preface to the reader there be nothing that can be say or write of law  although the field be large and the common place thereof may seem to be  infinite but in I opinion may be reduce to one of these six head make correct  digest expound learning and observe of law concern make of new six thing among  many other do principal fall into consideration first under what from of  common wealth the lawmaker be govern for one consideration be requisite where  the government be monarchical another when it be Artistocraticall and a three  where it be democratical second to know the several kind of the Muncicipall  law of his own proper nation for the innovation or change of some law be most  dangerous and less peril in the alteration of other three to understand what  the true sense and sentence of the law then stand be and how far forth former  law have make provision in the case that fall into question fourthly by  experience to apprehend what have be the cause of the danger or hindrance that  have fall out in that particular to the common wealth either in respect of  time place person or otherwise five to foresee that a proportional remedy be  apply so as that for cure of some defect pass there be not a stir of more  dangerous effect in future six the mean that only be by authority of the high  that in troth be the high court of parliament concern the correction of old  the same respect be to be observe that have be say touch the make of new for  digest of former law into method and order three thing be requisite judgement  to know they be to dispose they and diligence to omit none of they the expound  of law do ordinary belong to the reverend judge and sage of the realm and in  case of great difficulty and importance to the high court of parliament  concern learning attain to the knowledge of these law I have in the preface of  my first edition somewhat touch the observe of law do concern all whatsoever  but principal some in particular as hereafter shall touch for summa sequar  the top of a gable a thing our kingdom be a monarchy Sucessive by inherent  birth right of all other the most absolute and perfect from of government  exclude interregnum and with it infinite inconvenience the maxim of the  commonlaw be that the king of England never die which be true in respect of  the ever during and never die politic capacity the law of England consist of  three part the commonlaw custom act of parliament for any fundamental point of  the ancient commonlawes and custom of the realm it be a maxim in policy and a  trial by experience that the alteration of any of they be most dangerous for  that which have be refine and perfect by all the wise man in former succession  of age and prove and approve by continual experience to be good profitable for  the common wealth can without great hazard and danger be alter or change  infinite be the scruple suit and inconvenience that the statute of Edward de  gift conditional do introduce which intend to give every man power to create a  new find estate in tail to establish a perpetuity of his land so as the same  shall not be alien nor let but only during the life of tenant in tail against  a fundamental rule of the commonlaw that all estate of inheritance be  feesimple whereupon these inconvenienciesinsued purchase defeat lease evict  other estate and grant make upon just and good consideration be avoid creditor  defraud of the just due debt offender embolden to commit capital offence and  many other inconvenience follow also what suit and trouble arise by the  statute of cap Edward of Nonclaime enact against a main point of the commonlaw  whereby ensue the universal trouble of the king subject as it be resolve in  parliament in Hen cap be apparent to all of least understanding what intricate  and subtle question in law daily arise upon the validity and construction of  will of land which by the rule of law be not devisable before the statute of  and Hen of will daily experience to the ruin of many and hindrance of  multitude manifest teach but above all certain late invention and devise in  assurance of land by limitation of use under upstart and wild proviso and  limitation such as the commonlaw never know do breed and multiply infinite  trouble question suit and difficulty in the parliament hold in the year of  king Henry the three it be move that child bear before marriage be bastard by  the commonlawes of this realm the wisdom of the law abhor clandestine contract  may be legitimate accord to the civil or ecclesiastical law whereunto say the  set up all comites baron One voice to answer  not law England to move who  thus far v. freq. dep. are to assent to in which few word be observable first  the absolute monaccord and unity One voice of all the peer and lord of  parliament second the denial  not law England not of Normandy or of any other  nation as be find dream as elsewhere I have show but the commonlaw of England  and three the reason of their denial Quaehactenus usitate are approbate as if  they shall have say we will not change the law of England for that they have  be ancient use and approve from time to time by man of most singular wisdom  understanding and experience I will not recite the sharp law of the locrense  in great grease concern those that seek innovation in prefer any new law to be  make you may read it in the gloss of the first book of Justinians institute  because it be too sharp tart for this age but take we the reason of that law  because law to fix refigend custom be destructive but Plato law I will recite  touch this matter which you may read in his six book de law if any citizen do  invent any new thing which never before be read or hear of the inventor  thereof shall first practice the same for the space of ten year in his own  house before it be bring into the common wealth or publish to the people to  the end that if the invention be good it shall be profitable to the inventor  and if it be nought he himself and not the common wealth may taste of the  