preface a god native land flute see the light touch I give in my preface to I  eight work S out of consent of history have with the judicious reader find it  consonant to judicial record wrought so good effect I will add somewhat  thereunto which I be persuade will add to their satisfaction and solace  therein who do reverence and love as all man ought the national law of their  native country I have a very ancient and learned treatise of the law and usage  of this kingdom whereby this realm be govern about year pass of the title and  subject of which book the author shall tell you himeselfe in these word in  Proemio the book call the mirror of justice cap I a which summary I have  entitle the mirror of justice accord to the virtue and substance embellies  which I have observe and which have be use by holy custom since the time of  king Arthur c and soon after the law whereof this summary be make be of  ancient usage warrant by holy scripture and because it be general give to all  it be therefore call common the law warrant by holy scripture and for that  there be no other law but this this alone of antiquity be by general council  or parliament permit to be use by holy usage c in this book in effect appear  the whole frame of the ancient commonlaws of this realm as by these few  particular shall appear as the diversity and distinction of the court of  justice which be workshop law why they be call the commonlaws counsel general  or parliament and first of the high court of parliament which court be  mentionedbefore by the name of Council general or parliament and cap a king  Alfred ordain for a usage perpetual that twice in the year or often if needs  be they shall assemble themselves at London to treat in parliament of the  government of the people of God the high court of parliament cro arg how they  shall keep themselves from sin shall live in quiet and shall receive right by  certain law and holy judgement c the court of chancery it be ordain that every  one upon complaint shall have out of the king chancery a Writ remedial without  any difficulty c cap a the court of chancery a in the time of king Alfred  there be no Writ of grace but all writ be remedial grantable as of duty by  virtue of a oath c cap of jurisdiction the king bench the king bench chief  justice hold plea of the king and soon after to the office of the chief  justice belong to redress and punish by Writ the wrongful judgement wrong and  error of other justice and to cause to come before the king the party and the  record with the original Writ and before these justice be all writ pleadable  returnable and determinable where it be mention before the king himself c it  belong also to their office to hear and determine all plaint of personal wrong  do within twelve mile of the king and to deliver the gaol of prisoner  deliverable and to determine all that be determinable by justice in Eyre and  more or less accord to the nature of their Commission cap a to the same place  the court of common plea the court of common plea to the justice of the bench  power be give to take fine to hear and determine grand assize common plea c  the court of exchequer moreover the baron of the exchequer have jurisdiction  over the king receiver and bailiff and of the alienation of the fief or fee  and right belong to the king to the same place c a to the same place the court  of exchequer and to the right of his crown c justice itinerantes or justice in  eire the king do right to all man by their justice commissioner itinerant  assign to have Conusans of all plea cap a the office of justice in eire in aid  of such eires the sheriff turn and view of Frankpledges be necessary and all  those who the good man of such inquest do indite of a capital offence the king  be wont to destroy without any answer which usage be yet in practice in  Germany but by warrant of pity and mercy because the frailty of man can  refrain from sin unless God of his grace give he abstinence it be accord that  no appellee or Inditee shall be destroy without answer cap a the sheriff turn  the sheriff turn whereof mention be make before the sheriff of ancient  ordinance do hold general assembly twice a year in every hundred whither all  the freeholder within the hundred be bind to come by the service of their fief  or fee that be to say once after Michaelmas and another time after easter and  because the sheriff for the do hereof make their turn or course through the  hundred such assembly be call the sheriff turn where it belong to the sheriff  to inquire of all offence personal and of all the circumstance of offence do  in those hundred and of wrong do by the king and queen minister and of wrong  do to the king and to the commonalty accord to the article aforesaid in the  division of offence cap a de view de frankpledge leet on court of view de  frankpledge concern these assembly first it be thus ordain that every  hundreder shall assemble once a year and not only freeholder but all of the  hundred as well stranger as denizen from twelve year upward except archbishop  bishop abbot prior and all religious people and clerk