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.

LAW CONSTRUCTIONS.

THe Law expoundeth things with equity and moderation, to moderate the strict∣ness; it is no Trespass to beat his Apprentice

with a reasonable correction, or to go with a woman to a Justice of Peace, to have the peace of her husband, against the will of her husband, which equity doth restrain the ge∣nerality, if there be any mischief or inconve∣nience in it; As if a man make a feoffment of his lands in, and with Common, in all his Lands in C. the Common shall be intended within his Lands in C. and not in his other Lands he shall have else-where.

36. Every Act shall be taken most strictly a∣gainst him that made it.

As if two Tenats in Common, grant a Rent of 10. shillings, this is several, and the Grantees shall have 20. shillings: but if they make a Lease, and reserve 10. shillings, they shall have onely 10. shillings between them▪

So an obligation to pay 10. shillings at the feast of our Lord God; it is no Plea to say that he did pay it; but he must show at what time, or else it will be taken he paid it after the feast.

37. He that cannot have the effect of a thing, shall have the thing it self.

Ʋtres magis valeat quam pereat.

As if a Termor grant his Terme, Haben∣dum

immediat è post mortem suam; the Gran∣tee shall have it presently.

38. When many joyn in one Act, the Law saith it is the Act of him that could best do it, and that thing should be done by those of best skill.

As the Disseizee, and the heir of the Dis∣seizor, who is in by discent, joyn in a Feoff∣ment; This shall be the Feoffment of the heire onely, and the confirmation of the Dis∣seizee.

And the Merchant shall weigh the Wares, and not the Collectors▪

39: When two titles concur, the elder shall be preferred.

40: By an acquittance for the last payment, all other Arrerages are discharged.

41: One thing shall enure for another:

If the Leasor enfeoff the Lessee for life, it shall be taken for a confirmation▪

42. In one thing, all things following shall be con∣cluded, in granting, demanding, or prohibiting.

If one except a Close, or a Wood, the Law will give him a way to it.

43. A man cannot qualifie his own Act.

As to release an Obligation untill such a time.

44. The construction of the Law may be alter∣ed by the special agreement of the parties.

If a house be blown down by the wind, the Lessee is excused in waste; but if he have covenanted to repair it, there an Action of Covenant doth lie by the agreement of the parties.

45.

The Law regardeth the intent of the par∣ties, and will imply their words thereunto; and that which is taken by common intend∣ment, shall be taken to the intent of the par∣ties; and common intendment is not such an intendment as doth stand indifferent; but such an intent as hath the most vehement pre∣sumption. All incertaintie may be known

by circumstances, every deed being done to some purpose, reason would that it should be construed to some purpose, and variance shall be taken most beneficial for him to whom it is made, and at election.

46.

An intendment of the parties shall be or∣dered according to the Law.

If a man make a Lease to a man, and to his heires, for ten years, intending his heires shall have it, if he die, notwithstanding the intent, the Executors shall have it.

47. Qui per alium facit, per seipsum facere vi∣detur.

A promise made to the Wife in considera∣tion of a thing to be performed by her Hus∣band, if he agree, and perform the Conside∣ration, in an Action of the case, he shall de∣clare the assumption was made to him.

And if my servant sell my goods to ano∣ther in deqt I shall suppose, he bought them of me.