The body of the common law of England as it stood in force before it was altered by statute, or acts of Parliament, or state. Together with an exact collection of such statutes, as have altered, or do otherwise concern the same. Whereunto is also annexed certain tables containing a summary of the whole law, for the help and delight of such students as affect method. By Edm. Wingate of Grayes-Inne Esq;

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Title
The body of the common law of England as it stood in force before it was altered by statute, or acts of Parliament, or state. Together with an exact collection of such statutes, as have altered, or do otherwise concern the same. Whereunto is also annexed certain tables containing a summary of the whole law, for the help and delight of such students as affect method. By Edm. Wingate of Grayes-Inne Esq;
Author
Wingate, Edmund, 1596-1656.
Publication
London :: printed for H: Twyford in Vine Court Middle-Temple, and Roger Wingate, at the Golden Hynd in Chancery Lane,
1655.
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Subject terms
Common law -- England -- Early works to 1800.
Law -- England -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A66651.0001.001
Cite this Item
"The body of the common law of England as it stood in force before it was altered by statute, or acts of Parliament, or state. Together with an exact collection of such statutes, as have altered, or do otherwise concern the same. Whereunto is also annexed certain tables containing a summary of the whole law, for the help and delight of such students as affect method. By Edm. Wingate of Grayes-Inne Esq;." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A66651.0001.001. University of Michigan Library Digital Collections. Accessed June 10, 2024.

Pages

CHAP. 2. Of Possessions.

I. OF the Common Law there be two parts, the one concerneth Possessions, the other punishment of offences.

II. A Possession is whatsoever may be enjoyed.

III. The King shall have to his own use all the Possessi∣ons of a Fool naturall, during his Ideocie.

IV. When one hath the Possession of any thing to anothers use, this was accounted nothing, but as a mat∣ter in Conscience and Chancery.

V. Sundry men possessing the same thing by purchase, are Joynt-tenants, or Tenants in common.

VI. Joynt-Tenants, which possesse by the same Title.

VII. And here, the Survivor shall have the whole in the same sort as he had his part, excepting only pre∣sent interests of the thing it selfe granted by him that dieth.

VIII. Tenants in Common are they, which possesse by severall titles:

IX. To possessions this is generall, that they may be granted.

X. Every Grant, made by the King upon surmise or suit of the party, shall be taken most beneficially for the King, and against the party.

XI. No grant of his is good, When it appeareth within the body of the Grant, that the King is deceived.

XII. His grant shall not inure to any other intent then that, which is precisely expressed within the grant.

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XIII. A grant by an Infant under the age of 21. years, one out of his right mind, or compelled therunto, either by dures of Imprisonment, or fear of some bodily hurt threatned, as losse of life and member, or though it be but of Imprisonment, may be avoyded at any time, if they deliver it with their hand.

XIV. But if they deliver it not with their hand, no∣thing at all passeth.

XV. So it is also of a grant made by one, that hath no understanding.

XVI. Yet grants of an Infant, in respect of having necessary things can not be avoyded.

XVII. Other grants of his, where himselfe hath likewise benefit, are only voydable.

XVIII. To this place belongeth Exchange, which is a mutuall grant of equal Interests, each in exchange of other.

XIX. Prescription is as available, as any Grant.

XX. A possession is restrictive or absolute.

XXI A restrictive possession is upon a limitation, or condition▪

XXII. Upon a limitation, which ceaseth upon the doing, or not doing of something.

XXIII. Upon condition, which is only defeasible upon the doing, or not doing of somthing.

XXIV. Absolute which is neither upon limitation or condition.

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