter. Litt. 78. b.

Charta non est nisi ve­stimentum donationis. Ployd. 291.22. H. 6.10. And therefore if the intent be performed, though not the words of the Deed, it sufficeth:

Communis error facit jus. Doct. & Stud. 46. Ployd. 2. Manxel's case. As, an Acquittance by the Mayor alone, where there are many pre­sidents for it, is good.

Consensus, non concubi­tus, facit Matrimonium. Coke l. 5 fol. 22. Litt. 33. a. As, in Ambrosia Gorges's case: she married Francis Gorge, which Francis di­ed when Ambrosia was often years of age. It was resolved, that the Queen, notwithstanding the said marriage, should have [Page 14]the Wardship of the said Ambrosia: For, it was not a compleat Marriage, be­cause to every Marriage there ought to be a Con­sent; and, Consentire non possunt, ante annos nubi­les.

Conditio Beneficialis quae statum construit, Cokel. 8.90. b. benigué, secundum verborum inten­tionem, Dy. 45. p. 1. 7. E. 4.13. est interpretanda; Odiosa tamen, quae statum destruit, strictè secundum verborum proprietatem, est accipienda. A Lease to one upon condition, that the Lessee shall not alien to A. B. and he alien to R. B. the condition is not broken; for every Condi­tion must be taken strict­ly.

Consensus tollit erro­rem. [Page 15]If a Venire facias be awarded to the Coroners,Litt. 37. a. 126. a. where it ought to be to the Sheriff;Coke l. 5. fol. 40. or the Visno come out of a wrong place; yet, if it be per as­sensum partium, and so entred of Record, it shall stand.

Consuetudo debet esse certa. 13. E. 2. Fit a. Dum fuit infra aetatem, 3. In Trespasse for Trees carried away, the Defendant pleaded a Cu­stome, that that Tenant of the Mannor, that first came to the place where, &c. shall have the Wind­falls there: Void, for the uncertainty.

Constructio Iuris nemi­ni facit injuriam. Litt. 18.3. a. b. It is a Rule, that whensoever the words of a Deed,Coke l. 3.74. or of the Parties without Deed▪ Ployd. 77. a. [Page 16]shall have a double in­tendment, and the one standeth with Law, and Right, and the other not; that that standeth with Law shall be taken.

Consuetudo semel repro­bata, non potest amplius in­troduci. Litt. 114. b As, if a Copy­hold be Leased of the Lord of the Mannor, for Life, or Years, according to the course of the Com­mon Law, it shall never be after demised by cu­stome, as a Copy-hold. For, as continuance ma­keth a custome, so discon­tinuance destroyeth it. But a Title gained by prescrip­tion cannot be lost by in­terruption of Possession, but by interruption in the Right.

Consuetudo tollit com­munem legem. Litt. 33. b. 158. b. Coke. l. 4.21. Ployd. 36. b. vid. Stat. de consuetud. Kanciae. By the cu­stome of Gavelkind, the Wife shall be endowed of the Moiety, so long as she keeps her selfe sole, and without child; which she cannot wave, and take her Thirds for her life.

Contraria allegans non est Audiendus. 21. H. 7.21. As, in pleading Guilty to the breaking of the House, and Not-guilty to the Walls, in Trespasse, de domo fractâ & muris e­jusdem domi; It is not good.

Cui licet quod majus, Coke l. 9.23. a. l. 9.48. b. non debet quod minus est non licere. Where Copy­hold Lands may, by cu­stome of the Mannor, be granted to any one in [Page 18]Fee-simple; there, a Grant to one, and the heirs of his body, is with­in the Custom.

Cuique naturale est, id quod procreavit tueri. Ployd. 304. a. 11. H. 4.23.33. H.6.55.12. H. 4.16. And therefore is given to the Father, the education and custody of his Son; and, if any take him from him, he shall have a Writ, Qua­re filium & haeredem suum rapuit.

Cuilibet, in arte sua pe­rito, esi credendum. Lit. 125. a. Coke l. 4.29. a. l. 7.19. a. In Sen­tence given in Causes in the Spirituall Court, the Judges of the Common Law, though it be against the Reason of the Law, shall give faith and cre­dence to their Procee­dings.

Cujus est dare, ejus est [Page 19]disponere. Coke l. 2▪ fol. 70. That a Proviso make a Condition,Cromwel's case. three thing are required; First, That the Proviso do not depend upon another Sentence, nor participate thereof; but stand origi­nally of it self. Secondly, That the Proviso be the word of the Bargainor, Foeffor, Donor, &c. Third­ly, That it be compulso­ry to enforce the Bar­gainee, Foeffee, Donee, Lessee, &c. to do an Act, and where these concur, it is a Condition, in what place soever it be placed. For, Cujus est dare, ejus est disponere:

D.

Debile fundamentum fal­litCoke l. 6.14. a.[Page 20]opus. 20. Ass. pl. 7.49. E. 3.8.3. E. 3.74. When an Estate, to which a Warranty is annexed, is defeated; the Warranty also is defea­ted.

Derivativa potestas non potest esse major primitivâ. 28 Ass. pl. 4. The Bayliff of a Disseisor shall not say, that the Plaintiff ever had any thing in the Land; for the Master himselfe shall not have that plea, be­cause he is not Tenant of the Free-shold:

Destinata tantum pro factis non habentur. As if I square a Tree to make a Beam of a House, and die before it be laid in the building; it shall go to the Executors.

De fide & officio Judicis non recipitur quaestio, F. N. B. f. 21. sed [Page 21]de scientia, 3 H. 6.3.8 H. 6.23.5. E. 4.3. F.N.B. 23. sive error sit Juris, sive Facti. As, If I assign for Error, that whereas the Verdict pas­sed for me, the Court re­ceived it contrary, and so gave Judgement against me; This shall not be re­ceived.

Dies Dominicus non est Juridicus. Dy: 168. A Scire Facias out of the Common-Bench, Error assigned, be­cause the Test of it was upon a Sunday; and ad­judged Error, because no Law-day.

Divinatio non interpreta­tio est, Litt. quae omnino recedit a litera. As, If I have a Fee farm Rent of 10 s. is­suing out of White-Acre; and, reciting the same Reservation, grant [Page 22]to J. S. a Rent of 5 s. to be received out of the a­foresaid Rent, and out of all my Lands and Tene­ments in Dale, with clause of Distress; it is void, because it is against the words; and the copu­lation of the words shew, the taking of them in an other sense.

Dilationes sunt in lege odiosae. Ployd. 75. b. Though Warran­ties are favoured in Law,F.N.B. 178 W. 2. c. 25. Ployd. 98. a. 90.8.8 H. 7.8. yet none shall vouch a­ny one in Assize, if he be not present. And Dilatory Pleas must be good to eve­ry common intent.

Ployd. Ryder's case. Dispositio de interesse fu­turo, est inutilis. 19 H. 6.62. Dy. 221. pl. 18.90. pl. 8. If I de­vise the Mannor of D. by special name, of which, at that time, I am not sei­zed; [Page 23]and, after, I purchase it; if I make not some new publication of my Will, my Devise is void.

Dominus non maritabit minorem in custodia sua, Lit. Com. 79. b. nisi semel. If the Guardi­an, in Chivaky, marry the Ward within the age of 14 years; and if after­wards, at the age of 14 years, he disagree to the marriage, the Guardian shall not make tender of a second marriage.

Dormit aliquando jus, Lit. Com. 279. b. moritur nunquam. For, of such an high estimation is Right, in the eye of the Law, as the Law preser­veth it from death and destruction: When it is said, that a Release of Right doth in some ca­ses, [Page 24]inure by way of ex­tinguishment; it is to be understood, in respect of him that makes the Re­lease.

Doti mulieris pareatur quia proemium pudoris est. Lit. Com. 31. a. Tenant in Dower shall not be distreined for the debt due to the King,F. N. B. 150. by the Husband in his life­time, in the Lands which she had in Dower.

