Defensio legis, or, The Whole state of England inquisited and defended for general satisfaction.

SECT. VIII.

Par. 48. The whole Scheme of Law Disquisited and Affirmed.

LET Frumpers shut their Lips, and forbear Carping at Lex Terrae, or the Common Law of England? that hath tenter'd the prime Wits of all Ages, in Polishing and Trimming: that 'tis now a little Decay'd, or at all out of Fashion; needing a new Whamp, or even an underlay, is not Possible: Examine the Law-Books, they'l Endure the severest Test; some sneak'd out in Rude Times to prop up broken Printers; may be flat and sapless: But the licens'd ones, the old Vouchers; Codes gravely learn'd and Philosophical. The meanest may well be Read, by the Wisest; being altogether Weedless.

The Ʋprightness of the Law.

The Common Pleas of Meum

and Tuum, or Commutative Justice; are so Plain and Indifferent, with a Saunce Regard de nulluy, that hardly any Judg∣ment so Hollow, to open his mouth against it.

The Graciousness of the Law.

For those of the Crown; the nicest Concern, there's no Law under Heavens, of a greater Clearness, than the Law of Eng∣land, without the Cruelty of the Tor∣ture, or that which is near as Bad, a te∣dious Languishment; before offenders are call'd, in order to their Deliverance: Therefore Deserving better Language, than some clamorous Aspersers; are pleas'd to Afford it.

For Example.

An Indictment or Verdict, that B. kil∣led C. so Defended, in Preserva∣tion of his own Life; is not suffi∣cient: without Reciting the speci∣al matter. That the Court might adjudge of the Inevitableness of the Necessity: to direct the Iury accordingly.

Par. 49. Law the Pandect of Perfection.

IN fine, without Playing the Panegy∣rick, or Magnifier of Excellency; the Law hath the Qualifications of an Angel; in being on every side, most Civil, Reasonable and Honest.

1. The Civility of the Law.

If the Defendant be summon'd to ap∣pear peremptory at a Day, and mischances interpose as Mayhem, sickness, with other lets, which hinder from appearance at the precise time; if He appear by his Respon∣selis or Attorney, (the Law hating sur∣prise) He shall be Essoin'd or excus'd from the Penalty of the Default, and a longer Day granted Him.

And if an Essoin be once cast, no ne Re∣cipiatur can be enter'd, only Adjourning it, and looking to the Continuances.

2. The Reasonableness of the Law.

One shall be Tenens per legem Angliae, or Tenant by the Curtesie; of a Rent, though

the Wife die, before the day of Payment: And of an Advowson, though she slip away; before the Avoidance. Nay, if the Advowson, become void by Lapse, during the Coverture; and the Wife dies after the sixth months pass; before any Presentment by the Husband: And the ordinary Collares to the Avoidance, yet the Husband shall have the Benefit, of the next Avoidance: as le Tenant par le Curtesie.

Reviver of the Curtesie.

A. marries B. an Heiress, and hath Issue: and afterwards commits Treason or Felony, and be thereof Attainted; but pardon'd: yet the curtesie is lost. If he chance to have any Issue after the Pardon, such is the suavity of the Law to the Co∣verture: the Priviledge is Re∣viv'd.

If the Dowress encroach, and hold more then her Due; or the Commoner by Appendancy or Vicinage, surcharge the Com∣mon; which is but foul sharking in both: Therefore by W. 1. they shall be Admea∣sur'd.

The Writs are Vicountel, the matter Discussible and Determinable by the She∣riff.

3. The Honesty of the Law.

A Nude Promise binds not, and why otherwise; for what loss can the Defendant sustain; when he nei∣ther gave, nor Assum'd any Considerable Return. But if one bid another, Heal such a Wound, or Repair such an High∣way: Admitting both Contracts made, without any Promised Recompence: In such Cases the Law (Abhorring Baseness) shall create a Promise, and imply a Re∣ward; with full Damages: should the Contractor approve Himself so unworthy, in denying satisfaction.

The like if any specialty be executed beyond Sea; to avoid a Fayler of Right, 'tis Triable at Common Law: the Plain∣tiff may suggest, 'twas done at Toledo in Spain, at Todington in the County of G. whether any such Place in that ville, 'tis not material: the Issue will be singly whether the Parties Act and Deed.

In brief, (if one grant the vesture or the Herbage of his Lands; though no Inheri∣tance passes the Grantee may enter and

maintain an Action of Trespass: But if he grant the Profits of such Mannor to J. S. and his H^s. with Livery; the whole Land passes.

Par. 50. The nobleness of the Law.

THus according to the 2 E. 3.14 E. 3. Common Right, the Maintainer of the Crown, the Law: must be Agreed, a deep science and mistical Beauty. For had not the Law, been as secure for the Subject, as safe for the Sovereign: There's no Doubt (as hath been observ'd) but those several Revolutions of Conquerors; with the late fidling Ʋsurpers, that ever had an Aking Tooth at the Law, would assuredly have al∣ter'd it: If not wholly laid it aside, and Introduc'd their own. Which is a satis∣faction very full to any Civil Judgment; of its Gravity and sufficiency: That 'tis truly Excellent, and beyond compare.