earl baron and knight  marry woman person dumb and deaf disease bastard and leper and those that be  Deciners elsewhere to inquire of the point aforesaid and of the article follow  and that not by bondman or woman but by the oath of twelve freeman at the  least for a bondman can indite a freeman nor no other that be not receivable  to do suit in the same court and because it be ancient ordain that none shall  abide in the realm if he be not in some decine or tithing and undertake for by  freeman the hundred be once a year to view the Frankpledges and the surety and  therefore be such view call view of Frankpledges cap a the county court the  county court the sheriff hold a court from month to month or from five week to  five week accord to the greatness and largeness of the country and these court  be call county where the judgement be give by the suitor if there be no Writ  and this warrant by ordinary jurisdiction cap a court baron and hundred court  court baron and hundred court the other mean court arethe court of every lord  of the fee c court de Pipowders and that from day to day speedy justice be do  to stranger in fair and market as of Pipowders accord to the law of merchant  court of Pipowders cap a a of mean court court de admiralty the king have  sovereign jurisdiction upon the sea court of the forest the king minister of  his forest have power by authority of their office cap a court of admiralty to  swear man without the king Writ for the safeguard of the peace and for the  king right and the common good c he also treat of the professor of the law as  of the counter that be of the sergeant and other pleader cap a court of the  forest there be many that can prosecute nor defend their own cause in  judgement and many which may not and therefore be counter necessary cap a of  counter that that which the plaintiff and actor may not or can do by  themselves they may do by their sergeant proctor or friend counter be sergeant  skilful in the law of the realm which serve the common people to prosecute and  defend their action in judgement when needs be for their fee and also of  atorneys where among other thing it be say none may be a attorney which may  not be a countor c cap a of the minister of justice as viscount coroner  escheator bailiff of hundred c also by the ancient king Coronerswere or dained  inevery county and sheriff to keep the peace when the earl be absent from  their charge and bailiff in lieu of hundred c can to the same place a  to the same place of the prerogative of the king as of deodand alienation to  alien Treasure find wreck waif estray chattel of felon and fugitive county  honour hundred soak gaol forest chief city chief port of the sea great manner  these hold the first king as their right and of the residue of the land do  feoff the earl baron knight sergeant and other to hold of the king by service  provide and ordain for defence of the realm it be ordain that the knight fee  shall come to the old by Succession of heritage and that socage fee shall be  partable between the male child and that the liege lord shall have the  marriage he treat in the first chapter of crime and their division of the  crime of majesty of Fausonnery of treason of burn of homicide of felony of  burglary of rape c in the second of action of judge of actor c in the three of  exception dilatory and peremptory that be plea to the Writ and in bar c of  trial by jury and by battle of attaint of challenge of fine c in the four of  judgement and therein of jurisdiction ofProces in criminal cause and in action  real personal and mix so as in this mirror you may perfect and true discern  the whole body of the commonlaws of England in mr Plowdens commentary fol a in  Fogasses case Bradshaw attorney general cite this book by the name of mirror  of justice Le quel say he to be fait devant Le Conquest the meaning of  Bradshaw be not that the book be make before the Conquest but that the text of  law which he tighten out of that book be the law of this realm before the  Conquest but here though summa sequar the top of a gable a thing yet I will  stay my foot and fix my staff a while for this grave and learned author will  show we in this mirror the great antiquity of the say court of the commonlaw  and particular of the high court of parliament ever since the time of king  Arthur who reign about the year of our lord not that this court and the rest  be institute then but that the reach of his treatise extend no high than to  write of the law and usage of this realm continue since the reign of that king  he cite as you have hear a statute of king Alfred as well concern the hold of  this court of parliament twice every year at the city of London as to manifest  the threefold end of this great and honourable assembly of estate that the  subject may be keep from offend that be that offence may be prevent both by  good and provident law and by the due execution thereof that man may live safe  in quiet and that all man may receive justice by certain law and holy  judgement that be to the end that justice may be the better administer that  question and