section escuage part but it appear by the plead and argument make in a plea  upon a Writ of detinue of a write Obligatory bring by one h grey T.7.E that it  be not needful for he which hold by escuage to go himself with the king if he  will find another able person for he convenient array for the war to go with  the king and this seem to be good reason for it may be that he which hold by  such service be languish so as he can neither go nor ride and also a abbot or  other man of religion or a feme sole which hold by such service ought not in  such case to go in proper person and sir William Herle then chief justice of  the common place say in this plea that escuage shall not be grant but where  the king go himself in his proper person and it be demurrer in judgement in  the same plea whether the day shall be account from the first day of the  muster of the king host make by the Commons and by the commandment of the king  or from the day that the king first enter into Scotland therefore inquire of  this TR e c this be the first book at large that our author have cite and it  be to be observe that this point be not debate in the say book but only it be  there admit and yet be good authority in law for our author say that it appear  by this book now both by Littleton himself and by the book of Edward it be  apparent that albeit the tenure be that he which hold by a whole knight fee  ought to be with the king c todoeacorporall service yet he may find another  able man to do it for he by the statute of great Charta cap it be provide that  no knight that hold by castle guard shall be distrain to give money for the  keep of the castle si ipse she fucer volveri in not common with others mask  to sew well per other Probus a human being to make si ipse she to make non  to be able near the pure milk of reason cause some have think that he that  hold by escuage be take by the equity of this statute that speak only of  castle guard but it be hold that this statute be but a affirmance of the  commonlaw for where that Act say near the pure milk of reason cause that  reasonable cause be refer to the tenant own discretion and choice and the  cause be not material or issuable no more than in the case that Littleton here  put as hereafter appear and I will advice our student that when he shall be  enable and arm to set upon the yearbook or report of law that he be furnish  with all the whole course of the law that when he hear a case vouch and apply  either in Westminster hall where it be necessary for he to be a diligent  hearer and observer of case of law or at read or other exercise of learning he  may find out and read the case so vouch for that will both fasten it in his  memory and be to he as good as a exposition of that case but that must not  hinder his timely and orderly read which all excuse set apart he must bind  himself unto for there be two thing to be avoid by he as enemy to learning  to reverse reading  and to hasten greatly praxis but let we now hear what our  author will say and this seem to be good reason here Littleton show three  reason wherefore the tenant shall not be constrain to do his service in person  first it may be the tenant be sick so as he be neither able to go nor ride and  ever such construction must be make in matter concern the defence of the realm  or common good as the same may be effect and perform to the former disability  may be add where a corporation aggregateofmany as dean and chapter mayor and  commonalty c or a infant be a purchaser for these also must find a able man  but it may be object that in these particular case the tenant may find a man  but not when he himself be able without all excuse or impediment to this it be  answer that sapiens incipit a fine and the end of this service be for defence  of the realm and so it be do by a able and sufficient man the end be effect  second see there be so many just excuse of the tenant it be dangerous and tend  to the hindrance of the service if these excuse shall be issuable many men  in  jure common contra account to weigh pro common usefulness to lead in are last  both Littleton and the book in the Edward give the tenant power without any  cause to be show to find a able and sufficient man and oftentimes Jura  public officer ex private citizen mixed to fall down non to withhold a abbot  or other man of religion note that if the king have give land to a abbot and  his successor to hold by knight service this have be good and the abbot shall  do homage and find a man c or pay escuage but there be no wardship or relief  or other incident belong thereunto and though the law say that this be a  mortmain that be that they hold fast their inheritance yet if the abbot with  the assent of his covent have convey the land to a natural man and his heir  now wardship and relief other incident belong of common right to the tenure  and so it be if the king give land to a mayor and commonalty and their  successor to be hold by knight service in this case the patentee as have be  say shall do no homage neither shall there be any wardship or relief only they  also shall find a man c or pay escuage but if they convey over the land to any  natural man and his heir now homage ward marriage and relief and other  incident belong hereunto and yet this possibility be to move back force but  the reason hereof be to be remiss ration law be remiss self law the reason of  the immunity be in respect of the body politic which by the conveyance over  cease which be worthy of observation and it be to be observe that every bishop  in England have a barony and that barony be hold of the king in capite and yet  the king can neither have wardship or relief if two Joyntenants be of land  hold by knight service if one go with the king it suffice for both and both of  they can be compel to go for by their tenure one man be only to go if the  tenant peravaile go it discharge the Mesne for one tenancy shall pay but one  escuage or other man of religion here this word religion be take large  videlicet not only for regular or dead person as abbot monk or the like but  for secular person also as bishop parson vicar and the like for neither of  they be bind to go in proper person for nemo military man a god to infold  of a saeculum pain languish so it may be say of a idiot a mad man a leper a  man maim blind deaf of decrepit age or the like or a feme sole see that a feme  sole that can perform knight service may serve by deputy it may be demand  wherefore a heir male be within the age of year may not serve also by deputy  be not able to serve himself to this it be answer that in case