A briefe declaration for vvhat manner of speciall nusance concerning private dwelling houses, a man may have his remedy by assise, or other action as the case requires: Vnfolded in the arguments, and opinions of foure famous sages of the common law; together with the power, and extent of customes in cities, townes, and corporations, concerning the same: together with the determination of the law, concerning the commodity, and use of houses, and their appurtenances. Whereunto is added, the iustices of assise their opinion, concerning statute law for parishes, and the power of iustices of peace, church wardens, and constables; and to know what they are to doe concerning bastards borne in their parishes, reliefe of the poore, and providing for poore children, what remedy for the same.

Title: A briefe declaration for vvhat manner of speciall nusance concerning private dwelling houses, a man may have his remedy by assise, or other action as the case requires: Vnfolded in the arguments, and opinions of foure famous sages of the common law; together with the power, and extent of customes in cities, townes, and corporations, concerning the same: together with the determination of the law, concerning the commodity, and use of houses, and their appurtenances. Whereunto is added, the iustices of assise their opinion, concerning statute law for parishes, and the power of iustices of peace, church wardens, and constables; and to know what they are to doe concerning bastards borne in their parishes, reliefe of the poore, and providing for poore children, what remedy for the same.

Collection: Early English Books Online 2

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is rather Malus usus, then any custome: for as I have learned of Mr. Hales, a custome is thus defined, Consuetudo est jus non scriptum nunquam repugnans rationi naturali, and therefore if any custome swerve from reason, and naturall equi∣ty, it is but malus usus; and for that to bee aboli∣shed, for by entendment, and consideration of the law, and reason, every custome had a reaso∣nable beginning, as that case in 35. H. 6. of sel∣ling Iewels in Cheapside may have a reasona∣ble beginning. In like manner the custome of Gavelkinde, that Sonnes shall equally inherit the Lands of their Fathers. Such is the custome, that if a woman marrie without licence, that she shall loose her dowrie.So is it also of the custome that one towne may enter Common with another. All these, and such like may well bee thought to have a reasonable beginning.Otherwise it is, where by intendment their beginning cannot be thought reasonable.As that a man shall pay reliefe, when that hee shall marry his daughter. And as the custome is in Mich. 35. H. 6. fol. 31. of the pledging of goods: So it is of the custome, to arrest a man before the day of payment. In like sort in 2. H. 4. that the tenant shall not put his beasts in∣to the Common, before the Lord hath put in his, which peradventure hee will never doe, so it is 10. H. 6. If the Major of a towne will prescribe to impound all beasts which shall bee 0