preface to the reader since the publish of the five part of my report a good  student of the commonlaws desire to be satisfy in one special point in my  epistle to the second part of my report where I affirm that if the ancient law  of this noble island have not excel all other speak of humane it can not be  but some of the several conqueror and governor thereof that be to say the  Roman Saxon Dane or Norman and especial the Roman who as they just may do  boast of their civil law will as every of they may have alter or change the  same and say he some of another profession be not persuade that the commonlaws  of England be of so great antiquity as there superlative be speak true it be  that the say period be I own opinion but not out of I own head for it be the  judgement of that most reverend and honourable judge sir John fortescue knight  chief justice of England in the reign of king Henry the six who beside his  profound knowledge in the law be also a excellent antiquary in his book  entitle de of civil administration law courtesy to bloom royal power England  a notebook cap say thus the realm of England be first inhabit of the Britain  next after they the Roman have the rule of the land and then again the Britain  possess it after who the Saxon invade it who change the name thereof do for  Britain call it England after they for a certain time the Dane have the  dominion of the realm and then Saxon again but last of all the Norman subdue  it who descent continue in the government of the kingdom at this present and  in all the time of these several nation and of their king this realm be still  rule with the self same custom that it be now govern withal which if they have  not be right good some of these king move either with justice or with reason  or affection will have change they or else altogether abolish they and  especial the Roman who do judge all the rest of the world by their own law  likewise will other of the aforesaid king have do which by the sword only  possess the realm of England may by the like power and authority have  extinguish the law thereof and touch the antiquity of the same neither be the  Roman civil law by so long continuance of ancient time confirm nor yet the law  of the venetians which above all other be report to be of most antiquity  forasmuch as their island in the beginning of the Britain be not then inhabit  as Rome then also unbuilded neither the law of any nation of the world which  worship God be of so old and ancient year whereof the contrary be not to be  say nor think but that the English custom be very good yea of all other the  very best and albeit I have so good a warrant for the say assertion for every  man that write ought to be so careful of set down truth as if the credit of  his whole work consist upon the certainty of every particular period yet be I  right glad to hear of any exception to the end that such as be not persuade  may either be right instruct and the truth confirm or that I may upon true  ground be convert and the error reform I desire that they will propose some  particular as many as they will for generalty never bring any thing to a  conclusion at length for this be remember when I have almost forget it their  great desire be to see some proof that the commonlaw in these four particular  case be before the Conquest as now it be a first that the queen be wife to a  king regnant be a person sole by the commonlaw to sue and be sue to give and  take c sole without the king a second that a man seize of land in feesimple  shall forfeit his land and good by attainder of felony by outlawry and that  thereby his heir shall be disinherit a three that a woman be attaint of petty  treason shall be burn a fourthly whether the ancient law of England do permit  any appeal to Rome in cause spiritual or ecclesiastical I have no soon see  these question but instant I find direct and demonstrative answer to the same  for the first behold a ancient charter make long before the Conquest which  follow in these word our lord jesus Christ reign for ever I Aethelswith queen  of the mercian by God grant with the consent of my alderman will give by grant  to Cuthwolph my most faithful servitor a certain piece of land be part of my  peculiar power that be to say a piece of land of fifteen manse in a place  which be call laking for his obedience and Payable money in this manner that  be to say a thousand five hundred shilling of silver and gold or fifteen  hundred fickle that he may have possess and enjoy at his pleasure as long as  he life and after his end and limit of his day he may leave it to whosoever he  will for everlasting power and perpetual inheritance and this my donation be  covenant in the year of our lord incarnation DCCCLXVIII the first indiction  and we do charge all secular power in the name of God the father the son and  the holy ghost to observe the foresay inviolate these witness subscribe and  consent thereunto who name here recite be under write I Ethelred king of the  west Saxon have consent and subscribe I Burghred king of the mercian have  consent and subscribe I Aethelswitth queen have consent and subscribe c I have  here set down another charter of record make also long before the Conquest de  word in word for a direct