A.

ACceſſorium non ducit ſed ſequitur ſuum Principale.

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

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

Actio perſonalis moritur cum perſona. If a Leſſee for years doth waſte, and dyeth;Litt 53. b. Dy. 114. a Writ of waſte lieth not againſt his Executor or Adminiſtrator, for waſte done in his 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, 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. poteſt in eſſe produci. Corbet's Caſe. Dy. 153.21. E. 436.4. E. 4.29. Ployd. 255. a. As if a Gift in Tail, upon condition, that if the Donee aliene, that then it ſhall remain to another, it is repugnant; for, after alienation, it cannot remain. An Obligation, ſolvendum nunquam, the Solvendum is void for the contrariety, and the thing preſently due.

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

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

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

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

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

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

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

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

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

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

Aliquis non poteſt eſſe Judex in propriâ cauſa. Litt. Com. 141. a. Coke l. 8.118. Dy. 65.12 H. 8.11 If one will preſcribe, that if any Cattle were upon the Demeans of the Mannor, doing Damage; 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 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 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, 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 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. 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. 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 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 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. 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 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 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; 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, 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 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 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 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 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 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, 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, he ſhall not be bound by the deed of his Anceſtor, except to the King.

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

I

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

Idem ſemper proximo antecedenti refertur. Litt. Com. 20. b. As if a man let Lands to A. for life, the remainder to B. in taile, the remainder to C. in forma praedicta, this remainder is void for the incertainty: But if it had been the remainder to C. in eadem forma, this had been a good 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 the day: yet if any offend againſt this ſtatute, he ſhall not be excuſed for the not proclaiming of it; for he is bound to take notice of the Law at his peril.

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

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

Impotentia excuſat legem. Coke Litt. 29. a. 258. b. 263. b. Coke Rep. Laughter caſe. Coke l. 98. A man ſeized of an advowſon, or rent in fee, hath iſſue a daughter who is married, and hath iſſue, and dies ſeized; the wife before the rent became due, or the Church became void, 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 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 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 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 & 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 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 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 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 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. 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, 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 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: 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 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. 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 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 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 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 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 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 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, 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. 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 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 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 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 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 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 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 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; 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 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 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 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 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 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, 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 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 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, that the Defendant might have a certain anſwer; and upon which, a certain Judgement might be given.

P.

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

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

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

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

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

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

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

Q.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

S.

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

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

Si 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, 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 be diverſe deviſes of one thing, the laſt deviſe taketh place.

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

V.

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

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

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 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, ibi nulla dos. To the having of Dower it is neceſſary, that the Marriage do continue; for, if that be diſſolved, the Dower ceaſeth.

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

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

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 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 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 effect of this ſhould lie upon the Attournment of the Tenant, then, perchance, the Tenant would never Attorn; and then the Will of the Deviſor ſhould never be perform'd. And for this, the Deviſee may diſtrain, &c. or bring an action of Waſte without Attournment.

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

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

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.