The pandectes of the law of nations contayning seuerall discourses of the questions, points, and matters of law, wherein the nations of the world doe consent and accord. Giuing great light to the vnderstanding and opening of the principall obiects, questions, rules, and cases of the ciuill law, and common lawe of this realme of England. Compiled by William Fulbecke.

A Table of the Sections or Diuisions of the principall points, matters, and questions which are handled in euerie Dialogue.

The Diuisions and principall contents of the first Dialogue, of Contracts.

The first Diuision. 1. THe ground of contracts. 2. The contracts of infants, per∣sons distracted of their wits, and religious persons, whether and how far forth they be good. 3. Monks are absolutely prohibited by the Ciuill law to make any contract: In∣fants are disabled with a certein qualification. 4. That by the Co∣mon Law priors vnder the obedience of a Soueraign, and which were datife and reuoueable, could not implead or be impleaded without their Soueraign, vnles it were by speciall custom. 5. The same Law was of the Knights of S. Iohn of Ierusalem. 6. The in∣fants contract for his meat, apparrell, and necessaries is good, if he be of the age of 14. yeeres. 7. That which the infant doth without actuall liuery, may be auoyded by action without entry or seisure, but that which he doth by actual liuery, cannot be auoyded with∣out entry or seisure.

The 2. Diuision. 1. Whether the contract of the seruant, shall be accounted in Law the contract of the master. 2. That according to the Comon law, the master shall be bound by the contract of a known seruant if the thing marchandised be come to his vse, & he shal be bound by the contract of his factor, though the goods neuer come to his possession. 3. The act of a mans attorney or his generall receiuer, doth not bind the master without speciall warrant.

The 3. Diuision. 1. Whether the wiues contract made in the behalfe of the hus∣band, will bind the husband. 2. That by the common law, an acti∣on of debt brought vpon a contract made by the wife for the be∣hoofe of the husband, must be brought only against the husband without naming the wife. 3. That by the Ciuill law the husband is in no sort to be charged by the contract of his wife.

The 4. Diuision. 1. How contracts may stand or fall by their materiall causes, or the defect of them.

The 5. Diuision. 1. Some contracts are ordered by the Law of Nations. 2. An Embassador may according to the ciuill law be impleaded by the Law of Nations for a contract made whilest he is Embassador.

The 6. Diuision. 1. Whether cōtracts made with pirats, or robbers in the high way be good in law. 2 That pirats & robbers are not to haue aduātage of law in matters of contract. 3. That D. Hotoman erreth greatly in mainteyning that pirats & robbers may lawfully contract.

The 7. Diuision. 1. That by the comon law a consideration is the proper material cause of a cōtract, & that it may be expressed or implied. 2. That a contract is not good without money payd in hand, or a certeine day limited for the payment.

The 8. Diuision. 1. Whether the defect of forme do destroy the contract. 2. That solemnity & concurrence of circūstances is required in contracts by the Ciuill lavv, 3. That matrimoniall contracts if there be no assumpsit in them, are to be deuided by the Ecclesiasticall law if there be an assumpsit by the Common law.

The Diuisions and principall contents of the second Dialogue, of gifts and grants.

The first Diuision. 1. VVHat things may be giuen or granted. 2. That all things that lye in commerce, and may be receiued, may be gi∣uen. 3. That things Ecclesiasticall, though they be not consecrate, cannot regularly be granted. 4. That if an Abbot did alien landes giuen in Frankalmoign to his house, the donor might haue a writ contra formam collationis.

The 2. Diuision. 1. The diuers kinds of gifts, some being free, & some compensa∣torie. 2. What is wrought by the Queenes graunt ex mero motu. 3. What is wrought by her Maiesties grant, by of informamur, &c. 4.

Whether vpon a false consideration expressed, an vse shall be rai∣sed in a comon persons case. 5. That a consideration may be auer∣red, which is not repugnāt to the vse expressed. 6. That an vse may be altered by a consideration not valuable.

The 3. Diuision. 1. In what cases graunts shall be taken most beneficially for the grantee. 2. That a grant noncerteyn must be taken most strongly against the grantor. 3. That a graunt may be good in part, and for parcell not. 4. How the Queenes grants and licences shall be con∣strued and interpreted. 5. A grant is not to be fauored contrary to the manifest sense of the words.