Dos de dote peti non de­bet. Lit. Com. 31. a. The Father dyeth, and the Wife of the Grand­father is endowed of one Acre, and dyeth, The Wife of the Father shall be endowed onely of the two Acres residue.

Dona clandestina semper sunt suspiciosa. Coke: l. 3.81. l. b. 72. Burrel's case. The As­signment of the Lease was [Page 25]taken to be fraudulent; because deliver'd in a se­cret manner to a person of mean quality.

E

Ecclesia fungitur vice minoris; Litt. Com. 141. a. 103. a. meliorem potest facere conditionem, deterio­rem nequaquam. A per­son may have an action of waste, and it shall be said, Ad exhaere dationem ecclesiae. So if he make a lease for Life, he shall have a Consimili caesu, du­ring the life of the Les­see; but a person cannot make a discontinuance; but if he do and dye, his successor may enter, not­withstanding the disconti­nuance.

Executio juris nulli fa­cit injuriam. Litt. Com. 161. a. Therefore a man shall not be puni­shed for suing of Writs in the Kings Court,Hob. 266. 1. Dy. 285. Pl. 37. be it of right or wrong.

Expressio eorum quae taci­te insunt nihil operatur. Litt. Com. 299. a. 30 Ass. pl. 8.1.7. E. 3.7. Coke l. 4.73. As if a man seized of Land, letteth the same by Deed indented for years, ren­dring a certain rent, with clause of distresse; this clause is vain, for the Les­sor may distrain of Com­mon right for the rent behinde.

Ex nudo pacto non oritur actio. Litt. Com. 47. b. And therefore, in an action of debt for rent, it is a good plea for the Lessee to say, that the Lessor had nothing in the Tenement at the time [Page 27]of the Lease.

Expressum facit cessare tacitum. Litt. Com. 210 a. As if the Condi­tion upon a mortgage be to pay to the Mortgagee or his heirs,Coke Rep. Altham's case. the money, &c. and before the day of payment,Bedel's case. the Mortga­gee dieth, the Feoffor can­not pay the money to the Executors of the Mortga­gee.

Extra jurisdictionem jus dicenti, 22 E. 4.33 Dy. 60. Pl. 26.14. H. 8.16. non paretur impu­ne. When the proceed­ings are coram non judice, an action lies against them that execute the pro­cesse.

Exteriora acta indicant interiora animi secreta. Litt. Com. 100. a. When License is given to any one by the Law,Coke l. 8.146. l. 9.59. and he doth amiss, be [Page 28]shall be a trespasser from the beginning.

Ex verbo generali ali­quid excipitur. Litt. Com. 47. a. Ployd. 361. a. An ex­ception is part of the thing granted, and in esse, (as exceptis, salvo, praeter,) and out of a generall a part may be excepted.

F

Facinus quos inquinat, aequat. 40. Ass. Pl. 25. A servant procu­reth another to kill his Master; this is not petty Treason in the servant, because but felony in the other.

Festina [...]io Iustitiae nover­ca infortunii. Nov. Int. 285. b. And there­fore,Heb. 133. Litt. 304. the Judges alwayes in cases of Demurrers, have a time to consider of [Page 29]the matter in doubt, by a Curia advisare vult. And when judgement is given, it is, Et super hoc visis praemissis, & per Justicia­rios hic plenius intellectis, (and then, Ideo considera­tum est.) As in the judge­ment between the King and the Prior of Worce­ster, concerning an Ap­propriation. Et examina­tis, & intellectis, recordo et processu coram toto Con­cilio, &c.

Finis rei attendendus. Coke l. 5. 87. The end and fruit of a Suit, is satisfaction:14 H. 7.8.33. H. 6.47. but execution of the body is no satisfaction, but a gage for the debt. And therefore, after his death he shall resort to another execution.

Filiatio non potest pro­bari. Litt. Com. 126. a. A man leaveth his wise enseint with a child: issue shall not be taken that she was not enseint by her Husband on the day of his death; for, Filiatio non potest pro­bari.

Firmior est operatio legis quam dispositio hominis. Litt. Com. 224. a. A Lease upon condition,Coke l. 10.67. b. that if the Lessee make any waste,37 H. 6.16. a re-entry; if a stranger doth waste,Dy. 281. Doct. & stud. l. 2. c. 4. he may re-enter: Yet if the Tenant had been bound in an obligation that he shall do no waste, he shall not forfeit his Bond by the waste of a stranger.

Frustra sit per plura, quod fieri potest per paucio­ra. Coke l. 6.167. a. Ployd. 191. b. 9 H. 7.24. If the King by his [Page 31]Patent, reciting the estate tail, grant the reversion, and further grant the Lands in possession, those several Grants in one Pa­tent are as strong in Law, as if the King by one Pa­tent had recited the e­state tail, and granted the reversion, and by a­nother patent the Lands in possession.

Furiosus furore suo pu­nitur. Litt. Com 247. b. Ployd. 19. a. Litt. 124. b. And therefore if a Mad man commit Felony, he shall not dye for it: for though he hath broken the words of the Law, yet he hath not broken the Law.

G

Generale nil certum im­plicat. Coke l. 2. fol. 33. Dodding­ton. lib. 8.98. a. Baspoles case. If a man be bound to be Non suited in all actions that he hath a­gainst another in the common Bench, he may say that he hath no action therein: otherwise, if the condition be particular, viz. that he shall be non­suited in a Formedon. So in arbitrement when the subm [...]ssion is general, an award of one cause, though there were more between them, is good.

Generalibus semper spe­cialia insunt. Ployd. 467. b. 68. a. As the Stat. of Gloucester giveth an action of wast against him which holdeth for years, [Page 33]which is in the plurall number, yet it may be taken for him that hold­eth for a year, or half a year.

Generalis clausula ad expressa non refertur. Coke l. 4. fol. 80. Noke's Case. An Assignee of a lease, shall have a Writ of Covenant upon the words, Demise and Graunt: yet if there be an expresse Covenant that the Lessee shall enjoy it without eviction of the lessor, or any claiming un­der him, this express co­venant qualifieth the generality of the cove­nant in Law, and re­straineth it by mutuall consent of both parties, that it shall not extend to the Assignee.

Generalis clausula non porrig itur ad ea, Coke l. 4.131. Dy. 56.6. quae antea sunt spicialiter comprehen­sa. When a deed at first contains special words, and then concludeth in words general, both shall stand: As Lands given to one and the heirs of his body, habendum to him and his heirs, he hath an estate tail, and a fee sim­ple expectant.

Generalia sunt praepo­nenda sin gularibus. F [...]z Nat. B ev. 2. a. As in a Writ or Plaint, the ge­neral shall be put in de­mand before the special, as Mess [...]age before lands, Lands before Meadow, Mendow before Pasture, Pasture before Wood, Wood before Jancary, &c.

H.

Haeres est pars antecesso­ris. Lit. Com. 22. b. Coke l. 7.12.10 H. 7.8. Dy. 868. Kep. 151. And therefore if Lands be given to a man and his heirs, all his heirs are so totally in him as he may give the Lands to whom he will.

Haeres legitimus, Coke l. 7.44. a. Litt. 7.6. est quem nuptiae demonstrant. One who is ingendred in a vowtry during the cover­ture, is a Mulier by the temporal and common Law.

Haeres non tenetur ad debita antecessoris redden­da, Britton fol. 65. b. Litt. Com. 209. a. 383. b. nisi per antecessorem ad hoc fuerit obligatus; praeterquam debita regis tantum. If the heir be not named in the obligation, [Page 36]he shall not be bound by the deed of his Ancestor, except to the King.

Hermaphrodita tam masculo quam faeminae, Litt. Com. 8. a. g. b. com­paratur secundum praeva­lescentiam sexus incales­centis. An Hermaphro­dite shall be heir either as male or female, accord­ing to that kind of the sex which doth prevail; and accordingly it ought to be baptized.