prejudice and I like well the edict report by Suetonius who praeter experience  custom maiorum  of facio nor placent nec virtue to see and I will the  commandment of Honorius and Arcadius be of we englishmen observe mos trusty  old age to hold back be and I agree and conclude this point with the apotheg m  of Pereander of Corinth that old law and new meat be fit for we as concern the  correct of the commonlawes or ancient custom of England may be apply all that  have be say concern make of law only this add that it have be a old rule in  policy and law that amendment law be to shun and yet concern certain of our  penal statute to repeal many that time have antiquate as unprofitable and  remain but as snare to entangle the subject withal and to omit all those that  be repeal that none by they be deceive as for example concern drapery or such  like to make one plain and perspicious law divide into article so as every  subject may know what act be in force what repeal either by particular or  general word in part or in the whole or what branch and part abridge what  enlarge what expound so as each man may clear know what and how much be of  they in force and how to obey they it be a necessary work and worthy of  singular commendation which his majesty out of his great wisdom and care to  the common wealth have command to be do for as they now stand it will require  great pain in read over all great attention in observe and great judgement in  discern upon consideration of the whole what the law be in any one particular  point but with this caution that there be certain statute concern the  administration of justice that be in effect so weave into the commonlaw and so  well approve by experience as it will be no small danger to alter or change  they and herein accord to his royal commandment God Willing somewhat in due  time shall be perform for bring of the commonlawes into a better method I  doubt much of the fruit of that labour this I know that abridgement in many  profession have great profit the author themselves but as they be use have  bring no small prejudice to other for the advice and orderly read over of the  book at large in such manner as elsewhere I have point at I absolute determine  to be the right way to endure and perfect knowledge and to use abridgement as  table and to trust only to the book at large for I hold he not discreet that  will castrated a small brook when he may to strive for a spring and certain it  be that the tumultuary read of abridgement do cause a confuse judgement and a  break trouble kind of delivery or utterance but to reduce the say penal law  into such method order with such caution as be abovesaid which can be do but  in the high court of parliament nor without the advice of such as before be  touch be a honourable profitable and commendable work for the whole common  wealth this four part of my report do concern the true sense exposition of the  law in diverse many case never adjudge or resolve before which for that they  may in I opinion tend to the general quiet benefit of many the only end God  know of the edition of they I think it a part of my great duty that I owe to  the common wealth not to keep they private but be withal both encourage and in  manner thereunto enforce to publish and communicate they to all wherein my  comfort and contentation be great both in respect of your singular and  favourable approbation of may former labour as for that I know I own weakness  have one great advantage of many famous and excellent man that have take upon  they the great and painful labour of write for they to give their work the  more authority and credit have much use the figure prosopopeia in feign  diverse prince and other of high authority excellent wisdom profound learning  long experience to speak such sentence rule conclusion as they intend and  desire for the common good to have obey and observe as zenophon the great in  his book which he write of the institution of prince feign that king Cambyses  teach and speak many excellent thing to Cyrus his son and in another book  which he write of the be of chivalry he sane how king Philip teach and  instruct his son Alex a der to fight but I without figure or feign do report  and publish the very true resolution sentence and judgement of the reverend  judge and sage of the law themselves who for their authority wisdom learning  and experience be to be honour reverence and believe the due observation of  the say law do general without any limitation or exception concern all but  principal prince noble judge and magistrate to who custody charge the due  execution the life and the soul of the law be commit for that they in respect  of their place be more eminent conspicuous then other man wherein thing be  necessary require understanding authority and will understanding concern thing  and person that be first what be right and just to be do what ill and to be  avoid second what person for merit be to be reward and what for offence to be  punish and both in reward and punishment to observe quantity and quality  authority to protect the good and to chastise the ill will prompt and ready  due sincere and true to execute the law but forasmuch as many adversary and  two open enemy do continual lie in wait to assault this good and ready will it  must of necessity have two defensive complete armour of proof first integrity  against these six secret adversary gift affection entreaty anger precipitation  and wayward delay peevish delay second fortitude and constancy against the  terror of malice fear of danger two open and violent enemy to see Judicesquid  to make non for man to drive judgment say domini quodcunq to fine in thou  to run over and Deus be judge legitimate fortis patience and so must every  judge be legitimate without respect to give every man his own and therefore  Judicia be so call because they be tanquam law dictam and the law whereby you  judge be man a certain nullo to confuse disposition Arist lib a smooth fortis  against