The 4. Diuision. 1. That by the Common law a grant that is not good at the first may not be made good by matter ex post facto, nor by the Ciuill lavv.

The 5. Diuision. 1. Whether a tenant at will may grant ouer his estate. 2. That the estate of the tenant at will is in maner no estate.

The Diuisions and principall contents of the third Dialogue, of Bargaines and Sales.

The first Diuision. 1. WHat things are forbidded to be sold. 2. That by the Ca∣non law things consecrate, & religious, may not be sold 3. That poysons by the ciuil law are forbidden to be sold. 4. That there be some poysons which be medicinable and profitable, and the prohibition extendeth not to these. 5. That some poysons are medicinable alone, some with the mixture of other things. 6. what things are forbidden to be sold by the comon law.

The 2. Diuision. 1. Where a thing was not sold at the first, and where it was sold but the sale was defeasible vpon cōdition. 2. A difference betwixt a perfit sale, and a sale to be perfited vpon a condition performed. 3. That a prouiso though it be placed amongest couenants, may

defeate a bargaine and sale. 4. That where a bargaine and sale is perfit, but defeasible vpon cōdition, the vendee shal take the pro∣fits till the condition be performed.

The 3. Diuision. 1. When no day is limited for the payment of a summe of mo∣ney, what time the Lawe will require. 2. In such case the partie charged with the payment, shall by the Ciuill Lavve haue three∣score daie. 3. That by the Common lawe when no day is limit∣ted, the money is presently due, yet in some cases by some autho∣ritie the discretion of the Iudges is to limit a time. 4. The defini∣tion of time according to the opinion of Aristotle.

The 4. Diuision. 1. That a bargaine and sale may be auoyded by the defect of some substantiall thing belonging to the act. 2. That fraud and deceit in the contract by the Ciuill law doth defeat the contract. 3. A difference where the default of the thing sold is Latens or Patens. 4. That whether the default be Latens or Patens, if the bar∣gainor doe warrant the thing sold to be without fault, he is bound by the warrantie by the ciuil law. 5. That bargaines and sales, mat∣ters in writing and obligatorie, may be auoyded by alleaging that they were made or done per minas or by duresse. 6. That by the comō law a warrantie made vpon a bargaine and sale doth binde, otherwise it is, if the warrantie be made after the bargaine be con∣cluded. 7. That the warranting of a thing which is euident to the sense, is no cause to bring a Writte of Disceit by the Common law.

The 5. Diuision. 1. That by the comon law the bargaine and sale, or the grant of the profits of land, is the grant of the land it selfe. 2. That by the Ciuill law a man may grant and demise the vse of a thing, and yet not grant the thing it selfe.

The 6. Diuision. 1. When a man selleth land wherein treasure is hidded, and the vendor knoweth not of it, whether the vendee shall haue the

treasure. 2. How this word (treasure) is taken in the Ciuill law. 3. That by the Ciuill law, money and other things necessarie to the common vse of this life are forbidden to be hidden & buried in the ground. 4. Plato his superstitious opinion of things hidden in the earth. 5. How the Ciuill law doth order & dispose of treasure. 6. What the Common law doth determin of treasure.

The Diuisions and principall contents of the fourth Dialogue, of Seigniories, and Seruices.

The first Diuision. 1. THe description of a Seigniory by the Ciuill law. 2. By the Canon law. 3. Likewise by the Common law.

The 2. Diuision. 1. What homage is, and how it is to be performed by the com∣mon law. 2. That homage hath beene practised in ancient time.

The 3. Diuision. 1. What a Manor is, and whereof it consisteth. 2. The originall of a Manor.

The 4. Diuision. 1. Statutes made for the prseruation of Seigniories & Manors.

The 5. Diuision. 1. Fealty is the most generall seruice in the Common law. 2. In the Ciuill law. 3. That by the Ciuill law, the Common law, & the Canon lavv, a religious man ought to doe fealty.

The 6. Diuision. 1. The diuers kinds of seruices in the Ciuill lavv, & their defini∣tions. 2. The diuers kinds of seruices in the Common lavv, & their definitions. 3. The originall of villenage, & the nature thereof. 4. The tenure vvhereby a man holdeth of an honor or manor is de∣scribed, and by examples illustrated. 5. Certeyne honors vvhich be not of the ancientnesse of the Crovvn. 6. Some honors vvhich be annexed to the Crovvne.