I

Id certum est, Litt. Com. 45. b. 43. b. 96. a. Ployd. 273. b. Dy. 91. b. 44. a. quod cer­tum reddi potest. Albeit, there appear no certainty of years in a lease, yet if by reference to a certain­ty it may be made cer­tain, it sufficeth. As a [Page 37]lease to A. 11 H. 11. 7.17. for so many years as B. shall name: when B. hath named the years, it is a good lease for so many.

Idem semper proximo antecedenti refertur. Litt. Com. 20. b. As if a man let Lands to A. for life, the remainder to B. in taile, the remainder to C. in forma praedicta, this remainder is void for the incertainty: But if it had been the remainder to C. in eadem forma, this had been a good estate­tail.

Ignorantia juris non ex­cusat. Doct. & St. 2. c. 46. Coke l. 1. fol. 177. Mildmay's Case. If a statute penall be made, and it is en­acted that the statute shall be proclaimed by such a day in every Shire, and it is not proclaimed before [Page 38]the day: yet if any offend against this statute, he shall not be excused for the not proclaiming of it; for he is bound to take notice of the Law at his peril.

Ignorantia facti excu­sat. Coke l. 2. fol. 3. b. Mauser. Doct. & Stud. l. 2. c. 47. 31 E. 3.3. As if an illiterate man be bound to seal a Deed, he is not tyed to do it, if there be not some present to read it, if re­quired; or, if it be read amisse, he may plead non est factum.

Ignoratis terminis, Coke Lit. 177. a. 2. a. 68. a. igno­ratur & ars. Every art hath its vocabula artis, which being not con­ceived, that art cannot be comprehended. There­fore the significations of words in all arts and sci­ences [Page 39]are necessary, which Master Littleton and Coke upon him ordinarily ob­serve.

Impotentia excusat le­gem. Coke Litt. 29. a. 258. b. 263. b. Coke Rep. Laughter case. Coke l. 98. A man seized of an advowson, or rent in fee, hath issue a daughter who is married, and hath issue, and dies seized; the wife before the rent became due, or the Church be­came void, dieth; she had but a seizin in Law, and yet he shall be tenant by the courtesie, because he could by no industry attain to any other sei­zin.

Idem non potest esse a­gens & patiens. 14 H. 8.31. 13 H. 8 32. 8 H. 6.29. 9 L. 4.32. Dye. 188. And therefore a man cannot present himself to a Be­nefice. No man can sum­mon [Page 40]himself. And there­fore if a Sheriff suffer a common recovery, it is error, because he cannot summon himself.

Impersonalitas non con­cludit nec ligat. Coke Lit. 352. b. And there­fore every Estoppell ought to be a precise affirmati­on.

Imperitia maxima est maechanicorum poena. 7 E. 3.65. b. Coke l. 11.57. a. Ther­fore if he that taketh up­on him to work be un­skilful and ignorant, it is sufficient punishment for him: for if any take upon him to work and doth it amiss, an action of the case lyeth against him:

Inclusio unius est exclu­sio alterius. Lit. Com. 210. a Coke l. 11.50. A morgage with the money to be [Page 41]paid to the Morgagee and his heirs,Ployden. 106. it shall not be paid to his Executors.

Infinitum in jure repro batur. Coke l. 6.45. l. 7.456. l. 8.16. b. 3 H. 4.17.11. H. 4.9.9 E. 4.50, 51. As if a man have a debt by a simple contract, and taketh an obligation for the same debt, or any part of it, the contract is determined: So of a Judgement upon an obli­gation.

In fictione legis semper est aequitas. Litt. Com: 150. a. Coke l. 11.46. Liford's case. As if one sei­zed in Fee, take Wife, and make a Feoffment in Fee, the Feoffee grants a Rent-charge of 10 l. to the Feoffer and his Wife, and the heirs of the Hus­band; the Husband dieth, the Wife recovereth the moity for her Dower by the Custome; the Rent [Page 42]shall be apportioned, and she may distrain for five pound, which is the moity: for albeit the Dower by fiction of Law be above the Rent, yet when she recovereth Dower, she shall not have the entire Rent but of the residue: for fiction of Law shall never work a wrong to a third per­son.

In aequali jure, melior est conditio possidentis. 9 H. 5.15. Coke l. 4.90. a. l. 2.68. Perk. fol. 6. If a man purchase severall Lands at one time, which are holden of severall Lords by Knights ser­vice, and dieth, the Lord who first seizeth the Ward shall have him.

Injuria illata in corpus non potest remitti. I itt. Com. 1 27. a. 1 61. b. Vita & [Page 43]membra sunt in manu re­gis. 19 Ed. 1. rotul. 36: And therefore if a Lord Mayheme his villain, the King shall punish him for mayming his Subjects, by Fine, Ransome, and imprisonment.

In ambiguis casibus sem­per praesumitur pro rege. 22. Ass. pl. 19. Stamf. fol 10. And the reason that Treasure Trove belongs to the King, is, Quia do­minus rei non apparet; & ideo cujus sit incertum est, and therefore presumed it is the Kings.

In disjuctivis sufficit alterum esse verum. Coke l. 10.59. a. Bi­shop of Sarum's case: Whereas the Avowant did avow that the Office supravisoris omnium mane­riorum suorum, to such [Page 44]Person or Persons as it pleased the Bishop, and the Defendant pleaded in the negative, that the Office had not been but for the life of one; that exception was not allow­ed, because he did not say, that the said Office had been granted to di­vers, but only to such person or persons; and in disjunctives, it is suffici­ent that one of them be true.

In jure, non remota sed proxima causa spectatur. 2 H. 4.3. 26 H. 8.2. If a person make a Lease and be deprived, or re­signeth, the Successours shall avoid the Lease, for the Law regardeth not the cause of Deprivation or Resignation, which is [Page 45]the Act of the party, but the act of the Ordinary in the admission of the new Incumbent.

In maleficiis plerumque spectatur exitus, 1 H. 3.144. Coke. l. 2.84. non vo­luntas. If I hurt another only with an intention to beat him, and he dieth, it is Felony. So the an­cient Law is altered, wherein it was a Rule of Law, In maleficiis spectatur voluntas, & non exitus, as Bracton hath it, vid. 1. E. 3.

In omnibus fere, minori aetati succurritur. In a cessavit against an infant, who hath the Tenancy by descent, he shall have his age, though it be up­on his own Cesser, be­cause he cannot tell what [Page 46]arrearages to tender be­fore the Judgement.

Impossibile est unum cor­pus in duobus locis esse si­mul. Pop. Rep. 58. As if a man make a lease of two Barns, ren­dring Rent, and for de­fault of payment a re-en­try. If the Tenant be at one of the Barns to pay the Rent, and the Lessor at the other to demand the Rent, and there is no bo­dy there to pay it, yet the Lessor cannot enter for the condition broken; because there was no de­fault of the Tenant, he being at one Barn; for it is not possible for him to be in two places toge­ther.

In praesentia majoris, Ployd. 498. a. ces­sat potentia minoris. Ap­propriations [Page 47]made by the Pope, Patron, and King, were good before Stat. 25. H. 8. without the Bishop; because in the power of the greater, the lesser ceaseth, the Pope being supreme Ordina­ry.

In quo quis deliquit, Coke Litt. 233. b. Groke Rep. fol. 183. Litt. 233. b. in eo de jure puniendus est. If the Keeper of the Park pull down the Lodge or any House within the Park, for putting of Hay into it, for feeding of the Deer, or such like; it is a Forfeiture, and the rea­son why the Office is forfeited, is, that he may be punished in that where­in he offended.

In omnibus obligationi­bus quibns dies non ponitur, 20 E. 4.8. 21 E. 4.8. [Page 48] praesenti die debetur. Et nul­la temporis d signatio prae­sens denotat. When one is bound in Twenty Pounds, to pay Ten Pound, and no day of payment is limited, the lesser sum is due presently to be rendred.

Judicis est judicare se­cundum allegata & proba­ta. Dy. fol. 12. pl. 50. Ployd. 83.6, 7. H. 4.31. In a Formedon, if the demandant count upon a Foeffment in Fee; and not in Taile, if the Te­nant demurre upon it, the Court cannot main­tain the Declaration to be true, because the Judge is to judge accord­ing to what is alledg­ed.

