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scientiæ, then it will be good conscience, that the tenant shall be evicted of leases by the heirs of the grantor, the lord should be defeated of wardships, and the king lose his escheats in case of high treason. A further motive to justify the act of the judges in Edw. IV. was, in that although their common recoveries shewed themselves more frequently, and with more allowance than before, yet ever since the making of the statute of Westm. 2. recoveries I take it were bad, and were upon ancient titles; for all the judges know this may be in some fashion collected out of the parliament rolls of the 17 Edw. III. ; wherein the commons desire to have it explained, in what degrees the alienation of tenant in tail bindeth the issue, and when not; the king answered, the laws used for the degrees are to be observed.
Dr. Cowel treats only of the conscience, not of the power of the judges, else I might have been subject to a further labour : for these reasons; I doubt but the perpetuities recited by me in the Saxon times, and the perpetuities in the civil law, mentioned in the Digests, and in the 119 and in the 120 Novels, might be cut off, as well as any perpetuities in the common law, although not by the party's own private act, yet by judicial recoveries: and the opinion in a printed treatise called, An Addition to Doctor and Student, “ if a s statute were made, there should be no sale of land in “ England, that is a good statute ;” questionless it is a void statute. I may say also in ...... words, who dedicated his works to Carolus Crassus; these things as it were by excess be remembered, ad cognominalem vestrum Carolum, jam Olienus accedebat notatus, for Olerinus notatus, is in respect of last mention rather than the voice.
Dion Prusæensis writes, those sail quickliest, and safeliest arrive at the haven, who look upon the lights of the watchtower ; with more speed and credit I shall accomplish my designs, if I direct my course to the so much admired dominium,
The civilians and French lawyers say, there is plenum, et non plenum dominium, of such land where is utile, and directum [dominium] the several owners in that case have not plenum dominium : and by Bartolus it is properly of corporal things, or right: but as in the common law we have no such difference of plenum et non plenum dominium, so a man hath as much dominium, or interest, or right 'descendible in incorporate things, as in tithes, rents, offices, and the like, as in corporate things; and herein the common law resembles divinity, for God is as much Dominus, and hath dominium over angels, which are incorporate, as over men, which are corporate. Dominium in the common law, as it is sometimes taken for the seignory, or right in possession, which a man hath in any thing corporate or incorporate, so anciently dominium and domanium with us being one, it signifieth the land a man kept in his own hands in demesne for the present nourishment of his family, as it may appear by Doomsday and Ingulphus. At this day in pleading it is called dominicum, which is the phrase of Simonius the monk.
The Frenchmen call it domanium. Theodorus Balsamon calls it dominium ; translationis doininium in synodo Laodiceno, et sexto synodo in Trullo, is the place where do minica vasa are kept, which is our vestry; more often dominic .. .. is taken for the church titulus or martyrium.
Locatio and conductio is but the letting of land under the space of ten years, and needeth not much resemblance.
By Feronius, if the tenant have a lease in writing he is to be called properly libellarius, because libello scribitur contractus; by Gregory the ninth, in the Decretals, in respect of the barrenness, or fruitfulness of the year, the rent is abated; our law was never so.
In Spain, if one buy the king's lands, and a subject, and give not the half value thereof, the sale is not good; but by ....... if one take a lease of the king of Spain's land, or take it as a farmer, although he gain half in half, yet the lease shall stand: for pure contracts or leases came in by the law of nations, whereby in this kind it was lawful for any to deceive one another : but this reason is against the former part of the Spanish law, which agreeth with the
civil law, and the law of France: one in buying and selling must gain half in half.
........ in his French Pladoys hath this case: one sold a horse to a young gallant, to be paid five times the worth of him at the day of death or marriage of the buyer.