The 7. Diuision. 1. Whether one vvithin age be compellable by Lavv to doe all manner of seruice either by himselfe, or some other. 2. A diuersity

in the Ciuill law whether the father of such an infant died in a iust war, or at home in his bed. 3. That by the Common Law the infāt shall be in ward if his father dyed seised of land held by Knights seruice, without any such diuersity. 4. A diuersity in the Common law, where the heire of the tenant by Knights seruice is within age and a Knight at the time of his fathers death, and where not.

The 8. Diuision. 1. What penalties lye vpon the tenant if he doe not his seruice. 2. Many causes of the tenants forfeiture in the Ciuill law, 3. Some causes of forfeiture by the Common law.

The 9. Diuision. 1. Whether when the tenant hath committed felony or treason, and is atteynted, he shall suffer any preiudice in his tenancie. 2. A diuersity in the Ciuil law, where the offence is committed against the person of the Lord, and where against the person of a stranger 3. That by the common law, by the atteynder of felony or treason the bloud is corrupted, & in the one case the land shall escheat to the King, in the other to the immediate Lord. 4. The aforesaid de∣terminations & conclusions of Ciuill and Common law touching the forfeiture of the offendor are examined by the Law of God.

The Diuisions and principall contents of the fifth Dialogue, of Ioyntenancie and Tenancie in common.

The first Diuision. 1. THe ioyntenants and tenants in comon, ought to haue equall profit. 2. That by the Common law a Writ of account will lye if one ioyntenant take all the profits.

The 2. Diuision. 1. That ioyntenancie is dissolued by death, vnles there be some clause in the creation of the estate to the contrarie.

The 3. Diuision. 1. That by the Ciuill law by the ioynt gift of all the goods of a man, all corporall things passe. 2. That by the Common law if a man deuise the third part of his goods to his wife, it shall so be ra∣ted as they were at the time of the death of the testator. 3. That the Queene may grant a thing in action,

The 4. Diuision. 1. That ioyntenancie by the ciuill law, may be of all such things as lye in contract. 2. That the limitation of tenancie in common is by the party, but the construction of it by the law.

The 5. Diuision. 1. That an assignee of a moitie in the Ciuill law is bound by the couenant of his grantor. 2. That by the Common law in such case the assignee is bound by the couenant.

The Diuisions and principall contents of the sixth Dialogue, of exchanges.

The first Diuision. 1. THat by the Ciuill law contracts for a certeyne price are not exchanges, 2. That by the Common law the word excam∣bium must be vsed in the exchange. 3. That the estates must be e∣quall. 4. That the things exchanged must be in esse. 5. That an ex∣change is good, though one part of it doe inure by way of extin∣guishment.

The 2. Diuision. 1. That the incumbents may not exchaunge their benefices by the Canon lavv. 2. That the Chapter may warrant permutations sede vacante in such benefices, wherein they haue interest or autho∣ritie. 3. That by the Common law, Ecclesiastical persons, their pa∣trons and ordinaries ioyning together, cannot make any good ex∣chaunge of Ecclesiasticall benefices. 4. That the Statute of Mort∣main is most strict, and pregnant in words.

The Diuisions and principall contents of the seuenth Dialogue, of Deuises, and Legacies.

The first Diuision. 1. THe antiquitie of wills. 2. Plato his exception against Solons Law concerning wills. 3. Solons law is mainteyned and de∣fended agninst Plato.

The 2. Diuision. 1. Such as be vncapable of inheritances and goods, may not be deuisees, heires, or executors by the Ciuill law. 2. A difference in the Ciuill law betwixt the making of a deuisee, and the making of an executor. 3. That by the Common law all persons to whom a grant may be made, a deuise may be made vnles it otherwise hap∣pen in some fewe cases. 4. That the deuisee must be a person capa∣ble of the thing deuised. 5. That by the Common law the deuisee ought to be capable at the time of the death of the deuisor.

The 3 Diuision. 1. That by the Ciuill law all such things may be deuised as the testator hath in his own right at the time of the deuise. 2. The three degrees of a testament by the Common law. 3. A difference in the Common law where a man deuiseth a thing whereof he is not sei∣sed, particularly and by name, and where not. 4. That things which are not in esse at the time of the deuise made, may be deuised. 5. That the deuise of tenant for life, or tenant in dower of the corne growing at the time of their death is good. 6. That when the partie hath a certaine and lawfull interest in a thing, he may lease it, grant it, or deuise it before the existence of it. 7. That a deuise may be vn∣certain, but yet good in Law, because it may by speciall meane be reduced to certaintie.