answer to the second I Ethelred by God providence  emperor of all Albion do grant to my well belove servitor who nobility of  parentage have give ulfric for name for the faithful service wherewith he have  courteous serve I a certain parcel of land that be to say two manse and a half  in a place where the inhabitant call Aet Dunmalton in perpetual inheritance  that he may well enjoy and prosperous possess the same as long as he be see to  run the race of this life with vital breath and may leave the same to what  successor he please after his departure from this transitory life let the say  land situate in a certain common be free from all worldly impediment with all  which be know to belong to the say place as well in great matter as in small  in field pasture meadow wood expedition building of bridge and castle be  except such as shall diminish and violate this my gift which I wish may be far  from the mind of all faithful let they have their part with they of who it  shall be resound depart from I you curse into everlasting fire which be  prepare for Satan and his angel unless they do make amends by lawful  satisfaction obtain pardon by due penance towards God whereas that which man  memory do overpass the diligent search of write do preserve this be to be  notify to the reader that the say land come to the disposition of my right by  the crime of a certain man unspeakable presumption wherewith bold and  felonious he have not abhor to encumber himself which man his parent nam  Ethelsig albeit he have discredit his name by a foul fault and by I as be  aforesaid the say land be bestow upon my reverend servitor the manner of who  fault we think good to note here in English this be the land forfeit at  Dunmalton that Ethelsig forfeit to king Ethelreds hand it be so then that he  steal Ethelwins swine who be son to Ethelmere ealderman then his man do ride  to he and take the thing steal out of Ethelsigs house but he burst out to the  wood and man outlaw he and man bring to king Ethelred his land and his good  then give he that land to his servant haw for a perpetual inheritance and  Wulfric son to Wulfrun after have it of he in exchange for other land that  please he better and this be with the king leave and with the testimony of his  wise man this donation be make in the year from the incarnation of our lord  DCCCCXCV the eight indiction in the seventeenth year of the say king this  charter be witten with the consent of they who name be here underwritten I  Ethelred king of englishmen have constant consent and ratify this donation  under the sign of the holy cross I Alfrick by God grace elect unto the  archbishopric of Canterbury have establish this gift with the sign of the  cross c touch the three Caesar in his commentary lib p who write before the  incarnation of Christ above year pass affirm that if the wife be suspect of  the death of her husband es si experience be ignite c to put out of the way  that be and if she be find guilty of the death of her husband which be petty  treason the wife be burn to death as she be in that case at this day for the  last by a Act of parliament hold in the ten year of king Henry the second  which be in year  domini it be enact as follow as concern appellation if any  shall arise from the archdeacon they must proceed to the bishop from the  bishop to the archbishop and if the archbishop do fail in do justice it must  last come to the king that by his precept the controversy may be end in the  archbishop court so that there ought not to be any proceed far without assent  of the king and that this among many other may not taste of innovation the  record say this recognition or record be make of a certain part of the custom  and liberty of the predecessor of the king to wit of king Henry his  grandfather and of other king which ought to be observe in the kingdom and  hold of all for the dissension and discord often arise between the clergy and  our lord the king justice and the peer of the realm and all the archbishop  bishop abbot prior clergy with the earl baron and all the noble c have swear  and assure promise in the word of truth with one consent to keep and observe  the say recognition towards the king and his heir in good sooth without evil  meaning for ever but herein I persuade my self that every man that have advice  and with a equal mind read Caudries case publish in my last report will  therewith in this point have be satisfy and I must free acknowledge that I  never expect that any divine will have attempt to have make such a answer to  that case as late have be publish for two cause first for that it be exceed  all bind of truth and charity full of malediction and calumniations nothing  pertinent to the state of the question it become not divine to be of fiery and  salamandrine spirit neither arebitter invective foam out of a hot mouth ever  fret it self upon the BitofD be contentment the seed of hatred and mean of  make Controverversies immortal beseem the lip of any man of that profession  sure I be that neither quicksand have no steadfast ground nor quickset of  bramble or brier be fit either for foundation or for fence or defence especial  for he that usurp the sublime and broad spread name of the catholic divine he  that will