malice and danger neq fearful uprightness nor not good strength  republic be useful and patience when he do justice sincere with a good  conscience and yet be despise despite or disgrace non solum penalty say  tolerance acquire nomen persecution  glory victory Aristotle lib top well be  to fine second law litter how ex not common with others knowledge opinion  ignorance judge be generally loss harmless and hereof it proceed that the king  of this realm have have such special care of call such man to judicial place  as have knowledge and other the incident inseparable above mention and because  these judge be if order be observe take of such as be sergeant especial care  be always take in call man of learning integrity and live to that state and  degree never can a judge punish extortion that be corrupt himself nor any  magistrate punish any sin as he ought that be know to be a to hit therein  himself therefore it be a incident inseparable to good government that the  magistrate to who the execution of law be commit be princpall observer of the  same themselves but herein hear what shall say to the which nothing can be add  et nunc reges to come to know to educate who P. a earth servite lord in fear  et jump about ei come trembling to seize teaching ne when to be angry dominus  et to pass away de way legitimate whosoever will be complete judge  to come to know to seize to educate servite jump about you must be apparel  with the rich robe of understanding learning you must your self embrace  discipline you must observe the law your self with great fear a humility which  if you will do servite lord in fear you must be cheerful comfort your self in  do of justice for you shall find many cross and danger et jump about but yet  come trembling do all these thing least you enter into wrath and so you perish  from the way of righteousness whereby it appear that the great lose a judge or  magistrate can have be to give himself over to passion and his own corrupt  will and to lose the way of righteousness et to pass away way de justice to  the whole body of the realm concern this point I say your fault will be the  great if have a sovereign so religious wise and learned so great a observer of  law so virtuous of his own person you apply not your self to his example  presidet for the heathen poet can say king and exemplum all  to bring together  circle but while I be intend and go about this edition I by commandment attend  upon his most excellent maty for direction about his highness affair that  concern the duty of my place to prosecute at what time I well perceive what  princely care his maty have take for execution and expedition of justice and  that upon consideration thereof he find two impediment therein one that in the  two eminent court of ordinary justice the king bench and the common plead  there be four judge and many time in case of great difficulty the judge be  equal divide in opinion in either court the matter depend long undecided for  prevent whereof his majesty in this term of saint hillary in the first year of  his most happy and prosperous reign add a judge more to either bench sir David  William knight sergeant at law to the king bench sir William Daniell knight  sergeant at law to the court of common plead his majesty say that numero Deus  impare to rejoice the second impediment be that diverse doubt and question of  law remain undetermined the same rise partly upon long and ill pen statute  late make partly by reason of late and new devise and invention in assurance  which the eye of the law in former age never behold and can yet incline to  allow they and partly by conveyance and will draw and devise by such as have  knowledge sciolorum who be to mix ignorance which question and doubt already  grow his majesty desire may be resolve and determine accord to the true sense  of the law of the realm and where there have be some diversity of opinion  between certain of the court of justice that the same may upon conference  mature consideration be agree and resolve and his majesty understanding as it  seem by reason of my former edition that I have observe many determination and  judgement of questionable and doubtful case which upon great study  consideration conference and deliberation have be resolve and give by the  reverend judge father of the law require I to proceed and for the general good  and quiet of the subject to publish they who commandment be to I Suprema law  have both encourage impose a necessity upon I to publish this four edition  with contain nothing but his majesty own be sweet and fruitful flower of his  crown for the law of England be indeed so call Jura coronae or Jura regius  because as Bracton lib I cap say ipse autem king non debet be sub  a human being say sub a god lege because law compose king to assign therefore   king law quoth law to assign ei videlicet mastery command non be for king  where to be lord will non law that be the king be under no man but only God  and the law for the law make the king therefore let the king attribute that to  the law which from the law he have receive to wit power and dominion for where  will and not law do sway there be no king and in the register the word of the  writ of and Jura regius be king c health and jura our men  regius ne  to go to ruin seu per some vsurpationes that is not owed aliqualiter subtra  hantur quatenus just to be able manutenenda to draw from below  to take into possession si who to be and position debt is owed to call again  nor and impugnatores the same the juice of the purple our refraenandos prout  it agrees together agreed juxta the dawn defect to punish eastern eagerly our  it was becoming need to hold toward solicitius to stretch out shades of dead   our men  quo and hoc chain oath tender  dignosci to bind on many  to look at attentively indies jura that pro man to fight against c that our  kingly law and right perish not neither be at all withdraw by undue usurpation  of any which so far forth as just we may be to be