The 4. Diuision. 1. That by the Ciuil law Ius accerscendi taketh effect in legacies. 2. Whether when the sixt part of a thing is deuised, the heire or executor is compellable by the Ciuill law to diuide it, or to render in value. 3. That by the Common law sometime there may be a se∣uerance of the thing deuised, sometimes of the profits or of the ad∣uantage of the thing.

The 5. Diuision. 1. That if a man deuise a plot of ground whereupon a house is built, the house also passeth. 2. A house built vpon land entayled after the gift shall be recouered in a Formedon.

The 6. Diuision. 1. That by the Ciuill law, when an especialty conteyning a det is deuised to one, the debt it selfe passeth. 2. Master Parkins his o∣pinion touching the diuising of an Obligation is examined.

The 7. Diuision. 1. That by the Ciuill Law the executor is bound to make good the thing which perisheth through his default. 2. That in some ca∣ses the time of performing legacies is left to the discretion of the Iudges. 3. That by the Common Law the executors are bound to performe the deuise in conuenient time. 4. A diuersity betwixt an obligee & a deuisee.

The 8. Diuision. 1. That things which are accessory do pass with their principal 2. That a mine of coale passeth with the land if it be ioyntly vsed with it, otherwise it is if it be seuerally vsed. 3. That a woman shall be endowed of a mine of coale discouered after the husbāds death 4. That words of the Present tense in a deuise may not be exten∣ded to the Future tense.

The 9. Diuision. 1. That by the Ciuill law, if the deuisee of a terme die before the deuisor, the executor shall haue the terme. 2. By the Common law a diuersity is taken where the deuisee dieth in the life of the deui∣sor, and where after his death, but before the legacie executed.

The 10. Diuision. 1. That by the Ciuill Law, when a thing is deuised to God or to Christ, it shall go to the Church of the Parish where the testator dwelt. 2. That by the Common law, and by the statute of 23. H. 7. such deuise is void. 3. What is meant by a Church parochiall ac∣cording to Rolfes opinion.

The 11. Diuision. 1. That by the Ciuil law, where two testaments contain in them seuerall sums, that which conteyneth the lesser shall stand, but by the Common law the latter testament.

The 12. Diuision. 1. That by the ciuil law if an oxe be deuised to one, & he die, the skin is due to the deuisee. 2. That by the cōmō law it seemeth to be due, otherwise it had bin if there had bin an exception of the hide.

The 13. Diuision. 1. That if the reconusor deuise all his goods to the counsee, yet he shall haue execution of the land. 2. If the obligee make the ob∣ligor his executor, the debt is extinct.

The 14. Diuision. 1. That by the Ciuill law, if a man ordeyne by his will, that his

daughters shal mary by the appointment of Titius, that Titius his executor may dispose of this mariage. 2. That by the Comon law where a confidence is reposed in certeyn persons it is incommuni∣cable to others.

The 15. Diuision. 1. That by the ciuil law deuises are cōstrued for the most part most fauorably for the deuisee. 2. That the cōmō law so fauoreth deuises that it vpholdeth equity, & the corespōdency of reasō. 3. That the Common lavv frustrateth these deuises which are repugāt to law.

The 16. Diuision. 1. That by the Canon law, if lād be deuised to a womā whilest she shall liue chastly, her mariage is not implicatiuely & absolutely prohibited. 2. That the Ciuil law & Comō law do fauor mariage.

The 17. Diuision. 1. That there is a diuersity in the ciuil law, where a man maketh his wife vsu fructuariā of his goods, & where he deuiseth thē to her 2. That by the common law the administration of the goods and chattels of the testator doth appertaine only to the executor.

The 18. Diuision. 1. That by the Ciuill law the husbād may demād a legacy due to the wife without naming the wife. 2. That in the Common law, there is a diuersity, as touching bringing of actions in the wiues name where the matter of the writ is reall, & where it is personall. 3. That where the wrong doth immediately concerne the person of the wife, the wife of necessity must be named.

The 19. Diuision. 1. That by the Ciuill law, when maintenance is deuised to one till ripenes of age, is intended of full age, 2. The diuersity of ages by the comon law.

