A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N.

OF POLITICAL.

23.

NOthing shall be void, which by possibi∣lity may be good; If Land be given to a man, and to a woman married to another

man, and the heires of their two bodies, this is a present estate Tayle, because of the pos∣sibilitie.

24. Ex nudo pacto non oritur actio.

No man is bound to his promise, nor any use can be raised without good consideration.

A consideration must be some cause or oc∣casion which must amount to a recompence in Deed, or in Law, as money, or natural af∣fection, not long acquaintance, nor great fa∣miliarity.

25. The Law favoureth a thing that is of necessity.

As to pay several expences, shall not be said to Administer; to distrain in the night, dammage feasant, to kill another to save his own life.

A servant to beat another to save his Ma∣ster, if he cannot otherwise choose.

To drive another mans cattel amongst mine own, untill I come to a place to shift them, is no Trespass.

26. And for the good of the Common-wealth.

As killing of Foxes, and the pulling down of an house of necessity to stay a fire.

27. Communis error facit jus.

As an Acquittance made by a Major alone, where there be a hundred presidents, is good.

28. And things that are in the Custody of the law.

Goods taken by Distress, shall not be taken in Execution for the debt of the ow∣ner thereof.

29. The husband and the wife are one person.

They cannot sue one another, nor make any Grant one to another: And if a woman marry with her Obligor, the debt is extinct; and she shall never have any action, if ano∣ther were bound with him; for by the mariage the Action is suspended; and an action perso∣nal suspended against one, is a discharge to all.

30.

An Obligation with a condition to enfeoff a woman before such a day, and before the day the Obligor taketh her to wife, the ob∣ligation is forfeited, because he cannot in∣feoff her, but he may make a lease for years with a remainder to his wife.

When a joynt Purchase is, during the mar∣riage, every one shall have the whole.

When a joynt purchase, during the mari∣age, is made, and the husband sell; the wife shall have a Cui in vitâ for the whole against both, and on a feoffment made to one man and his wife, and to a third person, the third person shall have one moity.

31. All that a Woman hath, appertaineth to her Husband.

Personal things, and things absolutely re∣all, as Lands, rents, and so forth, or Chattels reall, and things in Action, are onely in her right; notwithstanding real things, and things in Action, he may dispose at his pleasure, but not Will or charge them; and he shall have her real Chattels, if he survive. Of things in Action, the woman may dispose by her last Will, and she may make her husband her Executor, and he shall recover them to the use of the last will of his wife.

If a Leassee for years grant his terme to a man, or woman, and to another, they are joynt-Tenants; But if goods be given to her and to another, her husband and the other are Tenants in common.

The Husband may release an Obligation, or trespass for goods taken when his wife was sole, and it shall be good against the wo∣man

if he die; but if he die without making any such Release, the woman shall have the Action, & not the Executor of her husband.

The woman surviving, shall have all things in Action; or her Executors, if she die.

The Husband shall be charged with the debts of his wife but during her life.

32, The will of the Wife, is subject to the will of her husband.

Note, a Feoffment made to the wife, she shall have nothing, if her husband do not thereunto agree.