defect in law may be by this high court of parliament explain  reduce to certainty and adjudge this court be the most supreme court of this  realm be a part of the frame of the commonlaws and in some case do proceed  legallyaccording to the ordinary course of the commonlaw as it appear in  Edward f to be short of this court it be true say si old age to look on be  ancient si rank be honoratissima si jurisdiction be containing much and where  question have be make whether this court of parliament continue during the  heptarchy let the record themselves make answer king Ina begin his parliament  thus as have be ancient translate into Latin which translation I have ego Ina  God agreeableness west Saxonum king exhortation education Cenredes father  urinate head Episcopi urinate Erkenwaldes Episcopi urinate all Aldremannorum  an umbelliferous plant older man wise  man royal power urinate multaq  congregation slavish God thoroughly moved de saluteanimarum our position  royal power urinate to put rectum conjugium justice judge pro stabilitate  confirmation poplar tree urinate kind assiduity to frequent et nullo  Aldremanno well some de toto control our men  senator liceat to destroy judge  the like parliament be hold by offa king of the mercian and by Etherbert king  of ken and the rest of the seven king after the heptarchy take some few  precedent for many king Edward son of the aforenamed king Alfred before the  Conquest the first hold a parliament at Exeter and call thither all his  wiseman Edward king to bring to mind all wise  man swine who to be Exoniae ut  to track simul to seek quomodo pax the dawn melior be to be able how ante  to be c and it shall evident appear hereafter that this convent wise  man  include the lord and Commons of the parliament king Ethelstaen at Grateleiane  where all the nobleman and wiseman of the realm be gather together here be  convent all that is known wise  man in the reign of the same king other of his  act of parliament be style and ancient translate thus haec are Judiciae  Exoniae who wise  man council ethelstani king to put in place iterum at  Fresresham third vice at where haec difinita simul to make firm are king Edgar  surname pacification at several place enact many law by the counsel of his  wiseman here be a council wise  man who act of parliament be ancient translate  into Latin be intuled thus haec are custom who edgarus king council wise  man  of oneself to put in place c king Etheldred at Woodstock and there law ordain  by he and his wiseman Hoc be a council quoth ethelderedus king all wise  man  Himself condixeru and correction peace all men  poplar tree at Woodstock and  another parliament by he and his wiseman both spiritual and lie here be  a council Of laicor and style another thus haec are word peace prolocutionis  who ethelderedus king all wise  man he come army to make firm who come Anulano  Justinio Guemundo Stigrani son go for sale and hold another parliament at  habam haec instituerut ethelderedus king wise  man he at habam king Edmund at  London where he summon both the spiritualty and temporalty and call they by  one general name of wiseman here be convent wise  man Of of a time but it be  best to hear the ancient translator himself Edmundus king  to collect in a flock great Synodum divine row world at Londoniae community in  saint Paschae solenni c and another of his parliament begin thus have are  institution quas Edmundus king Episcopi Himself come wise  man n'est  to put in place at Culincona c and soon after ego Edmundus king to put in hand  to take beforehand omni poplar tree older man younger man who in region of me  are who to track investigate come wise  man clergyman laicize king Canute at  Winchester by the king and the reverend Council of his wiseman there be  to reverence concilium wise  man for so be that parliament be of ancient time  translate into Latin call but hear the Title itself haec are to cause to stand  gray king the Angli the Danes Norvegarum to reverence wise  man he council and  praise glory God Himself regalitatem common just condition in saint  time of birth domini at wintoniam c all which and many more be extant and  public know but I will add that which I read in the legier book of the late  monastery of saint Edmonds bury now in my hand of a ancient handwriting  wherein be cite a parliament hold in the five year of this king Canute reign  but I will keep silence and let the book it self speak king Canute year   royal power Himself quint videlicet per centum thirty aged ante burglary  to decide who year  domini fuer rob annoseptimoPontificatusPapae eugenii third  ante burglary another acc. plur. quorumcunq all  royal power Himself  to bear before Proceresq ac magnate and suum to call together parliament in  his public parliament to abide of in to the same place Wulstano Adelnodo  archbishop Ailwino bishop Elmhamense other bishop Self suffraganeis seven  leader come as many comrade nor to visit a monastery some  abbot come  quamplurimis of the herd soldier ac come poplar tree multitudine  furnished abundantly ac omnibus thus far in to the same place parliament