The 20. Diuision. 1. That by the ciuill law when a mansion house that is in one pa∣rish is deuised, the apurtenances in another parish do passe by the deuise. 2. That by the Comō law lād cannot be appurtenāt to lād.

The Diuisions and principall contents of the eight Dialogue, of borrowing and lending.

The first Diuision. 1. THe difference in the Ciuill law, betwixt mutuum and com∣modatum.

The 2. Diuision. 1. That particular persōs, corporations, & churches parochiall may be bound by contract of borrowing & lending by the Ciuil lavv, 2. That by the comon lavv Abbots, Priors, & such religious persōs might charge their house by their cōtract, & by recognisās.

The 3. Diuision. 1. Two kinds of borrowing & lending by the Ciuill law, natu∣rall & ciuill. 2. That the comon law acknowledgeth this differēce in substance & effect.

The 4. Diuision. 1. An vsurous lēding or lēding of mony for interest is by way of obiectiō mainteyned. 2. Aquinas his authority is vrged for proofe hereof. 3. The obiectiō is answered by the Canonist. 4. Aquinas his authority disproued. 5. The Ciuill law in cōdēning vsury agreeth with the Canon. 6. The comon law in this agreeth with the other lawes.

The 5. Diuision. 1. A diuersity in the Ciuill law, when money is tendered at the day of payment & is after embased, & when it is tendered after. 2. To the aforesaid diuersity the Comon law seemeth to agree.

The 6. Diuision. 1. That by the bond of the surety the principall debtor is not dis∣charged by the Ciuill lavv. 2. That by the comon law as well the one as the other may be sued.

The Diuisions and principall contents of the ninth Dialogue, of the baylement and deliuery of goods and chattels

The first Diuision. 1. THe definition of depositum at the Ciuill law. 2. The nature and course of it at the Common law, 3. A diuersitie where a writ of account of detinue & of trespas are to be brought concer∣ning things deliuered at the Common law.

The 2. Diuision. 1. That a thing cannot be said to be a depositū at the Ciuill lavv except it be deliuered to the party. 2. That by the Canon law the feoffee of the land is to haue the charters when the feoffement is without warranty.

The 3 Diuision. 1. That the baily is not to be charged with the losse of the goods which happeneth meerely by casualty.

The Diuisions and principall contents of the tenth Dialogue, of the forme and maner of ordi∣narie proceeding in matters of Lavv.

The first Diuision. 1. THe things vvhich are to be obserued of the plaintife at the beginning of a suit by the Ciuill lavv. 2. Citation is proued to be of the substance of the proceeding, contrarie to the opinion of some Ciuilians. 3. The cautles to be obserued at the comon lavv in the comencemēt of an actiō. 4. Disablemēts in the persōs of the pl. at the comon lavv. 5. The statut of 23. H. 8. of giuing damages to the def. is cōpared vvith the rule of the Ciuill lavv. 6. Suit must not be mainteyned before an incōpetent Iudge according to the comon law. 7. The seuerall iurisdictiō of diuers courts is described 8. That the sūmons of the party def. is necessarily exacted by the comon lvw. 9. That by the default of lawfull sūmons the procee∣ding of the pl. is frustrat by the Common law.

The 2. Diuision. 1. That by the Ciuill law, if a man be bound to appeare within ten daies, the tenth day is taken inclusiue. 2. That the first day and fourth day of appearance are all one by the Common law.

The 3. Diuision. 1. A diuersity of opening and prosecuting of priuat & publike offences at the Comon law. 2. Exception is taken to informations vsed by comon informers. 3 Many obiections are made out of the Ciuill law against comon informers. 4. Punishments ordeyned by diuers Emperors against comon informers. 5. Codicgnostes is char∣ged by Anglonomophilax to mistake the point in question. 6. He is likevvise charged to mistake the Ciuill lavv in this point 7. The statut of 18. of our Soueraign Lady the Q. is cōpared vvith the e∣dicts of Emperors. 8. Codicgnostes his surmise that informations vvere not vsed in the best times of the Romans, is aunsvvered and confuted. 9. It is shevved likevvise that informations are expediēt for the administration of Iustice.

The 4. Diuision. 1. Defaults are dispensed vvithall by the Ciuil lavv, vvhen they happen by the Act of God.