Judicium pro veritate ac­cipitur. And therefore, [Page 49]common recoveries suf­fered by the Tenant in Fee of the Lands of his Lessee for Life, could not bee avoided or satisfied till the Stat. 14. Eliz. c. 8. And in Attaint, the first Judgment is so favoured, that the Plaintiffe shall have no other evidence but what he had at the first Triall; but the Juty, as many as they will, to confirm the first Ver­dict.

Judicium à non suo ju­dice datum, Coke l. 10.76. b. nullius est mo­menti. As if the Sheriff, who is prohibited by the Law to hold his Turn within a Moneth after Michaelmas, holdeth his Turn after the Moneth, and take an Indictment of [Page 50]Robbery at that Turn, and the Indictment is removed by Certiorari into the Kings Bench; by advice of all the Justices, the party was discharged, because not within the time limi­ted.

Junior non potest dotem promereri, Coke Litt. 33. a. nec obstavit mulieri, minor atas viri. If the Woman be not of the age of nine years, she shall not have Dower: but if she be of that age, it mat­ters not what age the hus­band be of, though but four or five.

Jura naturalia sunt im­mutabilia. Coke l. 7.15. b. Bracton, l. 9. c. 23.33 H. 6.55. As if a man have a Ward by reason of a Seigniory, and is out-lawed, he forfeiteth his Wardship to the King: [Page 51]but if he have the Ward­ship of his Son or Daugh­ter which is heir appa­rent, and is out-lawed, he doth not forfeit this Wardship; for Nature hath annexed it to the per­son of the Father.

Ipsae etenim leges cupi­unt ut jure regantur. Lit. Com. 10. a. 271. a. Coke l. 5.100. If partition be made be­ween partners of Land in Fee simple, and for owelty of partition, one granteth a Rent to the o­ther generally, the gran­tee shall have a Fee sim­ple without the word [heirs] becaus the grantor hath a Fee simple, in con­sideration whereof he granteth the Rent.

Jura publica anteferenda privatis; &, Litt. Com. 130. a. jura publica [Page 52]ex privatis promiscue deci­di non debent And there­fore in protection either for being in the Kings service,Mirror. c. 3. Sect. Britton. 281. as the Kings Souldier, or of his Coun­cell as the Kings Ambas­sadour, pro negotiis regni, both these things for the publick good of the realm private mens actions, and suit must be suspended for a convenient time.

Jus accrescendi praefer­tur oneribus. Litt. com. 185. a. 453.3.13. As if one joynt-tenant grant a com­mon pasture, or of Tur­bary, Estovers, or Corody &c. out of his part; or a way over the Land; this shall not bind the survi­vour.

Jas accrescendi praefer­tur ultimae voluntati IfLitt. Com. 185. b. [Page 53]two joyn-tenants be of Land in fee simple, and one of them deviseth that which to him belongeth by his testament, and dy­eth, this devise is void, because the Survivour claimeth by the first Feof­for.

Jus descendit & non ter­ra. Litt. com. 345. a. b. As when an estate is turned to a right by dis­seizin, discontinuance, &c. but in case of a title, the Land descends.

Justum non est aliquem ante matrimonium natum, Coke. l. 8.101.14 E. 2. bastard. 26. mortuum, facere bastardum qui toto tempore suo pro le­gitimo habebatur. Doc. & Stud. If bastard Eigne after the fathers death enter into the land and occupy it during his life without interruption [Page 54]of the mulier puisne, and dye seized, the mulier is barred for ever.

L.

Lex est summa ratio. Litt. Com. 97. b. The common Law is no­thing else but Reason; which is to be understood of an artificial perfecti­on of reason gotten by long study, observation, and experience, and not of every mans naturall reason, for nemo nascitur artifex. This legall rea­son is ratio summa. And therefore if all the reason that is dispersed into so many severall heads were united into one, yet could he not make such a law as the Law of Eng­land [Page 55]is; because, by suc­cession of many ages, it hath been refined by an in­finite number of grave and learned men.

Licet Tenenti vetus opus reficere, 44 E. 3.21 44.11. H. 4.32. non novum facere. A Tenant may cut down Trees for the amend ment of houses, or reparation of them. But if the neces­sity of a new house comes in Question, as to build a Stable; or, if no house be built upon the Land at the time of the lease, the Lessee may not cut down Trees; to make a house.

Loquendum ut vulgus, Coke l. 4.46. a. Ployd. 169. Coke l. 4.64. b. l. 7.11. Words shall be taken ac­cording to the vulgar and ordinary construction as though a person attain­ted [Page 56]be a person convict and more. And therefore it is the office of Judges to take and expound the words, which the com­mon people use to ex­presse their intent by, according to their intent, and not according to the true definition.

Lex non praecipit inutilia. Litt. Com. 126.127.79, a. 197. a. A villain shall not by the Law have any appeal a­gainst his Lord, for in appeal of Mayhem a man shall recover but his dam­ages; and if the Villain in that case recover dam­ages against his Lord, and from the villain, and so the recovery void.

Lex semper intend't quod convenit rationi. Litt. com. 78. b. 182. a. The Guardian in Chivalry shall have the custody of the heir, and his land untill become to his full age of one and twenty years: because, by intend­ment of Law the heir is not able to do Knights service before that age, which is grounded upon apparant reason.

Lex spectat natura or­dinem. Litt. com. 92 a 97. Ployd. 540. If tenant in socage hold of the Lord by Feal­tie, and a rose, the Lord shall have for his reliefe a Rose, &c. or other flowers: the tenant dyeth in winter, the Lord can­not distrain for his relief, untill the time that roses by course of the year [Page 58]may have their growth.

Lex non cogit ad im­possibilia. Litt. Com. 231. b. If a deed re­main in one Court, it may be pleaded in ano­ther Court without sue­ing forth.

Lex libertati dat favo­rem. Litt. Com. 124. b. 139. a. If a villain sue an action of trespass or any other action against his Lord, in one County; and the Lord saith, that he shall not be answered: because, he is his villain regardant to his Mannor in another County; and the Plantiff saith, that he is free, and of a free estate, and not a villain, this shall be tryed in the County where the Plantiff hath conceived his action; and not in the County [Page 59]where the Mannor is, and this is in favour of Liber­ty.

Lex citiùs tolerare vult privatum damnum, Litt. Com. 152. b. quàm publicum malum. If there be Lord, Mesne, and Te­nant; and the Tenant holdeth of the Mesne by service of five shillings; and the Mesne holdeth over by service of twelve pence: If the Lord Pa­ramont purchase the Te­nancie, in see, then the service of the mesnalty is extinct, because when the Lord Paramont hath the Tenancy, he holdeth of his Lord next Paramont to him; and if he should hold this of him which was Mesne, then he should hold the same [Page 60]tenancy immediately of divers Lords, by divers services, which should be inconvenient; and the Law will sooner suffer a mischief, then an incon­venience, and therefore the Signiory of the mesu­alty is extinct.

Liberata pecunia non liberat offerentem. Litt. com. 207. a. If an obligation of one hun­dred pounds be made with condition for the payment of fifty pounds at a day, the Obligor tenders the mony, and the obligee refuseth the same: yet in action of debt up­on the Obligation, if the Defendant plead the ten­der and refusal, he must also plead that he is yet ready to pay the money, [Page 61]tender the same in Court.

Line a recta semper prae­fertur transversali. Litt. com. 10. b. For descents, it is a Maxime in Law, Lineal descent which is conveyed down­ward in a right line, (as from the Grandfather to the Father, from the Father to the Son,) shall inherit before the heire by collaterall descent, which is derived from the side of the lineall as Grandfathers brother, &c.

M.

