A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

To the right Honourable and his Honoured Kinsman JOHN LISLE Esq One of the Lords Comissioners of the Great Seal of England.

My LORD,

IF Consangui∣nity and long acquaintance, and Converse together in three famous Socie∣ties, may be a sufficient

ground for the Dedi∣cation of a Book to one; I hope, it will neither seem incon∣gruous to others, nor be judged presumpti∣on by you, that I make choice of a Lawyer, and among them, of your self (one of such eminent place in refe∣rence to the Laws of the Land) to Patro∣nize a Treatise of our Municipall Laws. I wish the VVork were

as well worthy of your acceptance, as the ap∣plication of my self to you is proper. Lex humana (saith Aqui∣nas) est quoddam dicta∣men* 1.1 rationis, quo diri∣guntur humani actus. A humane Law is a cer∣tain dictate of reason by which humane acts are directed. The Law of this Land is held to be the best every way for this Nation, it being the Birthright (as one of

the great Sages of the Law saith) and the most antient and best Inheri∣tance* 1.2 that the Subjects of this Realm have; for by it they enjoy not only their Inhe∣ritance and Goods, in peace and quietness, but their Life and their most dear Coun∣try in safety▪ Among other principles of the Law are divers gene∣rall and particular Cu∣stomes, Cum enim ali∣quid

multoties fit (saith* 1.3 the Schoolman) videtur ex deliberato judicio pro∣venire, & secundum hoc consuetudo & habet vim legis, & legem abo∣let, & est legum inter∣pretatrix. For when any thing is done very often, it seems to pro∣ceed from deliberate Judgment, and accor∣ding to this Custom both hath the force of a Law, and abolisheth a Law, and is the in∣terpreter

of Laws, Your Office is to mo∣derate the rigour of the Law, to weigh what is generally meet, and for the person. Your Court is a Court of Equity or Consci∣ence, as some call it. Let Conscience bear sway in all your pub∣lick and private Deter∣minations: It is a Stu∣dy well becoming a Christian Magistrate; to labour in all things

to approve his waies to God, Acts 24. 1••. Heb. 13▪ 18. Lay out your self and your Abilities for him, before whose Barre the highest Judge on Earth must one day stand, and the higher our standing here is, the greater will the ac∣count be at the generall Audit. The conside∣ration of which, I hope, will have an influence upon all your Sen∣tences and Actions;

If you shall make it your VVork to exalt God, he will pour his Blessings abundantly both upon your self, and whole Family, which shall be the de∣sire of

My Lord,

Your Affectionate Kinsman and Servant, Edward Leigh.

Notes

• * 1.1

  1. 2. Q. 97. Act. 1.
• * 1.2

  Cooks preface to the 5 Rep. and on Lit.
• * 1.3

  Aqu••nas loco prius ••itato Act. 3.