of minority all  be one to both sex videlicet if the heir male be at the death of the ancestor  under the age of one and twenty or the heir female under the age of they can  make no deputy but the lord shall have wardship as a incident to the tenure  therefore Littleton be here to be understand of a feme sole of full age and  seize of land hold by knight service either by purchase or descent convenient  array for the war so as here be four thing to be observe first as have be say  that he may find another second that he that be find must be a able person  three he must be arm at the cost and charge of the tenant and herein be to be  note quoth non finish off an end the life in jure with what manner of armour  the soldier shall be array with for time place and occasion do alter the  manner and kind of the armour fourthly he must have such armour as shall be  necessary andsoappointed in readiness Ferdwit be a Saxon word signify  quietanciam murdri in army Worscot be a old English word and signify book be  de load implements it be true say quoth mile haec tribune curare debet corpus  ut strong persistent to have arms  to reach and to come under imperia  the other a god of to a general officer spear be sapiens non always it  to make one step say One way non see move say adapt who good luck  choose  outcome to fight be non grammatical case in omni clash non tam prod multitude  how virtus be good leader to know to conquer to go from wisely at right time  multum to be able in rebus human affairs  opportunity much in  signal  for march quid tam relative be how to hold always arms  who roof be  to be able but I will take my leave of these excellent author of be military  and refer they to those that profess the same and will return to Littleton  muster I find this word in the statute of Henry cap and the ancient military  order be worthy of observation for before and long after that statute when the  king be to be serve with soldier for his war a knight or esquire of the  country that have revenue farmer and tenant will covenant with the king by  indenture enrol in the exchequer to serve the king for such a term for so many  man special nam in a listen in his war etcetera a excellent institution that  they shall serve under he who they know and honour and with who they must live  at their return these man be muster before the king commissioner and receive  any part of their wage and their name so record if they after depart from  their captain within the term contrary to the from of that statute itwasfelony  but now that statute be of no force because that ancient and excellent from of  military course be altogether antiquate but latter statute have provide for  that mischief to muster be to make a show of soldier well arm and train before  the king commissioner in some open field Ubi see to stretch out  sings beforehand battle in Latin it be to tax seu to light up army by the law  before the Conquest muster and show of armour shall be to make one  to the same place die per whole world kingdom ne in some way to be able arms   member of household  notorious facts  to fit nec Self that mutually  to take without effort ac the whole of the laws domini king to defraud owner  king kingdom to hit concern the point in law demurrer in judgement in Edward  here mention by our author the law account the beginning of the forty day  after the king enter into the foreign nation for then the war begin and till  he come there he and his host be say to go towards the war and no military  service be to be do till the king and his host come thither sir William Herle  a famous lawyer constitute chief justice of the common plea by letter patent  date die of Mars year  e it appear by Littleton and by the record that he be a  knight against the conceit of those that think that the chief justice of the  court of common plea be not knight till long after our student shall observe  that the knowledge of the law be like a deep well out of which each man draw  accord to the strength of his understanding he that reach deep he see the  amiable and admirable secret of the law wherein I assure you the sage of the  law in former time whereof sir William Herle be a principal one have have the  deep reach and as the bucket in the depth be easy draw to the uppermost part  of the water for no one element in his to appropriate loco be grave but take  it from the water it can be drawneupbutwith great difficulty  Soalbeitbeginnings of this study seem difficult yet when the professor of the  law can dive into the depth it be delightful easy and without any heavy burden  so long as he keep himself in his own proper element justice in Glanville he  be call justicia in Self P. of abstraho. as it be justice it self which  appellation remain still in English and French to put they in mind of their  duty and function but now in legal Latin they be call justice tanquam just in  coagulation and they be call justice de banc c and never judge de banc c  common bank place bank be a Saxon word and signify a bench or high seat or a  tribunal and be property apply to the justice of the court of common plea  because the justice of that court set there as in a certain place for all writ  returnable into that court be in person justice our men  at westmon or any  other certain place where the court set and legal record term they justice de  banc but writ returnable into the court call the king bench be in person we I  king wherever to be in England and all judicial record there be style  in person king but for destination sake it be call the king bench both because  the record of that court be style as have be say in person king and because  king in former time have often personal set there for the antiquity of the  court of common plea they err that hold that before the statute of great  Charta there be no court of common plea but have his creation by or after that  charter for the learned know that in the six and twenty year of Edward the  three the abbot of b in a Writ of assize bring before the justice in eire  claim conusance and to have writ of assize and other original writ out of the  king court by prescription time out of mind of man in the reign of saint  Edmond and saint Edward the confessor before the Conquest and on the behalf of  the abbot be show diverse allowance thereof in former time in the king court  and that king Henry the first confirm their usage and that they shall have  conusance of plea so that the justice of the one bench or the other shall not  intermeddle and the statute of great Charta erect no court but give direction  for the proper jurisdiction