preface a god native land flute at my time of leisure after my public service  cheerful take industry I old acquaintance for my comfort and aim at the good  of my dear country for my comfort and beginning with this continual and  fervent prayer the glorious majesty of the lord our God be upon we oh prosper  thou the work of our hand upon we Oh prosper thou our handy work I have by the  most gracious direction and assistance of the almighty bring forth and publish  this ten work to the view of the learned and benevolent reader this part  contain a true and just report of certain judgement and resolution give in his  majesty principal court of justice upon great and mature deliberation and in  case of as great importance and consequence as in any of my former commentary  which I have take upon I and finish though it have be more than difficult to I  to avoid that the which venerable verity do blush at for fear that be that she  which be the foundation of justice shall not be hide and unknown veritas  to put out of sight to grow red nothing for to greater extent to fear how non  to carry out in public officer vult see in luce established himself quis that  to cover occultetue how all eye to put out be be even neither be she please  when once she be find out and reveal to be call into argument and question  again as if she be not in verity indeed and therefore the rule be so far  to reckon be while veritas to come upon where invention be veritas there  to fix judgment nay sometime truth be lose by too much altercation  beyond measure contention veritas to send away she take small delight with  varnish of word or garnish of flower for simplex be sermon veritas for her  place be between the heart and the head do participate of they both of the  head for judgement and of the heart for simplicity now whether it be not  necessary that the true and just reason and cause of these judgement and  resolution which be not express in any record for the advancement of truth and  the prevent of error in matter of so great importance and consequence shall be  plain and faithful publish to all posterity I leave to the censure of the  learned and judicious reader Le case de sutton hospital I I have report in the  first place though it be not first in time the case of the hospital of king  James find by though Sutton Esq for that in I opinion it do merit to have the  precedency for two cause I for that it be a exchequer Chamber case where by  the verdict of the grand jury of all the judge of England it be for the  hospital find billa true for that the foundation of this hospital be opus  without pattern the imitation of thing that be evil do for the most part  exceed the example but the imitation of good thing do most common come far  short of the precedent but this work of charity have exceed any foundation  that ever be in the Christian world nay the eye of time it self do never see  the like the yearly valve of the possession first give for the first gift by  Sutton of lordship manor land and tenement to continue for ever for the  maintenance hereof do amount to the clear yearly valve of three thousand five  hundred pound or near thereabouts and within these few year will be increase  to about the yearly valve of five thousand pound test charity display need and  beside all this Sutton leave to descend to the plaintiff a man of mean quality  the manor of Tarbock in the county of Lancaster consist of a fair ancient  house two park and large demesne plentiful store with timber of the yearly  valve of l and l by the year of rend of assize together with the rectory of  worth l per annum within the same county to what intent and purpose the  revenue shall be employ the large revenue of this famous hospital be to be  employ principal for four special intent and purpose I for the relief of such  worthy and well esteem captain commander and soldier as be unmarried and have  adventure their life in the war for the service of the realm and be fall into  poverty and impotency for redeem of poor captive especial such as be under the  miserable thraldom of infidel and constant keep their faith and the profession  of true religion for the erection of a free school and maintenance of a  learned school master and usher for train up of poor child in good literature  and virtuous education and foravoiding of idleness the mother of all vice and  wickedness within this hospital there shall be for ever maintain a grave and  learned divine for the instruction of all within this hospital by preach of  God holy word for the due celebration of divine service and the holy sacrament  and catechise of the youth in the principle of true religion for the  accomplishment and maintenance of which and other godly and charitable use the  say founder have leave also a very great and large stock of money to his  executor Richard Sutton Esq and John law gentleman two faithful constant and  industrious person this work of piety and charity be find in the spacious and  specious house call the charter house in the parish of saint sepulchre in the  county of Middlesex have fair orchard and garden and contain twenty