make any answer out of conscience and charity to persuade the  adverse party shall repeat his authority his argument his reason and  categorical and Christianly answer the matter and idem without any invective  against the person who his end be or shall be to convert to his opinion young  sophister be wont to rail and by thatmeanskeepthemselves from a nonplus when  they be not able to answer the argument enforce against they second for that  as I publish in my epistle to the reader I deal only with the municipal law of  England as a subject proper to my profession expect not from I good reader any  reply at all for I will not answer unto his invective and I can make any reply  at all to any part of his discourse true it be that calumniations be great  motive of revenge and consequent of breach of charity and of God commandment  and therefore David pray to buy back I a charge man ut custodiam order tua but  it be far unbeseem a man of my vocation a loud noise reprimand to carry back  for that be lutum weld giving yellow dye  purgar and God have leave a  precedent of a judge who also be the first reporter of law that he be  Mitissimus super all man who to delay in land who example all Judge though  they be provoke every day ought as much as they can to imitate and follow this  only will I say in this Cause to he and of he that to learn to speak ill of  ego insult to value little the cause that I can reply be for that I have only  report the text and as it be the very voice of the ancient law of this realm  prove and approve in all succession of age as well by universal consent in  parliament as by the judgement and resolution of the reverend judge and sage  of the commonlaws in their Judicial proceed which they give upon their oath  and conscience I quote the year the leaf the chapter and other certain  reference for the ready find thereof and I can have add more if the report of  that case be very long as it be shall not have be draw to a extraordinary  prolixity but when I look into the book ever expect some answer to the matter  in the end I find the author utter ignorant but exceed bold as common those  quality concur in the law of the realm the only subject of the matter in hand  but can not find in all the book any authority out of the book of the  commonlaws of this realm act of parliament or any legal and judicial record  quote or cite by he for the maintenance of any of his opinion or conceit  whereupon as in justice I ought I have judgement give for I upon a nothing  to say and therefore can make any replication for his divinity and history  cite by he only publish in the say book and faciendum poplar tree but how true  and sincere his own conscience know he think it best for the salve of his  credit to conceal his name I will not answer for then I shall follow he in his  error and depart from the state of the question who only subject be the  municipal law of this realm I have good reader bring this six work to a  conclusion and publish it for thy private instruction for the public good and  quiet of many and for prevent of danger the daughter of error I confess that  englishmen's action have be renown in the ear of the whole world but far  better do than they have be tell for want of a good history and their law most  excellent but far better than they seem to any eye unless he can look in the  visial line for want of good style and fair fall sentence which never be at so  high a price as now they bear but wise man will embrace the secret of skill  though they be write with a evil pen and will not refuse precious jewel though  they be bring in a plain and homely receptacle the report of particular case  or example be the most perspicuous course of teach the right rule and reason  of the law for so do almighty God himself when he deliver by Moses his  Judicial law pattern to cause to know pro law as it appear in exodus Leviticus  Numerius  and Deuteronomy and the glossographer to illustrate the rule of the  civil law do oftenreduce the rule into a case for the more lively express and  true application of the same in read these and other of my report I desire the  reader that he will not read and as it be swallow too much at once for greedy  appetite be not of the best digestion the whole be to be attain to by part and  nature which be the best Guide make no leap nature non compose narrow passage   and true it be that Seneca say as in another place I have say quo plus record   animus hoc see to greater extent wide the mind the more it sudden receive the  more it lose and free it self a cursory and tumultuary read do ever make a  confuse memory a trouble utterance and a uncertain judgement if these or any  other of my work may in any sort by the goodness of almighty God who have  enable I hereunto tend to some discharge of that great obligation of duty  wherein I be bind to my profession and give direction for the establishment of  inheritance possession and interest in peace and quietness I shall reap some  fruit of the tree of life for my desire shall be accomplish and I shall  receive sufficient recompense for all my labour for their true and final end  shall be effect to take without effort quo always limit letter communication  word et to be lively Jura lector amice vale