Mala Grammatica non vitiat chartam. Litt. 146. b. Coke. l. 9. 48.4 H. 6.16 As Nec aliquid in eo specificatum non aliter se extendat, &c. [Page 62]Here is a double nega­tive, Nec & non, which in Grammatical constructi­on amounteth to an affirmative; for Negatio destruit negationem & am­bo faciunt affirmativum; yet the Law that princi­pally respecteth sub­stance, doth judge the proviso to be a negative, according to the intent of the parties, and not according to the Gram­matical construction, to the end the proviso may take effect.

Maritus & uxor animae duae sunt, Litt. Com. 6. b. 41. a. 112. a. in una carne. Therefore a Wife cannot be produced either a­gainst or for her husband; for it might be a cause of implacable discord, and [Page 63]dissention, betwixt the Husband and Wife, and a mean of great inconveni­ence.

Malus usus abolendus. Litt. Com. 141. a. If a man will presume that if any Cattel were upon the demeans of the Man­nor there doing damage, that the Lord of the Mannor for the time be­ing hath used to distrain them, and the distress to retain till fine were made to him for the damages at his will; this prescription is void, because it is a­gainst reason. And the rule is, In consuetudinibus non diuturnitas temporis, sed soliditas rationis est consideranda.

Maxime paeci contraria sunt vis & injuria. Litt. Com. 161. b. And [Page 64]therefore Britton saith well, speaking in the person of the King. Nous volous quae touts gents pluis useant judgment quae for­ce. And therefore is it,Ib. 254. a. that in Rent-service, Charge and Seck; Fore­stallment, (which is an incountring or menacing the Lord in the way, that he dare not come on the Land to distraine, or de­mand the rent,) is a dis­seizin. And in such case claim of the Land shall a­void a discent.

Meliorem conditionem facere potest minor, Ib. 337. b. deterio­rom nequaquem. If the in­fant make a feoffment; he may enter either with­in age, or at full age: like­wise after his death his [Page 65]heir may enter:

Minor jurare non potest. Litt. Com. 172. b. Bracton. 5. l. fol. 340. b. 46 E. 3.10.9.3.424. And therefore he cannot be of an Inquest. An In­fant cannot make his Law of Non summons; therefore the default shall not prejudice him. An In­fant cannot upon his oath, make his Law in action of debt. 26. E. 3.63. Dy. 7.104. 11 H. 6.40. 1. H. 7.15.

Modus & Conventio vinciunt legem. Litt. com. 41. b. [...] 166. a. Bracton. l. 4. fol. 222. 21 H. 6.46: 10 B. 4.13. To every Tenant for life, the Law, as incident to his Estate, without provision of the party, giveth him three kinds of Estovers; that is, Housebote, which is two­fold, viz. Estoverium aedi­ficandi, & ardendi. Ploughbote, that is, Esto­verium [Page 66]arandi. And last­ly, Haybote, which is, Estoverium claudendi. And these Estovers must be reasonable. And these the Lessee may take upon the Land demised, without any assignment; unlesse he be restrained by speci­all Govenant: for an Agreement doth alter the Law.

Mulieres ad probatio­nem status hominis, Lit. Com. 6. b. Fleta. l. 2. c. 44.23. E. 1. Villaine 36, 37. 29 E. 1. Ib. 32. Lit. Com. 142. a. admitti non debent. And therefore are women, by Law, wholly excluded, to prove a man to be a vil­lain.

Multa transeunt cum universalitate, quae per se non transeunt. If a man hath a Rent-seck of the part of his mother, and [Page 67]the Tenant of the Land grant a Distresse to him and his Heirs, and the Grantee dieth; the Di­stresse shall go with the Rent to the heir of the part of the mother, as in­cident and appurtenant to the Rent; for now is the Rent-seck become a Rent-charge.

N

Negationi nihil impli­cat. 11 H. 7.23. 21 H. 6.41. 10. E. 3.10. If a Tenant wage his Law of non sum; this doth not imply that he was Te­nant.

Nemo debet bis puniri pro uno delicto. Coke l. 4. fol. 43. Hudson's case. In Appeal of Mayhem, the Defendant pleaded that before, &c. and the Plaintiff recove­red [Page 68]in Trespasse, for the same Ba ery and Woun­ding, 200 l. and satissa­ction acknowledged; and the Barre was adjudged good.

Litt. Com. 309. b. Coke. l. 5. fol. III. Mallarids case. Peck. 15. Ployd. 432. b. Nemo potest plus juris in alium transserre quam ipse habet. If the Conusee of a Fine, before any At­tournment by Deed In­dented and Inrolled, bar­gaineth and selleth the Signiory to another; the Bargainee shall not di­strain, because the Bargai­nor could not distrain.

Neminem oportet esse sapientiorem legibus. Litt. Com. 97. b. The Law is the perfection of Reason. And if all the Reason that is dispersed into so many severall Heads, were united into [Page 69]one, yet could hee not make such a Law as the Law of England is; be­cause by so many succes­sion of Ages, it hath been refined by an infinite num­ber of grave and learned men; so that it is ratio summa.

Litt. Com. 162. a. 49 E. 3.14.49. Ass. 5.29. Ass. 49. Neme tenetur expone­re se infortuniis & pericu­lis: And therefore fore­stalment, with a menace of life and members, is a [...]isseizin of rent-service, [...]arge, and seck.

Liet: com. 145. b. Nemo punitur pro alie­ [...] delicto. A man cannot claime propriety by his Bailiff or Sarjeant, in Re­plevin; and the reason is, for that if the claime fall out to be false, hee shall be fined for his con­tempt; [Page 70]which the Lord cannot be, [unlesse he make claim himselfe; for he shall not be puni­shed for his Bailiff's of­fence.

Ployd. 32. b. 39 H. 6.22. Nem [...] tenetup prodere seipsum. As if a man grant to one an Annuity, pro consilie impendende, the Grantee shall have a Writ of Annuity, without shewing, that he hath gi­ven him counsell; for the shewing of it is not for his benefit; and denial of counsell goeth in defei­zance of the Annuity: which ought to be shewn by the Defendant, be­cause for his benefit.

Nihil quod est inconue­niens vel contra rationem, Lit. Com. 97. b. est licitum. Tenant in [Page 71]Frank marriage, shall do fealty to his Lord, before the fourth degree, be past; for it should be incon­venient, and against rea­son, that a man shall be Tenant of an estate of in­heritance to another, and the Lord should not have any manner of service; for, if he does not fealty, hee shall not do any man­ner of services to his Lord:

Litt. Com. 188. a Ployd. 419. Brace­bridge's case Nihil de re accrescit ei, qui nihil in re quando jus accresceret habet. If two joynt Tenants be of a Rent, and one of them disseize the Tenant of the Land; this is a severance of the Joynture for a time, for the moity of the Rent is suspended by [Page 72]unity of possession, and therefore cannot stand in Joynture with the other moiety in possession. And here, if one of them die, there shall be no survi, vour. For there shall ne­ver be any survivour, un­lesse the thing be in joyn­ture at the instant of the death of him that first di­eth.

Non refert an quis as­sensum praebeat verbis au rebus & factis. 44 E. 3. fines. 37.37 H. 6.17. 7. E. 3.50. If the Ba­ron accept the grant of a Reversion, that amoun­teth to an Attornment. 44. E. 3.37. Hee which hath interesse termini, can­not, by express words, sur­render it, but the accep­tance of a new Lease shall drown it.

Non valet impedimen­tum quod de jure non sor­titur effectum; Coke l. 4.31. Frenches ease. Litt. 361. h. &, Quod contralegem sit, pro infecto habotur. If Copy-hold Lands be forfeited, or escheat, and the Lord Lease them for years or life, or any other estate by Deed, or without Deed; this Land can ne­ver again be granted by Copy, for the Custom is destroyed. For, during these Estates, the Land was not demisable by Copy. But if the inter­ruption be tortious, as by Disseizin and Discent, false Verdict, or errone­ous Judgement; there it may be granted again by Copy.

Non afficit conatus, nisi [Page 74] Coke l. 6.4 Mildmay's case. sequatur effectus. A gift in tail upon condition, that his Estate shall cease, if he go about to alien, &c. This condition is void; for endeavour of a breach is not a breach.