of  to step out vow palace unanimously to agree teaching decretum to be quoth  monastery consecrated edmundi c sit ab omni jurisdiction an overseer comitatus  that extunc imperpetuum utterly exception book removal c Illustrious king  hardicanutus prediction king gray thread haeres successor ac Himself father  the bottom of the foot to vow imitator c come laud favor Aegelnod  Dorobornensis nunc cantuariensis Alfrici Eborac an overseer aliorumq  an overseer suffragan nor cunctoruns royal power Himself  a citizen of the world Princeps  descriptum to put roboravitq teaching which  immunity I know that the say monastery hold until the dissolution thereof in  the saint year of the reign of king Henry the eight but let we proceed and yet  omit many and touch only that which have be controvert it be say that silent  law inter arms  and that during all the time of the conqueror no parliament be  lawful assemble c for silent law inter arms  and during all his reign either  the sword be not put up into the scabbard or if it be the hand be always upon  the hilt ready to draw it again but that a parliament be assemble and hold  accord to the commonlaws of England in William the conqueror time it isevident  for that a Act establish at a parliament hold in the reign of wonder the  conqueror be plead and adjudge to be firm and good and accord put in execution  by the judge of the realm which they neither will nor can have do if it have  be command by the powerful will of the conqueror and not establish by a  parliament due assemble accord to the from and frame of the commonlaw and  therefore as well for manifestation hereof as for proof of that which have be  say you shall read in the book case of e f a b that the king sue a Writ of  attachment upon a prohibition against the bishop of Norwich for that where the  abbey of saint Edmonds bury in the county of Suffolk be find by the progenitor  of the king and exempt from all jurisdiction of the ordinary and that no  ordinary shall visit there and that none shall go against the say ordinance  and the foundation aforesaid that upon controversy between Arfastus late  bishop of Norwich and b late abbot of bury of the exemption aforesaid in the  time of William the conqueror at his parliament on a certuin day hold it be  ordain by the king the archbishop of Canterbury and all the other bishop of  the land the earl baron c that at what time the bishop of Norwich or any of  his successor shall go against the point of the foundation and exemption  aforesaid that the bishop for the time be shall pay to the king or to his heir  thirty talon of gold and declare further how the king send a prohibition to  the bishop that he shall not enter into the say franchise nor attempt any  thing against the privilege of the say church of saint Edmund and that  notwithstanding the say prohibition the then Bishopof Norwich hadvisited the  abbey aforesaid and have summon the abbot to show the charter of their  foundation wrongful and in despite of our sovereign lord the king whereunto  the then bishop plead not guilty and he be find guilty by the verdict of the  inquest whereupon it be adjudge that the temperality of the bishop shall be  seize into the king hand but it be advice and resolve by all the judge that in  right of the talon they can not give judgement for two cause for that the  prohibition be the original suit and that be determine by the judgement in the  prohibition that the temperality of the bishop shall be seize into the king  hand which then be the proper judgement in the suit concern the talon they be  a penalty ordain by parliament in that case so that the penalty have no  dependency upon the prohibition which be the original suit but it be advice  and resolve by the judge that the bishop of Norwich have forfeit the say  penalty of the talon to the king and that they ought to grant a to know facias  to the then bishop for that purpose which be grant accord upon which Writ the  bishop appear and plead and thereupon judgement be give that the king shall  recover the say talon as by the say book case judicial adjudge appear which  case if the opponent have see or know they will have therewith rest satisfy  and this notable judgement give credit to that ancient treatise entitle thus a  modus to hold parliament hic to copy off modus quomodo parliament king England  Anglicorum of oneself to hold tempore king Edward son king ethelderedi who  indeed  modus to be per discretiores royal power in person Williel duce  Normaniae Conquestore king England Self Conquestore hoc subst. per Self  approve n'est time successor of oneself king England usual wherein the  assembly of the king the lord and Commons accord to the manner continue to  this day be set down which I have in a fair and very ancient write hand  whereby it be manifest that convent that is known wise  man c include both the  lord and the Commons of the parliament it be evident that there be tenant in  ancient demesne before the Conquest and for a certainty therein and to know of  what manor such tenant do hold it appear by the book of Domesday that all the  tenant that