The 5. Diuision. 1. The most common action in the ciuil law is actio iniuriarum which is either Ciuilis or praetoria. 2. Actions & enditements at the common law are compared with ciuill & pretorian actions.

The 6 Diuision. 1. The libel of an actiō of iniuries is fully set down according to the form of the ciuil law. 2. exceptiō is takē to the form of the libel for vncertainty. 3. the exceptiō is approued by the comon law. 4. exceptiō likewise is takē to the libel for mingling things of diuers & seueral natures in it. 5. this exceptiō likewise is mainteyned by the comon law. 6. an other exceptiō is takē for the superfluous al∣leaging of the day & houre of the trespas don. 7. exceptiō also is ta∣kē for vsing too many words in describing the wrōg. 8. exception is takē for saying nemini iniuriā inferēdo. 9. exceptiō is likwise takē for vsing these words (animo iniurioso) being take for a surplusage. 10. Codicg. answereth the exceptiōs. 11. Angl. particularly exami∣neth & discusseth the exceptiōs. 12. Angl. excuseth & defēdeth the aboūdance of words in declaratiōs & libels. 13. the forme of a de∣claratiō vpon an action vpon the case, resēbling actinnē iniuriarū. 14. the cutting off of delaies by the Ciuill law. 15. the diminishing of delaies by the comon law. 16. the forme of a defence or barre in an actiō of iniuries. 17. the forme of a defence in an actiō vpon the case. 18. the forme of a trial by the Ciuil law. 19. the forme of a trial by the comon lavv. 20. the forme of iudgement in the ciuil law, 21. the forme of entring iudgement at the Common law.

The 7. Diuision. 1. That by the ciuil law an action of iniuries will not lye by the executor against the executor. 2. that by the comon law actio per∣sonalis moritur cū persona. vnlesse it be in some speciall cases.

The Diuisions and principall contents of the eleuenth Dialogue, of common wrongs and trespasses.

The first Diuision. 1. THe diuerse kinds of iniuries in the Ciuill law. 2. what an as∣sault is according to the common law. 3. that the comon law giueth an action vpon the case for a slander.

The 2. Diuision. 2. That by the Ciuil lavv an action of trespas lieth for the father, husband, master, for a wrong don to the sonn, wife, seruant. 2. That

by the common law the husband may haue an action for a wrong done to his wife. 3. In what cases an action will lye for the master for a wrong don to his seruant. 4. In what cases by the comon lavv an action will lye for the father for a wrong done to his sonne.

The 3. Diuision. 1. How the owner shall be punished by the ciuill law for a trespas don by his beasts. 2. In what case he shall not be punished though his beasts do hurt to an other man. 3. That by the Common law a man shall be punished for a trespas don by his beasts.

The Diuisions, and principall contents of the twelfth Dialogue, of vnlawfull assemblies, riots &c.

The first Diuision. 1. THe descriptiō of publike force by the ciuill law. 2. That in the matter of publike force the comon law agreeth with the ciuil. 3. A differēce by the Comō law betwixt publike force & o∣pen force. 4. The punishmēt of publike force by the ciuill law. 5. That by the comon law the coūcellors & cōmittors of force are a like punished. 6. What an vnlawful assēbly is by the Comon law. 7. what a rout is. 8. what a riot is. 9. The punishm̄t of the aforesaid offences by the Canon lavv.

The 2. Diuision. 1. The punishment of the Iustice not punishing such offences by the Ciuill law, 2. That the Iust. of Peace by the Comon law are punished for remissnes of punishing others for the aforsaid faults.

The Diuisions and principall contents of the thirtenth Dialogue, of Treason and Rebellion.

The first Diuision. 1. THe reason is shewed by Codicgnost. wherfore treason is apt∣ly tearmed a fault against the dignity of man. 2. The pu∣nishment of treason in ancient times.

The 20. Diuision. 1. The diuers kinds of treason by the ciuil law. 2. The diuers kinds of treasō by coyning of mony in the Ciuill law, 3. The punishm̄ts of traytors by the Ciuil law, 4. The seueral coyns of forein princes in ancient time. 5. The diuers kinds of treasō by the Common law 6, How far forth this word (Ligeāce) doth extēd by the cōmō law 7. How the Queenes enemies are to be punished by the comō law agreeing with the Law of God. 8. How enemies are punished by

the canon lavv. 9. Hovv breaking of prisō is taken in the Comon law, 10. Hovv treasō is cōmitted by coyning of mony according to the censure of the Common law. 11. The seuerall punishments of treasons by the Common lavv.