Non est baeres viventis. Litt. Com. 22. b. 217. a. If a man, by Deed, make a Lease for years, the re­mainder to the right heirs of J. S. and the Lessor make livery to the Lessee, secundum formam Chartae; this Livery is void, be­cause during the life of J. S. his right heir can­not take; and in that case the Free-hold shall not remain in the Lessor, and expect the death of J. S. during the term. For, al­beit J. S. dye during the term, yet the remainder is [Page 75]void, because a Livery of seizin cannot expect.

Non valet pactum de re meanon alienanda. Litt. Com. 223. a. As a Feofment upon condition, that the Feoffee shall not alien, the condition is void.

Nullum iniquum in jure praesumendum. Coke l. 4. fol. 70. Hynde's case. Re­cords are so high and sa­cred, that they import in themselves inviolable ve­rity, which if any gain­say, they shall be tryed only by themselves, and not by the Country. And if averment against a Record should be per­mitted, then the effect and validity of the Re­cord should be tryed by the Country, which is against the Rule of Law, Nullum iniquum est in ju­re [Page 76]praesumendum.

Nullum tempus occur­rit Regi. Litt. Com. 118. a. 90. b. 119. a. Ployd. 156.159. 9 H. 6.21.12 H. 7.12 For, if the villain of the King purchase any lands, and alien, be­fore the King (upon and office found for him) doth enter; yet the King, after Office found, shall have the Land.

Nullum semile est idem. Litt. Com. 43. b. Tenant by Statute Mer­chant, Staple, or Elegit; are said to hold land, ut liberum tenementum, un­till their debt be paid: Yet in truth they have not Freehold, but a Chattle, which shall go to the Executors; and the Executors, if ousted, shall have an Assize. But is similitudinaric; because they shall by the Sta­tutes, [Page 77]have an Assize, as a Tenant of the Freehold shall have; and in that re­spect hath similitude of a Freehold; but, no like is the same thing.

Nullus commodum capere potest de injuria sua propria. Litt. Com. 148. b. If B. make a Lease of one Acre for life to A. and A. is seized of another Acre in Fee; and A. granteth a rent-charge to B. out of both Acres, and doth waste in that Acre which he holdeth for life, B. re­covereth in waste. The whole Rent is not ex­tinct, but shall be appor­tioned; and yet B. claim­eth one Acre under A: So if A. had aliened in Fee, and B. had entred for the forfeiture.

O.

Oninis privatio praesup­ponit habitum. A person maketh the Lease for years, reserving a Rent, and dieth; the Lease is determined by his death. Also in a reall action, a Parson, Vicar, Archdea­con, Prebend, shall have did of the Patron and Or­dinary, as Tenant for life shall have. So that to many purposes, a person hath in effect but an e­state for life, and to ma­ny a qualified Fee sim­ple. But the entire Fee and Right is not in him, and therefore he cannot discontinue the Fee sim­ple that he hath not, nor [Page 79]ever had; for, Omnis privatio praesupponit habi­tum.

Omnia quae movent ad mortem, sunt deodanda. Coke l. 5.190. Fox­ley's case. Stamf. l. 1. c. 12. fol. 20 If a man ride in a Chariot, and the Chariot fall upon him and kill him, the Horses, as well as the Chariot, shall be a Deo­dand.

Omne testamentum mor­te consummatum est. Coke l. 4. fol. 60. Forse and Hemblings case. Lit. 112. b. The making of a Will is but an inception thereof, and it doth not take any ef­fect till the death of the Devisor.

Omne majus continet in se minus. Coke l. 5. 114. Wade's case. If a man be bound in a Bond for a sum of money, to be paid at a certain day; and at the day, the Obligee ten­der [Page 80]more than the summe; yet it is a good tender, for the reason above-said.

Litt. Com. 43. b. Omne majus trahit ad se minus. The King cannot be said to be a Minor; for when the Royall Body Politick of the King doth meet with the na­turall capacity in one person, the whole Body shall have the quality of the Body politick, which is the greater, and more worthy, and wherein is no minority.

Omnia quae sunt uxoris, sunt ipsius viri. Litt. Com. 112. a. b. And therefore she is disabled to contract with any; without the consent of the husband; neither hath she power to dispose of any personal estate in her own right.

Omnis ratihabitio retro­trahitur, Litt. Com. 180. b. & mandato ae­quiparatur. As if A. dis­seize one to the use of B. who knoweth not of it, and B. assent to it; in this case, till the agreement, A. was Tenant to the Land; and after agree­ment, B. is Tenant of the Land; but both be dissei­zors.

Coke l. 5. fol. 321. Playters case. Oportet ut res ceria de­ducatur in judicium. Play­ter brought an action of Trespasse against one W. Wuare clausum suum fre­git, & pisces suos cepit; without shewing the number or nature of the fishes; and it was resol­ved, that the Count should have compre­hended the fishes in cer­tain, [Page 82]that the Defen­dant might have a certain answer; and upon which, a certain Judgement might be given.

P.

Pater est quem nuprie demonstrant. Litt. Com. 123. a. And therefore if a Villain have a Bastard by a woman, and marrieth her, the Bistard is no Vil­lain, because the Villain cannot be said to be his father, he being a Bastard.

Pendente lite nihil inno­vetur. At the Common Law,Litt. Com. 344. b. if hanging the Qua­re impedit against the Or­dinary, for refusing of his Clerk, and before the Church were full, the Patron brought a Quare­impedis [Page 83]against the Bi­shop, and hanging the Suit, the Bishop admit and institute a Clerk, at the presentation of an­other: In this case, if Judgement be given for the Patron against the Bishop, the Patron shall have a Writ to the Bishop, to remove the Incumbent, that came in, pendente lite, by usurpati­on. But since Westm. 2. among other things, it is enquired, Ex officie, if the Church be full, and of whose presentation.

Perspicue vera non sunt probanda. The Lord Cook, Litt. Com. [...] 16. b. in his Commentary up­on Littleton, observes, that Mr. Littleton never citeth any Authority through [Page 84]his whole Book, but when the case is rare, or may seem doubtfull; which appeareth in this, that he putteth no case, but hath warrant of good authority in Law. The like of Justice Fitzherbert in his Natura Brevium, that he never citeth autho­rity, but when the case is rare or doubtful.

Plus precat author, 13 H. 7.10. Stamf. l. 1. c. 45.21 E. 4.71. quam actor. If one be present at the death of a man, and incite another to strike and kill him, by this he is principal, as well as he that killed him.

Litt. Com. 14.6. Possessio fratris de foede simplici, facit sororem esse haeredem. A man seized of lands in Fee-simple, hath issue a son and a daughter [Page 85]by one venter, and a son by another venter, and dieth; and the eldest son enters, and dies without issue; the daughter shall have the land, and not the youngestion. The like of an Use.

Ib. 10. b. Propinquior exeludit propinquum, & propinquus remotum, & remotus re­motiorem. And therefore the Fathers brother, and his posterity, shall inhe­rit before the grandfa­thers brother, and his posterity.

Proximus sum egomet mihi. And therefore in Legacies, it is reason, that the Executors shall have preferment of satisfacti­on before others; and the Law maketh allowance [Page 86]to them before any o­thers.

Q.

Quando lex aliquid con­cedit, concedere videtur & id, Litt. Com. 55. a. 153. a. Coke Rep. Lyford's case. sine quo res esse non po­test. If Lessee at will sow­eth the land, and the Les­sor, after it is sown, and before the corn is ripe, put him out; yet the Les­see shall have the corn, and shall have free entry, egresse and regresse, to cut and carry away the corn.

Quando aliquid fieri prohibetur ex directo, Litt. Com. p. 23. b. pre­hibetur & per obliquum. A Feosment upon condi­tion, that the Feoffee shall not alien to such a [Page 87]one, naming his name, is good. And in this case, if the Feoffee infeoff J. N. of intent and purpose, that he shall infeoffe J. S. some hold this a breach of the condition.