do hold any of those manor that be in the hand of king Edward the  son of king Etheldred or of king wonder the conqueror be tenant in ancient  demesne and these tenant then have and yet have these privilege among other  for that they be bind by their tenure to blow and husband c the king demesne  before and in the conqueror time therefore they be not to be return burgess to  serve in parliament to the end they may intend the king husbandry the better  they be not to be contributory to the fee of the knight of shire that serve in  parliament which privilege though the cause cease continue to this day  therefore there be parliament unto which the knight and burgess be summon both  before and in the reign of the conqueror for your satisfaction herein see f n  b e Edward b.2.3.a Edward Hen c also the ancient town call borough be the most  ancient town within England for those town which now be city and county in  ancient time be burgh and call burgh for out of those ancient town call burgh  come the burgess to the parliament which be the very word of Littleton lib c  vide ass p Henry Edward c so as it appear that the ancient burgh be the most  ancient town of England and consequent long time before the Conquest and I  have find many of they since the Conquest incorporate into city and  distinguish into county since the Conquest but have be ancient burgh from  whence come the burgess to the parliament time out of mind before the Conquest  nay diverse of the most ancient burgh that yet send burgess to the parliament  flourish before the Conquest and have be of little or no account to have any  such privilege new grant to they at any time since and I can yet never find  when any of they or any other the ancient burgh be of ancient time since the  Conquest endow with that privilege king Henry the first year  domini come  of oneself council to decide ut monetagium common quoth to take in hand per  community well comitatus quoth non fuer tempore eduvardi king hoc ne  henceforth  of facio item quoth Ecclesius non to sell nec and foreman dart  corpse bishop well abbate and this king assemble another parliament on  Candlemas day at London year  domini king Henry the second in the year of our  lord God as testify Matthew parish to call together clerum royal power  poplar tree come omni nobilitate and spring a clergyman king John hold a  parliament in the six year of his reign as it appear by his writ of the  chancery in these word king viscount c to know quoth general consensus be come  assent Archiepiscorum comrade baron all trusty our England quoth nine soldier  per all England invenient for the tenth time soldier be a preparation horse  arms  and a defending royal power our men  c but to proceed any further be but  to gild gold or to add a little drop to the great ocean concern the name of  the parliament two thing fall into consideration what the word signify when  this supreme court be Christian by the name of parliament touch the first it  be so call for two cause because that every member of that high court have  judicial place and for that every man there shall without any spirit either of  contradiction or smooth parlour la mean speak judicial his mind it be call  parliament the law there make be call act of parliament because they be to be  expound be part of the law of the realm by the judge of the law accord to the  mind and true meaning of the speaker that be the maker of these act as will be  to be expound secundum chin testator and Arbitramentum secundum chin  Arbitatoris as to the d the Saxon call this court micel gemott the great  assembly wittenagemott the assembly of wise man the Latin author of those time  calledit common concilium great senate general  convent c and let it be grant  that wonder the conqueror change the name of this court and first call it by  the name of a parliament yet manifest it be by that which have be say that he  change not the frame or jurisdiction of this court in any point and the very  name in substance that be attribute to this court before the Conquest be  continue after the Conquest to this day for in the mirror of justice as appear  before it be call concilium generale Fleta lib.2.c to have now too king senate  to sew in council Suo in parliament Suis present circumstance to bear before  comrade baron Procerib other man to pass away r avowry and in many other book  it be call king concilium in the original king f it be call magnum concilium  in back clause e m Henry de war monte Baro de great separately council king  and rot parliament a e part prima m it be call magnum concilium Bracton lib c  term it great senate year  e de Templariis super quo to call together mayor de  council domini king tam justice how laicize mask in parliament concordatum be  in parliament c and in many statute in the reign of Henry the three Edward the  first and succeed king it be call common concilium and common concilium king  and common concilium royal power and so run the Writ of be and many other  original and judicial writ but if any be desirous to see more of this king let  he look into the eight part of my report in