acre  within the precinct thereof so as a man may say of it that it be tanquam  circle in city a place as it appear by record and history ordain of God for  pious and charitable use for sir Walter many of Henalt who be create by king  Edward the three knight of the garter for his service which with singular  commendation he perform in the French war when the pestilence so reign in  London that the church yard be not sufficient to bury the dead body especial  of the poor purchase the place where now this famous hospital be erect and  cause the same to be consecrate for the burial of poor Christian which while  they live be the temple of the holy ghost and the record tell you that year   domini year  royal power king e regnant great plague hallowed to be hoc  Caemitarium c in quo infra septa the same grave to be to die corpora plusquam  fifty millia but after the plague by the goodness of the almighty cease the  same sir Walter many in the year of our lord and in the forty fith year of the  reign of king Edward the three find the Carthusian monk there who by  corruption of speech be vulgar call the monk of the Charterhouse so as the  soil which of ancient time be give by sir Walter many a knight and a soldier  for the sepulchre of poor man when they be dead be now by Thomas Sutton a  esquire and a soldier convert and consecrate to the sustenance of the poor and  impotent while they live and therefore a man may true apply to this place the  say of the royal prophet thou lord of thy goodness best prepare it for the  poor and this case be adjudge with the great applause of all that hear it or  of it and principal for four cause for the honour of our religion that have  produce such a work of piety and charity as never be in the Christian world  for the first foundation for the glory of the king majesty to who ex  salary of pastor et  wholly deserving it be dedicate and bear his name for the  increase of piety and charity ne man to frighten off a Of good need and last  ut to build against os uneven to speak and I dare affirm it for the honour of  our religion that more of such good work of piety and charity have be find  within this realm since the beginning of the reign of our late queen Elizabeth  of ever bless memory during the glorious sunshine of the gospel than in many  age before and it have be observe that by the blessing of almighty God this  kingdom of England for piety profit and pleasure videlicet for this and such  other work of piety for the crown inheritance of honour manor land c and  certainty of yearly profit and last for forest chase park and other place of  pleasure have exceed the great Monarchy in the Christian world marry  Portington's case two then have I publish in marry Portingtons case for the  general good both of prince and country the honourable funeral of find and  newfound perpetuity a monstrous brood carve out of mere invention and never  know to the ancient sage of the law I say monstrous for that the naturalist  say quoth monster to beget near corruption alicuj beginning and yet I say  honourable for that these vermin have creep into many honourable family at who  solemn funeral I be present and accompany the dead to the grave of oblivion  but mourn not for that the commonwealth rejoice that fetter freehold and  inheritance be set at liberty and many and manifold inconvenience to the head  and all the member of the commonwealth thereby avoid Jenning's case III  Jenning's case vouch in marry Portington's case and do concern the common  assurance of the realm Lampet's case IV and next after come Lampet's case  where perpetuity of lease for many thousand year be by consequence overthrow  case of the university of Oxford five the case of the university of Oxford a  famous seminary of the church and commonwealth tend to the advancement of God  true religion and in some degree for the better maintenance of a learned and  religious ministry out of both of the university of Cambridge and Oxford  bishop of Salisbury case VI the bishop of Salisbury case against both the  diminution of the possession and yearly revenue of the archbishop and bishop  of the realm and the prejudice of their successor Whistler's case VII  Whistler's case contain diverse material point for the better construction of  letter patent of inheritance in diverse point common happen warden of saint  saviour the case of the church warden of the parish of saint saviour wherein  letter patent of lease be well expound for the quiet of the possession of many  of the king Farmours and by consequence of the inheritance and estate of many  other case of the court of Marshlesa IX the case of the court of the  Marshalsea wherein the original institution and jurisdiction of that court be  clear manifest and albeit the law be well know before in this case both by our  book case and record in all succession of age yet as in great river the course  wind fillings in and outlet be by experience vulgar know whereas the very  fountain and head it self lie many time hide and secret so in this very case  the capacity process and privilege of this court be often resolve in our book  and year