This by the judgment of the court of parliament of Paris was adjudged a contract against good manners; but the court allowed the true value of the horse. By the capitulations of Charles the Great, conductionis titulo habere, is to have a lease for years. So in a synod ........ in France, anno Domini 1404: no person or persons shall let per admediationem fructus beneficii, that is, to let out his benefice for years. Balsamon calls letting out of years the possessor ; the lessee the taker of leased lands by Alciat may be called, and by the Novels is Colonarius. These premises I would have to enforce your opinions, that I am an alien, if not an alien to the mind of Peter Blesensis in our Henry the Second's time, who writes, “ I read the “ code and the pandects in the vacation time for some so“ lace, but not to reap any profit."
Jonathan, when he came into a wood where was great store of honey, took only a little upon the point of a stick; for provisions which were reserved in foreign states as well as ours, the auctorities are so plentiful that I will write only one or two.
Cæsar, being consul with l'ibullus, in the year 601 of the city, made a law to the magistrates of the city of Rome, when they passed by any province, the towns and the people should furnish them with hay and victuals: this is called Julia de magistratibus. An ancient by her husband had Egypt given her ..........
Themistocles had Lansaica. Magnesia was given .......
The Jews likewise, as upon their leases, sometimes reserved provision.
To give an instance in each out of the text ; for the former, by the Canticles ; Solomon had a vineyard in Bale hamon, he gave the vineyard unto the keepers, every one
RALEGH, MISC. WORKS.
brought for his part a thousand pieces of silver, but the provision was reserved.
Christ himself proveth it, where he shews the vineyard, whereof rent-grapes were reserved, the tenants killed the heir apparent of their landlord; where the crafty steward in the Gospel bid the debtors of his master write down so many ton of oil less than was owing his master, and so many quarters of wheat. I were a ...... I should write these oils and wheat was due to the master in respect of rent and provision, and not for any personal or collateral contract. Varro, saith Plebei ............ that is as much as to say, he let out soccage land, yielding yearly the third or half sheaves of corn, or provision, or victual: and as the religious houses in England in the Saxons' time, as formerly appeareth, procured deeds for being discharged from the entertaining the king and his officers of provisions, and from taking up of their houses by their harbingers; generally in other countries of Europe they procure like deeds. Sigonius observes, that Charles the Great, being at ......., at the request of Germanus the bishop, gave unto Clero Mutinensi the lands which were formerly given by the king of the Longobards, and also pro vided that this judge or officer should feudum erigere aut mansiones aut paratus aut fide jussores acceperit. Choppine recites the letters of Ludovicus Pius, the emperor, to the church of St. Maurice in Anjou, wherein it is ordained no judges shall enter in the lands belonging to the church to hear causes, vel feuda exigenda, aut mansiones, aut paratus faciendos, aut fidejussores tollendos, aut homines ecclesiæ distringendos. The like words are in the charter of Dagobert king of France, in the year 718, founding ecclesiæ canonicæ with further words, nec ullus pastus dabitur. The auctorities are plentiful in this kind. I remember Christiana, the wife of Udislaus the Second, king of Poland, craving of her neighbours in kindness to send her some provision for her house ; after, lex regia ordained it to endure for ever.
To Prince Henry; touching the Model of a Ship. Most excellent prince, If the ship your highness intends to build be bigger than the Victory, then her beams which are laid overthwart from side to side will not serve again, and many other of her timbers and other stuff will not serve ; whereas if she be a size less, the timber of the old ship will serve well to the building of a new.
If she be bigger, she will be of less use, go very deep to water, and of mighty charge, our channels decaying every year; less nimble, less manageable, and seldom to be used : Grande navio grande fatica, saith the Spaniard.
A ship of six hundred tons will carry as good ordnance as a ship of twelve hundred tons, and where the greater hath double her ordnance, the less will turn her broadside twice before the great ship can wind once, and so no advantage in that overplus of guns. The lesser will go over clear, where the greater shall stick and perish; the lesser will come and go, leave or take, and is yare ; whereas the greater is slow, unmanageable, and ever full of encumber.
In a well conditioned ship these things are chiefly required.
1. That she be strong built.
4. That her ports be so laid as that she may carry out her guns all weathers.
5. That she hull and try well.
6. That she stay well when boarding or turning on a wind is required.
To make her strong, consisteth in the care and truth of