the prince case so as I conclude  that the nature and name of the court in use before the Conquest continue to  this day and where some do suppose that in the parliament hold at Westminster  in the three year of the reign of king Edward the first call Westminster the  this word parliament first creep in where it be call the first general  parliament by the assent of the archbishop bishop abbot prior earl baron and  all the commonalty of the land summon to the same c it be manifest that the  name be long before that time as well by that which have already be say as for  that in the that year of Edward son and immediate successor to king Edward at  a parliament then hold it be say thus to know quoth jam little while ago time  ancestor our quondam king England in to visit parliament n'est c which can not  have true be say if the name have first begin in the reign of his father this  be not that court that in France bear the name of parliament for they be but  ordinary court of justice which if you believe Paulus Jovins be by we first  settle there but this be that which both England and Scotland agree in name of  it a parliament which the French do term assembly of estate or less estate and  the germane a diet Fleta where above a say of this court Ubi to set bounds are  doubt concerning perf. of nosco in an unjust manner rise up out of the water  new constituuntar to heal unisuique justicia prout to deserve to give back  ibidem in master Plowdens commentary Le parliament be court de tresgrand  honour justice de and nul doit imaginit choose dishonourable I will pretermit  fortescue sometime chief justice of England in his treatise de praise law  England and many other and will conclude this point with he that be the chief  antiquary of his time because he conclude the sum of all apt distinct and  eloquenly solemnize b quoth and England Tribunalia a court five law fora  detained in threefold are at our difference other for are Church rites  other  of a time One mixtum quoth maximum long of large extent non ita aged nomin e  Gallia mutually parliament to say mayor our men  Anglo Saxon Wittena gemott I  prudentum convent Geredniss I concilium micel synod a Greek diction  fish of seabream family I magnus convent latini he to follow after time writer  common concilium senate to feed generale placitum senate great great man  convent present time king one that prefers high collector common all  royal power concilium c to call where whole world Aetoliae concilium  Panetolium the celebrated historian nomina ita Pananglium recte form  to be able ex king for allotment of land nobles  mayor knight  citizen  dainties  sive ut significantly form stylo of the market ex king owner Of  of a time and ex partnership constat who whole world England corpus  to make present position autem time non to have say a king pro arbitration  to declare publicly how often de rebus steep place roll up ne quid defeat  respublica to take in hand to reflect ejusdemq soliusarbitriodissolvitur top  autem sacrosanct origination to have in law to bear candidate for confirmation  antiquand to explain proscribed person in integrum to set up again lawsuit  inter private citizen hard decidend ut semel form in omnibus who and republic  health well now too private citizen quemcunq to look on to be able in this  ancient mirror you may also clear discern as far as the reign of the often nam  king Arthur the great antiquity of the officer and minister of the commonlaw  and of their inferior court as for example of the office of the keeper or  senator of the shire or county custodes seu overseer comitatus of late time  call Shireves who say this author fueront ordain per veiels roy quant less  counter demisterent of guard and of his Tourns and county court which officer  and division of shire continue as you may read among the law of those seven  king though with much encroachment during the heptarchy as take one or two  example for many among the law of king Ina it be provide in these word Gif  huva hun right bid beforan scirman oath the othrun run down the ancient  translation thus si quis rectum Himself roget in person to some place  Scirman  I to place in front comitatus well elsewhere judge to have non to be able  to call to account vadium recti dare  not to free from faults S infra seven  night  to make ei recti worthy and in another place Gif he Eldorman high  tholige his to know who thief to take in hand well taking  To give back well  Self to send different ways well theft to hide from  To give back Self thief  secundum weram to sew si Eorldermannus I praepositus comitatus sit  to make away with county  suum nisi king to act sparingly  lightarmed footsoldier ei if the Shireve do it he shall lose the custody of  his shire or county and afterward si quis to go apart a lord his without  freedom well in other county  see to rage deincep to come upon Of persons  there where before to be to free from faults lord his lx S c and albeit the  Saxon give this officer the vulgar name use to this day yet it be manifest  that the office be of ancient time before they set any foot in England this  word