of term and the jurisdiction common know and yet the true original  institution and fountain it self lie somewhat deep and obscure until it be  wrought out by antiquity which have so manifest the true sense of the ancient  act of parliament and the reason of our book concern the original and true  jurisdiction of this court as the very opposite be by venerable antiquity  enlighten be by reason convince and by authority satisfy and therefore they be  worthy of reprehension which contemn or neglect the study of antiquity which  be ever accompany with dignity as a wither and back look curiosity many men   ignoramus who non to lurk si old times  reading  to be we member of household   and as the Aluminor speak of in law give light and lustre to the letter or  figure to the colour so antiquity do give light with great grace and ornament  both for the understanding and meaning of the letter of ancient act of  parliament and of our book case and authority in law I wish the like be do for  all his majesty court of justice a matter to they that have orderly read and  well observe our book and authority of law of great labour than difficulty and  yet will the work great tend to the honour of the law and the prevent of many  question suit and unnecessary charge and delay Leonard Lovie's case X Leonard  Lovie's case be principal ground upon the statute of h cap and Henry cap of  will which statute may seem to be make and to twist out law prudentum  innate quality so many and such intricate and knotty question have grow out of  those root and yet add this last case to the former case report by I for  exposition of those statute to butler and baker in the three part of my report  foe sir George Cursons case in the six part foe sir Richard Pexals case in the  eight part may case ibidem vigil parkers ibidem c I be persuade that if not  all yet the principal scruple and doubt upon those statute be for the general  quiet of the whole realm clear and resolve and yet man of advice and settle  judgement will in their perfect health provide for their wife and child and by  sound advice of learned counsel settle their estate by conveyance in their  life time which may if they will be revocable at their pleasure and not to  leave it to stand whole upon their last will which many time be make when they  lie on their death bed and few man pinch with the messenger of death have a  dispose memory sometime in have and common by slender advice and be subject to  so many question upon conceal tenor in capite and other tenor by knight  service in this eagle eye world former conveyance and other matter of fact as  in effect they do for want of due information and instruction to go over  jurisprudentum arm and it be some blemish or touch to a man well esteem for  hiswisdom and discretion all his life to leave a trouble estate behind he  among his wife child or kindred after his death a competent estate to wife  child or kindred in certainty and quiet be far better than a great accompany  with question and trouble but hereof I have give also a light touch in the end  of butler and baker case before mention and therefore have give this  admonition I will here pass over to the next case dr Leifield's case XI doctor  Leifield's case wherein the reason of law be open wherefore charter and deed  plead ought to be show forth in court and a caveat give how dangerous it be in  evidence to a jury to prove deed and write by witness without show forth for  by that mean deed that be raze interline or otherwise adulterate or utter  insufficient for want of legal word or revocable and void against Fermors and  purchaser have by conceal and prove the effect of they by disposition of  unlearned man for want of good direction pass for good and authentical and  afterward the matter come in question again and the court direct upon  examination of the case that the deed ought to be show upon sight thereof the  insufficiency appear and to the right prevail which I have know both in the  court of common plea among other mich king James between small and Blackledge  and in the court of star Chamber in the case between green and ever and  sometime in my circuit since I be call to be a judge Seymor's case XII Edward  Seymor's case concern warranties a cunning kind of learning I assure you and  very necessary for the purchaser for it arm he not only with a sword by  voucher to get the victory of recompense by recovery in valve but with a  shield to defend a man freehold and inheritance by way of rebutter which Title  of the law be in I opinion excellent curious and curious excellent and yet  when you have read this case you will concur with I that it be more weighty  than difficult Beaufage's case XIII then come in Beaufage's case as well for  the safety of sheriff and their officer and minister as for avoid of extortion  sin Expilationis which in holy Writ in that imprecation against God enemy be  call a cousin sin let the extortioner consume that he have and let the  stranger spoil his labour wherein you shall find the statute of Henry c make  for avoid of extortion perjury and oppress which be for the most part