The Diuisions and principall contents of the fourtenth Dialogue, of Homicide, that is murder, manslaughter, &c.

The 16. Diuision. 1. THe seueral kinds of Homicide by the ciuil law, & first mur∣der is described. 2. Māslaughter se defendendo by the Ciuill law. 3. the descriptiō of selfe slaughter by the ciuil law. 4. a diuersity of killing a mās self by the ciuil law. 5. the punishm̄t of self slaugh∣ter by the Ciuill law. 6. homicide by casualty is described, 7. Angl. taketh exceptiō to the diuisiō of homicide by the Ciuill law, 8. an other diuisiō of homicide by the ciuil lavv, the differēce of killing mē volūtarily & inuolūtarily, is shevved to be anciēt. 9. the difini∣tiō of murder by the Comon law, 10. malice wherof murder com∣meth is shewed to be two fold, & diuers cases are put therupon. 11 the punishm̄t of murder by the Common law. 12. ••he descriptiō of māslaughter by the Common law. 13. the punishm̄t of māslaugh∣ter by the comon law. 14. Māslaughter se defendēdo by the comon law. 15. the punishm̄t of māslaughter se defendēdo. 16. homicide by misaduēture. 17. the punishm̄t of it. 18. homicide of a mās selfe, & the punishment of it.

The 2. Diuision. 1. Homicide is shewed to be twofold in the ciuill lavv, Consilij and Operis. 2. By the comon lavv the counsellor & assister in mur∣der are accompted principall offendors.

The 3. Diuision. 1. Homicide by witchcraft is described. 2. the punishm̄t of witches & magiciās by the ciuil law. 3. they that haue asked coūsel of wit∣ches haue bin in ancient time punished. 4. An obiectiō is made of exorcisme vsed in the Church. 5. Answer is made to the obiection according to the opinion of Bodinus. 6. the great & strange power of witchcraft. 7. Lucan is comended for his ample disclosing of the detestable secrets of sorcery. 8. the lavvs of the 12 Tables do con∣dēne vvitchcraft. 9. Seneca his opiniō of charmes & inchantments is disliked, 10. S. Augustine cōfuteth the opiniō of Seneca. 11. It is likevvise disproued by Pausania. 12. Witches are proued to bee

apostats, & in what maner they become apostates. 13. It is proued that the bodies of witches do work with their minds in lewde en∣terprises. 14. Alciat his opinion touchind the meeting of witches amongst themselues, & the meeting of the diuel is vrged. 15. Alciat his said opinion is confuted by the authority of Bodinus. 16. A dou∣ble reason is alleaged, wherfore the diuel worketh not for witches after they be imprisoned. 17. That necromancie & magike was v∣sed in ancient time. 18. A discourse of the aparition in the likeness of Samuel. 19. The punishment of necromancers & coniurers by the ciuil law. 20. The punishment of necromancers & witches by statute. 21. The punishment of coniurers by the Canon lavv.

The 4. Diuision. 1. Homicide committed by the Canon law by procuring the vntimely birth of a child, if death do ensue. 2. The ciuil law puni∣sheth such offence whether the child haue receiued life or no. 3: That though in Bractons time the Comon law did agree with the ciuill & canon laws in the punishment of abortiuements, yet now there is no such punishment by the Comon law.

The Diuisions and principall contents of the fiftenth Dialogue, of Theft, &c.

The first Diuision. 1. THe diuision of theft by the Ciuil law. 2. wherfore the word fraudulent is vsed in the definition of theft. 3. How pettie the euery is punished by the ciuil law. 4. how the stealing of things of greater value is punished by the ciuill law. 5. what is felony by the canon lavv, and what pettie larceny.

The 2. Diuision. 1. Receiuors & theefes haue the like punishment by the Ciuill lavv, but yet with many diuersities & limitations. 2. how the recei∣uors of heretikes & other offēdors are punished by the canon law

The 3. Diuision. 1. The description of robbery by the ciuil law. 4. the punishm̄t of robbery by the said law. 3. The punishment of robbery by the canon law. 4. the descriptiō of robbery according to the comō law

The 4. Diuision. 1. What kind of housebreach is capitall in the Ciuil law. 2. the definition of burglary by the common law.

FINIS.