Shireve be derive of two Saxon word videlicet of Pyrrhus that be the  shire or county and reve that be custos or praepositus comitatus the keeper or  garden of the shire and sometime as you see they be call Shire-man or elderman  of the shire and to this day his patent be  To bring together thou custodiam  comitatus so I agree well with they which affirm that king Alfred divide  England into shire or county in that he make the most certain division of they  for where during the time of the heptarchy there be many encroachment one upon  another and many ancient bind obscure all that he reform by his exact  partition but they must also agree with I that long before the birth of king  Alfred this kingdom have be divide into shire or county but hereof at this  time this little shall suffice I have in my custody a ancient record entitle  Kanc de plea at Pinendenam inter Lanfrancum an archbishop Cant Odonem  Baiocensem bishop tempore great king William who England kingdom arms   to seek for the effect whereof be that lanfrank Archbishopof Canterbury bring  a Writ of right patent against the say Odo of the manor of Raculfe Sandwic  Rateburg Widetun saltwode come Burgo Heth and saltwode pertinent Langport  Huoenden roking Broche Detling Prestitune Sunderhurst Earheth Orpintune  Einsford c One come freedom pertinentiis de soca saca toll team Flymena  Firmith Grithbreach Storsteale Haunfare Infangentheof come omnibus other  custom pair this well those inferior in rank this in terris in water in a wood  in way in meadow in omnibus other rebus infra community extra in omnibus other  region which Writ be remove into the county court by a Writ call a tolt and  the record say quoth to take beforehand king county  totum without custom  to sit down all Francigenas especially the Angli in antiquity law custom  to pass away in One to come together who come to come together at Pinendenam  equally to sit down c huic plea to be between Ernestus bishop de Rovec  Agelricus bishop de Cicestr man ancient law terrae to taste of who ex teaching  king transportation to be and Self antiquity law custom to strike asunder  edocend in One quadriga Richard de Tunebreg Hugo de Monteforti William de acre  haymo sheriff some  many men  c baron king Self archbishop and that  an overseer man many men  c come toto thither county  many men  great  authority man c et ab omnibus strike against Probus wise  man man who to be at  to be ita diraciocinatum now too a toto county  recollection and judicatum  quoth as ipse king tenet urge land book quiet in his of ita archbishop to hold  of oneself land prediction entirely book quiet in of c and let not this  ancient judgement in a Writ of right seem strange for since that time and to  this day the judgement for the tenant in a Writ of right be quoth to hold  earth that c quiet or in pace c and under this record it be thus testify what   plea many men  witness a money penalty account determinatum that which divides  after king to hear to praise to praise come general consensus all Princeps   boundary stone of oneself to make firm ut unspoiled to abide really  to take beforehand and the cause of this controversy be there also express in  these word tempore great king William who England kingdom arms  to seek for  subjugavi to touch Odonem Bajocensem bishop the same king brother much quickly  how Lanfrancum an archbishop in England venire atquein county  de chent come  great force to sit back in that place power non short time to drive ac because  strike against a day in county  there any non to be who of such size strength  man to stand back posset near great how to have power land many things de  Archiepiscopatu Cantuar custom some  Himself you might have taken and  to seize for use of oneself mastery postea yes non much tempore to touch  a saying beforehand Lanfrancum Cadomensis church abbot order king in England  likewise venire and in bishopric Cantuar a god to place here and there all  England supremacy sublimatum be where dumb for some time to sit back antiquity  church of oneself land many men  Himself to be away to come upon of oneself  heedlessness he that goes before that to divide and a money to be reperisset  carefully not searched be  understand  in point of fact king how quickly  to be able non unwilling ind to seek ut justicia secundum law Himself   of facio c and thus much by way of addition to my former preface shall  suffice I have in this nine work report certain case which have be adjudge and  resolve together with the reason and cause thereof to the end the learned that  know the law may be confirm such as know it not may be instruct the possession  and interest of all in general accord to right strengthen and quiet love and  charity between man and man continue unnecessary suit the cause of contention  and expense prevent and the reign of our dread sovereign for his zeal of  justice renown and honour and it be very observable out of what root the doubt  and question herein adjudge and resolve do grow the most difficult whereof do  spring out of these two root either out of statute enact in that supreme court  of parliament