link  together very well and justaly expound Denbawd's case XIV next follow  Denbawd's case for the just and due grant of tale de A standing round at the  assize for the better expedition of trial wherein as well the sheriff and  their minister as the party their atorneys and follower be to be warn that by  no practice or confederacy direct or indirect they procure not partial and  affect freeholder to stand in view or by any shift to be pack on the tale  whereby truth and justice may be subvert and the necessary Act of Henry c  sinister abuse for that be a high offence and to be punish by a grievous fine  imprisonment and other exemplary punishment lofield versus Clun XV twenty  lofield and Clun's case touch reservation of rend upon lease for year c and  how the same shall be confirned necessary to be know of all man because in  effect it concern all legate case XVI then follow Arthur legate case against  the rob of church and common wealth of the crown and of the country by colour  ofpestilent patent of thievish concealment Pilfold versus Cheyney XVII XVIII  after that Pilfold and Cheyney's case concern the true and legal manner of the  assess and inquire of damage c a necessary kind of learning for that many  error the cause of expense and delay have be therein often commit mayor de  Linn's case nineteeen next come the case of the mayor and burgess of king Linn  in the county of Norfolk wherein be well discuss what shall be deem in law the  true name of the corporation in substance to the end that bind covenant lease  grant or conveyance be not in respect of too much niceness and curiosity  therein against all honesty and just deal impeach and overthrow and to say the  truth I find not in any of our book from the beginning of the reign of Edward  until the reign of Edward that any bind lease grant or conveyance have be  overthrow by judgement in respect of the misnaming of the corporation but  after a window be once open it be a wonder to consider what light have be take  by corporation both spiritual and temporal by question and suit in law to  avoid their own lease grant and conveyance to the hindrance of multitude  andundoing of many under colour of misnaming themselves it grieve good man to  remember say movement apply  to bring together wave and this case be report  for the surety and quiet as well of their Fermors and other claim from they as  of themselves for estate covenant and other thing make unto they ut res  to greater extent to be strong how to pass away osborn case XXI then have you  osborn case wherein be at large resolve where false or incongruous Latin c  shall abate vitiate or make void writ specialty charter deed or record and  where not read versus Redman XXII read and Redman's case concern summons and  severance wherein you shall find when the death of the party sever shall abate  the Writ and when not and in some case where the death of one of the plaintiff  though he be not sever shall not abate the original Writ c r smith case XXIII  Richard smith case in what case a quare hinder lie de center point c church  case sur stat de sewer XXIV XXV XXVI then shall you read certain resolution  upon the statute and Commission of sewer a necessary kind of learning to be  know but more necessary I assure you to be put in due execution and that by  colour thereof a private be not privy intend when the public be open pretend  and in those case be well discuss what the commissioner of sewer may just and  safe do by their wisdom and discretion Scroop's case XXVII and last Scroop's  case touch a point of revocation very necessary to be know for that revocation  be grow so frequent and the resolution of this one point may prevent many  controversy that may have grow out of they and that most common between  brother and other near of blood and alliance if any do marvel that see the  matter of every particular case do rest in a narrow room and that my manner of  report be summary relate the effect of all that be say of the one side by it  self and so likewise of the other beginning ever with the objection and  conclude with the resolution and judgement of the court which I hold to be the  best order of relation wherefore diverse of these report be draw into so great  a length the Cause be apparent though I allow not of it that the question or  objection move at the bar and the argument draw from book case and other  authority in law be so many and to say the truth many question be raise rather  out of the weight of the matter than the difficulty of the case for I never  see any case of great valve proceed quiet without many exception in arrest of  judgement the ancient order of argument byour sergeant and apprentice of law  at the bar be altogether alter they never cite any book case or authority in  particular as be hold in Edward c but be as far as you agree in our livres you  be as far as you adjudge in term nul livres cite devant ceux jours or such  like which order yet remain in moots at the bar in the Inner temple to this  day then be the cite general but always true in the particular and now the  cite be particular and the matter many time mistake