thereof in there word communia placita non  to follow senate our men  say to hold in to some place  certainly loco and  proper the statute say non to follow for that the king bench do in those day  follow the king wherever to be in England and therefore enact that common plea  shall be hold in a court resident in acertaine place in the next chapter of  great Charta make at one and the same time it be provide et she who per  the same S justice itinerantes near difficulty some a joint to set bounds non  to be able to bear back and justice our men  de banc there to set bounds and  in the next to that assisae de ultima a placing before always to take in hand  in person justice de banc there to set bounds therefore it manifest appear  that at the make of the statute of great Charta there be justice de banc which  all man confess to be the court of common plea and therefore that court be not  create by or after that statute for the authority of this court it be evident  by that which have be say that it have jurisdiction of all common plea but let  we return to Littleton demurrer in judgement a demurrer come of the Latin word   to retard to abide and therefore he which demurrer in law be say he that  abide in law to delay or  to retard in lege whensoever the counsel learned of  the party be of opinion that the court or plea of the adverse party be  insufficient in law then he demurrer or abide in law and refer the same to the  judgement of the court and therefore well say Littleton here demurrer en  judgement the word of a demurrer be because narrative c stuff in  by the same route he who disregards minus sufficient in lege step forth c and  so of a plea because placitum c stuff in to the same place he who disregards  minus sufficient in lege step forth c unde pro diminution to put under  narrative sive plea c petit judgment c but if the plea be sufficient in law  and the matter of fact be false then the adverse party take issue thereupon  and that be try by a jury for matter in law be decide by the judge and matter  in fact by jury as elsewhere be say more at large now as there be no issue  upon the fact but when it be join between the party so there be no demurrer in  law but when it be join and therefore when a demurrer be offer by the one  party as be aforesaid the adverse party join with he for example say quoth  placitum prediction c stuff in to the same place he who disregards good  sufficient in lege to step out c petit judgment and thereupon the demurrer be  say to be join and then the case be argue by Council learned of both side and  if the point be difficult then it be argue open by the judge of that court and  if they or the great part concur in opinion accord judgement be give and if  the court be equal divide or conceive great doubt of the case then may they  adjourn it into the exchequer Chamber where the case shall be argue by all the  judge of England where if the judge shall be equal divide then if none of they  change their opinion it shall be decide at the next parliament by a prelate  two earl and two baron which shall have power and commission of the king in  that behalf and by advice of themselves the chancellor treasurer the justice  of the one bench and the other and other of the king Council as many and such  as shall seem convenient shall make a good judgement c and if the difficulty  be so great as they can determine it then it shall be determine by the lord in  the upper house of parliament see the statute for it extend not only to the  case abovesaid but also where judgement be delay in the chancery king bench  common bench and the exchequer the justice assign and other justice of oyer  and terminer sometime by difficulty sometime by diverse opinion of justice and  sometime for other cause a before which statute if judgement be not give by  reason of difficulty the doubt be decide at the next parliament which then be  to be hold once every year at the least b Siautemtalianunquam prius  to come out dark difficile sit the dawn judgment tunc to put down judgment in  looking back  usque and great senate ut there per concilium curiae  to set bounds but hereof thus much shall suffice r he that demurrer in law  confess all such matter of fact as be well and sufficient plead if there be a  demurrer for part and a issue for part the more orderly course be to give  judgement upon the demurrer first but yet it be in the discretion of the court  to try the issue first if they will after demurrer join in any court of record  the judge shall give judgement accord as the very right of the cause and  matter in law shall appear without regard any want of from in any Writ return  plaint declaration or other plead wooer or course of proceed except those only  which the party demurrer shall special and particular set down and express in  his demurrer a now what be substance and what be from you shall read in my  report and in some case a man shall allege special matter and conclude with a  demurrer b as in a action of trespass bring by I S for the take of his horse  the defendant plead that he himself be possess of the horse until he be by one  I S dispossess who give he to the plaintiff c the plaintiff say that I S nam  in the bar and I S the plaintiff be all one person and not diverse and to the  plea plead by the defendant in the manner he demurrer in law and the court do  hold the plea and demurrer good for without the matter allege he can not  demurrer now as there may be a demurrer upon count and plead so there may be  of aid prier voucher receipt wage of law and the like c by that which have be  say it appear that there be a general demurrer that be show no cause and a  special demurrer which show the cause of his demurrer also by that which have  be say there be a demurrer upon plead c and there be also a demurrer upon  evidence d as if the plaintiff in evidence show any matter of record or deed  or write or any sentence in the ecclesiastical court or other matter of  evidence by testimony of witness or otherwise whereupon doubt in law arise and  the defendant offer to demurrer in law thereupon the plaintiff can refuse to  join in demurrer no more than in a demurrer upon a count replication c and so  e turning may the plaintiff demurrer in law upon the evidence of the defendant  but if evidence for the king in a information or any other suit be give and  the defendant offer to demurrer in law upon the evidence the king counsel  shall not be enforce to join in demurrer but in that case the court may direct  the jury to find the special matter in judgement for the signification of this  word vide sect