maintain if any shall be  with draw or divert to be again restore to their due state as also for the  bridle of the impugnors of those our say law the punish of they as be meet  accord to their desert we ought the more diligent to provide the more careful  to extend our hand authority for that we be know to be thereto tie bind by the  bind of a oath and for that we daily see very many to their power to impugn  those say law and again king c health and preservation the juice of the purple  coronae our men  eastern our it was becoming eagerly need to hold toward quoad  hoc to bind on chain sacrament elsewhere to look at attentively and Self  the juice of the purple eneruationem greater number   to breathe with difficulty c conclude thus et to know quoth si by to make  presumpseritis and thou tanquam profaner palace law our men  non unjustly  violently to take in hand which be we ought the more earnest to provide for  the conservation of the law right of our crown as be thereunto tie by the bind  of a oath for that we see other the more greedy to gape after the weaken  subvert of those say law c conclude thus and know you that if you shall  presume otherwise to do we shall with grief not undeserving hold you as  violator of our kingly right law by which ancient writ appear what a  exorbitant offence it have be ever deem to impugn or calumniate these law be  the imperial law of the crown that in all age these law have have many that  seek to impugn and violate they and last how grievous such as so presume to  offend shall be punish nam in vain rest from work law nisi severe to punish  despiser and it be true say that non debet princeps far law a people of India  mockery and woeful experience have often teach which I my self have sometime  observe that many of those man that have strain their wit stretch their tongue  to scandalize or calumniate these law have either practice or plottedsome  hainouscrime and therefore hate because they fear the just sentence and heavy  stroke the read of the several report record of these law do not only yield  immense profit as elsewhere I have note but do contain the faithful and true  history of all successive time as well concern the punishment of the evil for  their heinous horrible and exorbitant offence as concern the reward and  advancement of man of great merit and virtue for their high and honourable  service in the common wealth and which be above all they be memorial to all  posterity of the valorous piety virtue and victory of the king and prince of  this realm the first appear most evident among other thing by the creation and  erection of man of great desert to eminent place and degree of nobility and  honour of such estate and in such manner and from as be warrant by the law of  the realm the second by the record of the attainder in judicial proceed  against capital and other offender and the three by many excellent record the  most faithful and perpetual witness and worthy to be publish and make know to  all and therefore at this time least my preface shall exceed his proper module  of that sort take one example of a charter make by Edgar king of England and  record and thereby faithful continue to this day Altitonantis God  flowing copiously mercy who be king king dominus to be lord ego edgarus  the Angli Basileus all a thing nom. prop. sound who britain circumjacent  all in a body nation who infra she to shut up imperator dominus agreeableness  ago Self a god almighty power king meo who meum command such to widen  be praised super kingdom father meorom who although absolute rule all England  attainment are a tempore Athelstani who primus king the Angli all nation who  britain to be at home Himself arms  to drive up nullus yet the dawn ultra fine  command suum to spread out attack be I yet  to go away to appease dininitas  come the Angli command all regna nom. prop. Oceani come n'est wild king usque  Norvegiam maximamque birth Scotland come to sew that is known community de  Dublina the Angli royal power To bring under the yoke quos now too all meis  command colla to put under God to be favorable agreeableness to drive together  wherefore ego Christ glory praise in royal power meo be praised he slavery  to broaden to vow to place here and there et per meo trusty patron Dunstanum  videlicet an archbishop Ayelyolanum ac Oswaldum an archbishop quos I a father  Of consilatores elegy great ex part to place here and there c fanctam are haec  year  domini indiction royal power yes Edgari the Angli king in regius  a walled town who ab inhabitant Ocleayeccastriae nomina in time of birth  domini festivity sanctorum harmless feria c a ego Edgar Basileus the Angli  imperator king a king of Illyria come general consensus Princeps  Archimeorum  an umbelliferous plant haec of me munificentiamsigno cross to strengthen a ego  Alfriie Reginacon feeling battle standard cross confirmaui a ego Dunstan  archbishop Dorobor church Christ general consensus to write underneath a ego  Osticel archbishop eboracensis Ecclesia general consensus to write underneath  a ego Alferic Dux ego Bruthnod Dux ego Aridgari Dux a whereby be to be observe  first his piety and devotion towards God the fountain of all happiness the  true top good second the largeness of his empery and the first Conquest of  Ireland long before the reign of king Henry the second to conclude of the  learned reader my desire be that he will eithar amend that which herein he  shall find amiss or at least that he will not find fault with any part until  he have serious read over the whole and then it may be he will reprehend the  less and although herein I have take all the labour yet I unfeigned wish to  all the reader all or at the least equal profit oh more indeed  to make how  who to bind together speech oh in readiness I sit a thing yet row to lead oh  to go among lector to be strong I remember quoth whoever backtooth oh sensum  ac vim some law invention or cunning trick amuse myself with writing oh law  violator to have be be vale