Quando jus Domini Re­gis & subditi concurrunt, Litt. Com. 77. a. jus Regis praeferri debet. If a man hold lands of the King by Knight-service, in Capite; and other lands of other Lords, and dieth, his Heir within age; the King shall have the Wardship of all the lands, by his prerogative.

Quaelibet haereditas na­turaliter ad haeredes haere­ditabiliter descendit; Litt. Com. 11. a. nun­quam naturaliter ascendit, nisi a latere. If there be father, uncle, and sonne; [Page 68]and the son purchase land in fee-simple, and die without issue, living his father; his uncle shall have the Land, as heir to the son.

Quae in partes dividi ne­queunt, 14 E. 3. Fitz. 1. Kitchin. fol. 134. a. solida a singulis praestentur. If my Tenant that holdeth of me by a Harriot, alien part of the land to another; every one of them shall pay Harriot, because it is an entire thing.

Quaelibet concessio for­tissime contra donatorem in­terpretauda. Litt. Com. 42. a. If Tenant in Fee make a lease for life, without mentioning for whose life, it shall be ta­ken for the life of the Les­see, and shall be taken more strongly against the Lessor.

Qui non habet in aere, Hobart's Rep. fol. 133. luat in corpore. And there­fore the Law hath pro­vided several executions for the executing of the Law; and he that hath not to pay of his goods, &c. must suffer in his body by imprisonment:

Qui ex damnato etitu nascuntur, Litt. Com. 3. b. 78. a. 123. a. inter liberos non computentur. A man makes a lease to B. the remain­der to the eldest issue male of B. and the heirs males of his body: B. hath issue a bastard son; he shall not take the remainder, because in Law he is not his issue.

Qui haeret in litera, hae­ret in cortice. The statute of Glouc. c. 5. which gi­veth the action of waste [Page 90]against the Lessee for life, or years (which lay not against them at Common Law) speaketh of one that holdeth for term of years in the plurall num­ber; and yet though it be a penall Law, whereby treble dammages, and the place wasted shall be recovered, yet tenant for half a year being with­in the same mischief, shall be within the same re­medy, though out of the letter of the Law.

Qui ad mit medium, di­rimit finem. Litt. Com. 161. a. 26 Ass. 17.3 E. 4.2. And, Qui ob­struit aditum, destruit com­modum: And therefore, if a man be disturbed to enter and manute his land, this is a disseizin of the land it self.

Qui peccat ebrius, Litt. Com. 247. a. luat sobrius. A drunkard who is voluntarius daemon, hath no priviledge thereby, but what hurt or ill soe­ver he doth, his drun­kennesse doth aggravate it.

Qui per alium facit, Litt. Com. 258. a. per seipsum facere videtur. If the master command the servant to go to the Land, and make claim there to avoid the discent; if the servant doth all that which is command­ed, and which his Master ought to do, there it is as sufficient, as if his Ma­ster did it himself.

Qui semel Actionem re­nuntiavit, Litt. Com. Coke l. 8. f. 58. Beecher's case. amplius repetere non potest. A retraxit is a barre of all actions of like [Page 92]or inferiour nature.

Qui sentit commodum, Coke l. 5.99. Rook's case. c. l. 5.24. Dean and Chapter of Wind­sors case. Hob. 4. f. sentire debet & onus. The Commissioners in the Commission of Sewers, ought to tax all which are in dammage, or in danger of dammage, and not only him which hath the lands next adjoyning to the river: for it may be that the rage and force of the water might be such, that the value of the land adjoyning would not serve to amend it, there­fore the statute would have all in peril,6 H. 6. c. 5. and which take commodity by the making of the Banks to be contribu­tary to the amendment thereof.

Quod ab initio non valet, [Page 93]tractu temporis non convae­lescet. Tenant for life of a carve of Land, the rever­sion to the father in fee, the Son and Heir appa­rent of the Father indow­eth his Wife of this carve by the assent of the Fa­ther, the Tenant for life dyeth, the Husband dy­eth, the reversion was a Tenement in the father, and yet this is no good in­dowment, ex assensu patris because the father at the time of the assent had but a reversion expectant upon a freehold, (where­of he could not have in­dowed his own Wise) though the Tenant for life dyed, living the Hus­band.

Quod prius est tempore, Litt. Com: 14. ae. [Page 94] potius est jure; &, quod pri­us dignius. And therefore among the males, the el­dest brother and his po­sterity shall inherit lands in fee simple, before any younger brother, or any descending from him.

Quod semel meum est, Litt. Com. 49. b. amplius meum esse non potest. And therefore, if a man let land for a term of years, the remainder over to another for life, or in tail, or in fee; in this case it behoveth the Lessor to make livery of seizin to the Lessee for years, otherwise nothing passeth to them in the re­mainder, although the Lessee enters into the te­nements. And if the ter­mor [Page 95]in this case enter be­fore any livery of seizin made to him, then is the freehold, and also the re­version, in the lessor. And if the Lessor after­wards make livery to the Lessee, it is void, for by the entry of the Lessee he is in actuall possession, and livery cannot be made to him that is in possessi­on.

Quod semel placuit in electionibus, Litt. Com. 146. a. amplius dis­plicere non potest. If a man grant by his deed a rent charge to another, and the rent is behind, the grantee may bring a writ of Annuity, or distrain at his election, but he can­not have both together. For if he recover by a [Page 96]writ of annuity, the land is discharged of the di­stress. And if he distrain for the arrearages, and the Tenant sue a Replevin, and the grantee avow the taking of the distress in the land, in a Court of Record; then is the land charged, and the person of the Grantor discharged of the Action of Annui­ty.

Quoties in verbis nulla est ambiguitas, Litt. Com. 14.7. a. ibi nulla expositio contra verba ex­pressae fienda est. If a rent be granted out of the Mannour of D. and the Grantor grant over, that if the rent be behind, the Grantee shall distrain for the same rent in the Man­nor of S. this is but a pe­nalty [Page 97]in the mannor of S. For the Law needs not to make construction, that this shall amount to the grant of a rent, for here a rent is expresly granted to be issuing out of the Mannor of D. and the parties have expresly li­mited out of what land the Rent shall issue, and upon what land the di­stress shall be taken, and the Law will not make an exposition against the express words and in­tention of the par­ties.

Quod constat clare, Coke l. 9. fol. 33. Batens case. non debet verificari. In a Quod permittat, if it appear to the Court that the Nusance is to the dam­mage of the Plantiff, he [Page 98]need not shew it special­ly; as if the house of the Defendant hangeth over the House of the Plain­tiff's.

Refert à quo fiat perqui­situm. Litt. Com. 12. a. Ployd. 47. Sir Edw. Clere's case. Coke l. 5. f. 76. Paget's case. None shall inhe­rit any lands as heir, but only the blood of the first purchasor.

Remoto impedimento, e­mergit actio. If tenant for life, remainder for life, the remainder in fee, make waste in Trees, and after he in remainder for life dye, an action of waste is maintainable by him in the remainder in fee, for the waste done in the life of him in remainder for life, because to the dis­inheritance of him in re­mainder in fee; and now [Page 99]the impediment, which was the mean estate for life, is taken away.

Repellitur à Sacramento infamis. Litt. Com. 158, a. If a Juror be at­tainted or convicted of Treason, or Felony, or of any offence to life, or member; or in attaint for a false verdict, or for per­jury, be adjudged to the Pillory, or the like; or to be branded, or stigma­tized, or to have any o­ther corporall punish­ment, whereby he becom­eth infamous; these and the like are principal cau­ses of challenge.

Res inter alios acta alteri nocere non debet. Litt. Com. 152. b. And there­fore if a Lessor by Covin suffer a common recove­ry, the Lessee may fal­sifie [Page 100]it by the Stat. of 14 E. c. 1.

S.