in general in those day  few case in law be cite but very pithy and pertinent to the purpose and those  ever pinch most and now in so long argument with such a farrago of authority  it can be but there be much refuse which ever do weaken or lessen the weight  of the argument this be easy help if the matter which ever lie in a narrow  roomth be first discern and then that every one that argue at the bar will  either speak to the purpose or else be short but see my desire be and ever  have be that the counsel learned and consequent the party may receive  satisfaction for which cause all the counsel that have argue in the case to be  adjudge ought to give diligent attendance and attention on those day when the  judge do argue which be ever public long before appoint and prefix on certain  day I have for that purpose the pain be I own and the matter not without some  fruit in the case of great consequence make the large report comprehend the  effect of all that be object and resolve and yet he may be a good Miner that  find and follow the main vein thoughhediscovereth not the small and unvaluable  fillet for there peradventure materiamsuperabit opus this only I will add as a  caveat to all the professor of the law that see their argument shall tend for  the find out of the true judgement of law for the better execution of justice  that therein they commit not manifest injustice for I be of opinion that he  that wrist or misapply any text book or authority of the law against his  proper and genuine sense yea though it be to confirm a truth do against  distributive justice which be to give to every one his own and let not those  that hear the argument themselves utter viva voice with the countenance and  gesture of live man in the seat of justice in open court fear that when they  shall read they private in a dead letter it will want much of the former grace  for though I confess that to have not to know how energy viva vox yet when  they shall read the effect of all that be speak at large at several time by  several person at the bench and at the bar by either part of many and diverse  Matterscollected and unite together and reduce and diem concern every  particular point it will case they of much labour and conduce much to the  fetling of their judgement and that if I be not deceive not without a student  delight and for that I be entreat to show as well the time when the register  the mirror of justice Glanville Briton Fleta the tale or novae narrative old  nature narrow places  Littleton and other book of the law now extant be  publish and where the author themselves appear not in those book who be the  author of the same as also the antiquity of sergeant at law for their  satisfaction they shall understand that first the register which contain the  original writ of the commonlaw be the ancient book of the law for the book  case and record of Edward lib Aff pl prove direct that original writ of assize  and other original writ have be time out of mind of man that be the beginning  whereof can be know either by remembrance read or record long before the  Conquest whereof I give here but a light touch for that I have cite the same  more at large in the preface to the d part of my commentary and I avoid as  much as I can unpleasing iteration and this book be call registrum porter in  the statute of Westminster cap because that the chancery be tanquaem officina  the whole of the laws all original writ issue out of that court now for the  authority thereof Bracton lib Tract de exception cap fol faith thus breve  indeed  come sit to shape and likeness maxim law because shortly few word  thought to carry out to put out explain as maxim law remember who be shortly  describe c are quaedam to shape sub that which is fixed grammatical case de  lesson de common council all royal power concession to assent to who indeed   not at all to move goblet without general consensus will the dawn now join  both these authority together a man may safe conclude that this book be most  ancient and of great authority I confess that by force of act of parliament in  succeed age diverse other writ original in case new happen be as appear in the  same add thereunto and of these ancient writ I will say as sir the smith a  secretary of state say that all the secretary in Christendom may learn of they  to express much matter in few and significant word for the mirror of justice  speculum justiciar the most of it be write long before the Conquest as by the  same appear and yet many thing add thereunto by horn a learned and discreet  man as it be suppose in the reign of Edward concern Glanville he write in the  reign of Henry the secondasappeareth by this book and what he be it appear in  my preface to my eight book a history in my opinion worthy the read and about  the same time be the treatise call the old tenor make Bracton as elsewhere I  have note write about the end of the reign of Henry the three Briton compose a  learned work and publish the same in Edward I as appear in h by the  commandment of Edward the first our Justinian the tenor whereof run in the  king name as if it have be