whereof I have speak or out of suppose variety of opinion and  rule in our book out of act of parliament principal in two sort either when a  ancient Pillar of the commonlaw be take out of it or when new remedy be add to  it by the first arise danger and difficulty and by the second the commonlaw  right understand be not better but in many cause so fetter that it be thereby  very much weaken take one example for both in eduvardi sir will Herle chief  justice of the court of common plea say that the statute de gift conditional  be make in the reign of king Edward the first who say he be the most sage king  that ever be and the Cause of the statute be to salve the heritage in the  blood of they to who the gift be make and yet that statute shake a main Pillar  of the law that make all estate of inheritance feesimple no wisdom can foresee  such and so many mischief as upon those fetter inheritance follow but hereof  have I give a touch in the preface to my three and four work and therefore  desire that this kind of innovation may be leave I will for this time leave it  concern the suppose variety of opinion and rule in our book I trust in many  case herein the studious reader shall observe as in my former work he have do  that the law true distinguish for where law non to separate nec our  to separate to withhold they be in these case well and just accord and I  affirm it constant that the law be not incertain in P. of abstraho. but in  coagulation and that the incertainty thereof be man fault and not declaration  and to speak plain there be two cause of the uncertainty thereof in  coagulation videlicet to reverse reading  and to hasten greatly praxis  preposterous read and oversoon practice a substantial and a Compendious report  of a case right adjudge do produce three notable effect it open the  understanding of the reader and hearer it break through difficulty and dly it  bring home to the hand of the studious variety of pleasure and profit I say it  do set open the window of the law to let in that gladsome light whereby the  right reason of the rule the beauty of the law may be clear discern it break  the thick and hard shell whereby with pleasure and ease the sweetness of the  kernel may be sensible taste and adorn with variety of fruit bothpleasant and  profitable the storehouse of those by who they be never plant nor war  whereunto in those case that be full of crooks and of great difficulty adjudge  upon demurrer or resolve in open court no one man alone with all his true and  uttermost labour nor all the actor in themselves bythemselves out of a court  of justice nor in court without solemn argument where I be persuade almighty  God open and enlarge the understanding of the desirous of justice and right  can ever have attain unto for it be one among other of the great honour of the  commonlaws that case of great difficulty be never adjudge or resolve in  darkness  or sub silence to sink account but in open court and there upon  solemn and elaborate argument first at the bar by the counsel learned of  either party and if the case depend in the court of common plea then by  sergeant at law only and after at the bench by the judge where they argue the  puisne judge beginning and so ascend seriatim upon certain day open and  purposely prefix declare at large the authority reason and cause of their  judgement and resolution in every such particular case to have for not to know  qd energy viva vox a reverend and honourable proceed in law a grateful  satisfaction to the party and great instruction and direction to the attentive  and studious hearer in this as in the rest of my work my chief care and labour  have be for the advancement of truth that the matter may be just and  faithfullyrelated and for avoid of obscurity and novelty that it may be in a  legal and method and in the lawyer dialect plain deliver that herein no  authority cite may be wit omit or cold apply no reason or argument make on  either side Willing impair no man reputation direct or indirect impeach no  author or authority cite unreverent disgrace and that such only as in I  opinion shall hereafter be lead case for the public quiet may be imprint and  publish almighty God who have of his great goodness enable I hereunto know  that I have not take these labour either for vain glory or upon presumption of  any persuasion of knowledge but true it be that I have be ever desirous to  know much and do acknowledge my self to owe much more to my profession than  all my true and faithful labour can satisfy and as I true confess that I have  no mean for I know my own want to quit that debt so I faithful promise never  to be find unthankful or unwilling to perform what by my uttermost endeavour  shall lie in my power my desire of the learned reader with old Bracton  sometime a famous judge of the court of common plea as I find in record and a  writer of the law be ut si quid balance well wrongly positum in hoc need  to come upon mock to make straight to free from faults well it snows eye  pertransea come all to have in memory no one to miss prophet sit rather how  human affairs  vale