Sensus verborum ex causa dicendi accipiendus est;Coke l. 4. 105. Birchlye's case.& sermones secundum subjectam materiam: & sermo relatus ad personam intelligi debet de conditione personae. The Defendant said to B. Clerk of the Kings Bench, (and sworn to deal duly without cor­ruption,) You are well known to be a corrupt man, and to deal corrupt­ly, adjudged that the action lyes, because the words ex causa dicendi imply, that he hath dealt corruptly in his professi­on.

Semper praesumitur, Lit. 126. a. pro legitimatione puerorum And therefore if the Husband be within the four Seas, that is within the Jurisdiction of the King of England, if the Wife hath issue, no proof is admitted to prove the child a bastard.

Si mul [...]er nebilis nup­serit ignobili,Litt. 16. b. Coke. l. 6 53. l. 4.18. b.desinit esse nobilis. If a woman gain Nobility by Marriage, if she marry under the de­grees of Nobility, she lo­seth it; otherwise, if No­ble by descent.

Solus Deus facere potest haeredem. Litt. com. 7. b, 22. b. And therefore during the life of the Fa­ther he cannot be heire, but heir apparent? And therefore a Lease for life, [Page 102]the remainder to the right Heirs of J. S. if Tenant for life die, living J. S. the remainder cannot rest, there being no heirs of J. S. but onely appa­rent.

Stabitur praesumptioni, donec probetur in contra­rium. Lit. Com. 310. b. 393. b. If a man plead the Feoffment of a Mannor; he need not plead an Atturnment of the Te­nants, for that shall be presumed, till it bee shewn to the contra­ry.

T.

Testamento cum duo inter se pugnantia reperi­untur, Litt. Com. 112. b. ultimum ratum est. In one Will where there [Page 103]be diverse devises of one thing, the last devise taketh place.

Traditio loqui facit char­tam. A Lease dated 26. May. 25,Coke l. 5. f. 1. Clay­lon's case. Eliz. to hold from three years hence­forth, it was delivered at three of the Clock in the afternnon of the 20th of Junt after, from hence­forth shall be taken the day of the delivery inclu­sive, for the day of the delivery is parcel of the term; but à die confectio­nis, or à die datus, the term beginneth the day after the date.

V.

Vana est potentia quae nun­quam venit in actum. Coke l. 2. fol. 50. Te­nant [Page 104]in Tail,Cholmley's case. the remain­der in Tail, the remainder bargains and sells the land, and all his estate, to I. S. for the life of Te­nant in Tail, the remain­der to the Queen; the re­mainder to the Queen is void, because the Gran­tee, for life of Tenant in Tail, took nothing; for it is a void Grant. And a remainder, dicitur, quasi terra remauens, which cannot be here. And the remainder must take effect when the particular estate ends; and here it never begins. Et vana est illa potentia, quae nunquam venit in actum.

Ʋbi factum nullum ibi fortia nulla, Coke l. 4. fol. 43. Syers case. & ubi non est principalis non potest esse [Page 105]accessarius. If the princi­pall be pardoned, or hath his Clergy, the Accessary cannot be arraigned, for none can bee principall before it be so adjudged by Law; viz. by Judge­ment upon the Verdict or Confession, or by Out­lary. And it sufficeth not, that in truth he be princi­pall, and the acceptance of pardon, or prayer of Clergy is an argument, but no judgment in Law, that he is guilty.

Ʋbi eadem ratio ibi idom jus. Litt. Com. 232. a. 191. a. If two men do a tres­pass to another, who re­leases to one of them, by his Deed, all actions per­sonall; and notwithstan­ding, sueth an action of Trespasse against the, o­ther [Page 106]the Defendant may shew, that the Trespasse was done by him, and by another his fellow; and that the Plantiff, by his Deed, which he sheweth forth, release to his fel­low all actions personal, and demand the Judg­ment. And yet such Deed belongeth to his fel­low, and not to him. But because he may have ad­vantage by the Deed, if he will shew the Deed to the Court, he may plead this. By the same reason may the Feoffer, if he is come by the Deed Poll, when he ought to have advantage by the Conditi­on, comprised within the Deed Poll.Lit. Com. 32. c.

Ʋbi nullum matrime­nium, [Page 107]ibi nulla dos. To the having of Dower it is ne­cessary, that the Marriage do continue; for, if that be dissolved, the Dower ceaseth.

Verba accipienda sunt in mitiori sensu As,Coke l. 4.13. Thou art a Thief, and hast stollen a Tree, (spoken of another) it shall be intended a Tree standing.

Verba accipienda sunt cum effectu. Cok. Rep. l. 4. f. 48. Ognel's case. Litt. Com. 183. b. 112. b. Coke l. 3.23. Ployd, 197. b. 213. c. [...] ▪ If Lands be given to two men, and to the heirs of their two bodies begotten; the Donees have a joynt E­state for the tearm of their lives, and yet they have severall inheritan­ces, inasmuch as they cannot have an heir be­tween them ingendred; the Law will, that their [Page 108]estate be such as is reason­able, according to the form and effect of the words of the Gift, viz. the Heirs which the one shall beget of his body by any of his wives; and, so of the other.

Ʋerba aequivoca & in du­bie posita intelliguntur dig­niori & potentiori sensu, Coke l. 6. fol. 20. Gregorie's case. secundum excellentiam. As if the speech or writing be of I. S. generally, it shall be intended of the father, where the father and son are both of a name. So, if of two bro­thers of one name it shall be intended of the eldest; for these are more wor­thy. So, where the Sta­tute of 4. & 5. Phil. & Mar. speaketh in any Court of Record, it shall [Page 109]be intended of the four Courts at Westminster, be­cause the King's Atturney it Attendant there.

Ʋerba relata hoc maxi­me operantur per referen­tiam ut in esse videantur. Litt. Com. 9. b. As if the father infeoff the son, to have and to hold, to him and his heirs; And the son infeoffeth the fa­ther as fully, as the father infeoffed him: By this the father hath a fee-simple.

Ʋerba chartarum fortius accipiuntur contra profe­rentem. As, If two joynt-Tenants grant a Rent of 10 s. the Grantee shall have a Rent of 20 s. out of the land.

Ʋnumquodque dissolvi­tur eo ligamine quo liga­tur. Litt. 5 H. 7.33. 4 H. 7.7. b. In an Annuity, grow­ing by prescription, rien [Page 110]arrear, is a good plea; for this prescription is matter in fact: But in an Annuity by Deed, it is no good plea, without shew­ing an Acquittance.

Ʋltima voluntas Testato­ris perimplenda est secun­dum veram intentionem. Litt. Com. 322. a. b. If a man let lands devisa­ble to another for life, or for years, and deviseth the Reversion, by his Testa­ment, to another, in Fee or in Tail, and dyeth; and after, the Tenant com­mits waste: He, to whom the Devise was made, shall have writ of waste, although the Tenant ne­ver Atturn. And the reason is, for that the Will of the Devisor may be performed, according to his intent. And if the [Page 111]effect of this should lie up­on the Attournment of the Tenant, then, perchance, the Tenant would never Attorn; and then the Will of the Devisor should ne­ver be perform'd. And for this, the Devisee may di­strain, &c. or bring an acti­on of Waste without At­tournment.

Voluntas testatoris am­bulatoria est usque ad mor­tem. Litt. 112. a. b. Coke l. 4. f. 60. Forse and Hem­ling's case. And therefore▪ if a man, at divers times, make divers Devises and Testa­ments, yet the last Devise and Will made by him, shall stand, and the other are void: for the latter Will doth countermand the first.

Volenti non fit injuria. Pop. 9. As if Lessee for twenty [Page 112]yeares accept another Lease for ten years; the first Lease is void and gone, being the accep­tance of the second, is, in Law, the surrender of the first: and no wrong in the Lessor.

Ʋtile per inutile non vi­tiatur. Litt. com. 227. a. If the Jury give a Verdict of the whole is­sue, and of more▪ &c. that which is more is surplu­sage, and shall not stay Judgment.

Ʋxor non est sui-juris, sed sub potestate viri. Litt. com. 112. a. And therefore during the Co­verture, she is disabled to contract with any, with­out the consent of the husband.