write by he answerable to Justinians institute  which Justinian assume to himself although it be compose by other this John  Briton be bishop of Hereford and of great and profound judgement in the  commonlaws a excellent ornament to his profession and a safety and a solace  tohimself vide Stamford ask first r Fleta be a work well write by some learned  lawyer who be commit to the prison of the fleet have leisure to compile it  there and therefore style his book by the name of the fleet Fleta and conceal  his own name as in the preface to his work appear the author thereof be  unknown but it appear in his book that he live in the reign of king Edward and  Edward vide lib cap a who to take in hand lib cap a item quoth nullus but of  the certain time when it be first publish for peradventure it have addition  afterward there be some question make but in seek after this I find that this  book take the name of the prison of the fleet and that the fleet take the name  of the river run by it call the fleet the book entitle novae Narationes vouch  and allow in h by learned Prisot and his companion justice of the court of  common plea by the name of the tale be publish about the beginning of the  reign of king Edward and old nature narrow places  afterward in the reign of  the same king for f b the statute of Edward c be call Le novel statute but  since addition have be make thereunto of this book sir Anthony Fitzherbert in  his proem to his nature narrow places  faith as follow et auxy pur cel intent  purpose to be compose per un sage discreet home un liure appeal nature  narrow places  fortescue de praise law England this book be write in the reign  of king h in commendation of the law of England contain withal much excellent  matter worthy the read he write also a book in defence of the Title of king  Henry the six his sovereign lord and master to the crown of England but after  out of truth and conscience retract the same both which I have wherein he  deserve singular commendation in that he be not among the number of those who  swine to love wandering but yield to truth when he find it this sir John  fortescue be lord chief justice of England and afterward lord chancellor of  England and his posterity remain in great and good account to this day  Stathom's abridgment first publish in the reign of king Henry the six by  Stathom a learned lawyer of that time and the abridgment of the book of the  assize publish also about the same time but the author thereof be unknown  Littleton tenor a book of sound and exquisite learning comprehend much of the  marrow of the commonlaw write and publish by Thomas Littleton a grave and  learned judge of the court of common plea sometime of the Inner temple wherein  he have great furtherance by sir John Prisot lord chief justice of the court  of common plea a famous and expert lawyer and other the sage of the law who  flourish in those day of this book hotomon a civilian and canonist in his  commentary de word Feudalibus word feudum give his censure with what charity  or discretion judge learned reader Stephanus Pasaverinus distinguished man  ingenio c little book I England Littletonum devoted to quo feudorum  Anglicanorum jura to put out ita incondite absurd inconcinne scribe ut facile  that this only is apparent yes be quoth Polidorus Virgilius in England history  to scratch folly in eastern scales come ill will calumniand study to match of  hottoman and his author I may just say and will say no more willing be law  teacher non to come to know nor who to speak nor de who affirmeant and  therefore let we leave they among the number of those who vituperant who  ignorant it be a desperate and dangerous gerous matter for civilian and  canonist I speak what I know and not without just cause to write either of the  commonlaws of England which they profess not or against they which they know  not sure I be it be a ridiculous attempt and enterprise in I that because I  confess I have read some little part of the civil and canon law and that with  some good assistance and help by and by to write either of they or against  they but their page be so full of palpable error and gross mistake as these  new author be out of our charity pity and their book out of our judgement cast  away unanswered alas our book of law seem to they to be dark and obscure but  no wise man will impute it to the law but to their ignorance who by their sole  and superficial read of they can understandthedepth of they I will not sharpen  the Neb of my pen against they for that I pity the person and wish they have  more discretion for that I honour their profession and for Littleton tenor I  affirm and will maintain it against all opposite whatsoever that it be a work  of as absolute perfection in its kind and as free from error as any book that  I have know to be write of any human learning and the posterity of this sage  of the law unto who he be a great ornament do flourish unto this day of who a  man of great excellency in his profession have just say that he be a famous  lawyer c to who treaty of tenor say he the student of the commonlaws be no  less behold than