Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

Prerogatiue.

Statutes of restraint binde not vnlesse they concerne the Common-wealth, or hée be specially named: As the Statute of Westm̄ 2. which altereth fee-simple Con∣ditionall, into an estate Taile, that Tenant in Taile shall haue no power to alien, doth binde him: for it is for the Common∣wealth. So as Lands being giuen to the King in Taile, the Remainder ouer, if the K. haue issue who alieneth, & dieth with∣out issue; hee in the remainder may enter. But if by Statute one be attainted, and his lands forfeit, with a prouiso that of such lands as hee was seised to the vse of any other cesty qui vse may enter; that bindeth not the King that cesty qui vse should enter vpon him, for it is not for the Common∣wealth. But the Statute of 1. H. 5. cap. 5. that in Enditements, addition must bee gi∣uen to the partie indited, bindeth the king in that case because Enditements are espe∣cially named.

He may licence things forbidden by the Statutes. As to coyne monie which is made felonie by the Statute, and was be∣fore lawfull, for that is but malum prohi∣bitum. But malum in se, as to leuie a nusance in the High-way, hee cannot licence to do: but when it is done he may pardon it. But where the Statute saith his Licence shal be void, there it must haue a clause of Non

obstante; that is to say, this clause, (notwith∣standing any Statute) else it is not good. As the Statute 23. H. 6. cap. 18. is, That the Kings Grant to be Sherife of any County, longer than a yeare, shal be void, notwith∣standing that the clause of Non obstante bee in the Patent: yet with a clause of Non ob∣stante such a Grant is good, and not with∣out it. But neither without nor by that clause, hee can dispence with a Statute be∣fore it bee made. And therefore a licence to carrie Bell-mettall out of the realm (not∣withstanding any statute made or to bee made) is not good, if a Statute be made af∣ter that to prohibite it. For hee cannot di∣spence with an Act of Parliament before it be made.

Courts of Record which haue an ordi∣narie Iurisdiction, are either generall, whose Iurisdiction extends throughout the Realme, or but within some Countie: wherefore these latter, for their order and * 1.1 course of proceeding, doe in all things fa∣shion themselues to the example of those higher courts, as of the parents from whom they come.

The former are those that are holden in Terme time onely: the whole yeare ha∣uing foure Termes, Michaelmas, and Hillarie Terme, Easter and Trinitie Terme, and euerie Terme seuerall dayes of Returnes. If either the returne day, or first or last day of Terme fall vpon the

Lords day, then the day following is taken in stead of it.

Michaelmas Terme (beginning the 16. of October, and ending the 28. of No∣uember) hath 8. returnes Octabis Michaelis that is the 8. day after the feast of Saint Mi∣chael. Quindena Michael, that is the 15. day after. Tres Michael, that is at the end of 3. weeks after. Mense Michael, that is at the end of a moneth after. Chrastino animarum, that is the next day after Chrastino Martini, Octab. Martini, Quindena Martin.

Hillary Terme beginning the 23. day of Ianuary, and ending the 12. of Februarie hath foure returnes: Octabis Hillarij. Quin∣dena Hillarij, Chrastino purificationis. Octabis purif.

Easter Terme beginning 17. dayes af∣ter Easter and ending the Monday next after Assention day, hath fiue returnes. Quindena pasche, Tres paschae, Mense paschae, Quin{que} paschae, that is fiue weekes after Chrastino Assentionis.

Trinitie Terme beeginneth 12. dayes after Whitsunday, & continuing, 19. daies, hath fiue returnes, Octab Trinitat. Quinde∣na trinitat', Chrastino Iohannis Baptistae Octab. Iohannis Baptistae, quindena Iohannis Baptista.

Notes

• * 1.1

  34. H. 6. 41.