the civilian to justinian institute fitzherbert abridgment be  painful and elaborate collect and publish in h by Fitzherbert then sergeant at  law and he write also another book call his nature narrow places  a exact work  exquisite pen and publish in h when he be sir Anthony Fitzherbert knight one  of the judge of the court of common plea about the same time he write his  treatise of justice of the peace wherewith the judge as I have see it report  find fault for that he therein affirm that justice of peace have by their  Commission authority to hear and determine felony c can not hear and determine  murder which among other they clear overrule that justice of peace lawful may  do doctor and student a book write in Henry dialogue wise between a doctor of  divinity and a student of the commonlaw the author name be S Germin a discreet  man and well read I assure you both in the commonlaw and in the civil and  canon law also a book entitle a treatise make by divine and other learned in  the law of the realm concern the power of the clergy and the law of the realm  publish in time of king Henry the eight and after the six and twenty year of  his reign for therein the Act of parliament make in that year be mention which  book I have the small treatise concern the manner of keep court baron and leet  c modus to hold hundred c returna narrow places  Charta fee c and ordinance  for fee in the exchequer be all publish in the end of the reign of king Henry  the eight the book call the diversity of court be compile after the saint year  of h for the statute of h for restitution of good upon indictment c be recite  fol a Stamford this book contain two part one of the plea of the crown the  other of a lesser volume of the prerogative of the king but the late be first  publish by sir William Stamford knight sometime of Grays inn a man excellent  learned in the commonlaws who posterity prosper at this day Parkins a little  treatise of certain title of the commonlaws witty and learned compose and  publish in the reign of king Edward by John Parkins a barrister of the Inner  temple I can pretermit the abridgment of the statute and the table to  fitzherberts great abridgment and the book of entry profitable and painful I  assure you gather and publish in the reign of the late queen marry but  especial the first two tend very much to the case and furtherance of the  professor of the law collect by William rastal a reverend judge of the court  of common plea and of great industry many thing be since add both to his  abridgment of statute and to the book of entry who original be also the author  of the book call the term of the law the lord brook abridgment first publish  in the that year of queen Elizabeth this be gather by sir Robert brook knight  chief justice of the court of common plea for his private use and be publish  long after his decease a worthy and painful work and a excellent repertory or  table for the yearbooks of the law say better be to strive for a spring how  castrated a small brook Plowden's commentary consist of two part both of they  learned and curious polish and publish by himself the one in the that year of  queen Elizabeth and the other in the saint year of the same queen work as they  well deserve with all the professor of the law of high account the author be a  ancient apprentice of the law of the middle temple of great gravity knowledge  integrity the lord dyer book contain the fruitful and summary collection of  that reverend father of the law sir James dyer knight late chief justice of  the court of common plea for his private use and remembrance and never intend  by he in this from to be make public but be as he leave they imprint after his  decease in the that year of queen Elizabeth the very original whereof write  with his own hand I have last master lambard collection of the office of  justice of the peace methodical write be publish towards the end of the reign  of queen Elizabeth concern the antiquity of sergeant at law it be evident by  the book of the mirror of justice justice lib cap of Loiers which treat of the  law of this realm and the minister thereof long before the Conquest that  sergeant at law be of ancient time call Narratores counter or Counteors  because the count or declaration comprehend the substance of the original Writ  and the very foundation of the suit of which part as of the worthy they take  their denomination and be all one in effect with that which in the civil law  be call little book and they lose not that name in the reign of king e as it  appear by the statute of wonder c and Edward for there he be call sergeant  countor to be a servant narrator and by the statute of articuli super Chartas  cap year  e nest my a intender and home ne poit aver counsel of countors of  sage gentle pur lour To give as a present where under this word counter  sergeant at law be include and until this day when any proceed sergeant he do  count in some real action at the bar of the court of common plea and under  these word sage gentle be include apprentice at law but since the reign of e  they have always be call to be a servant and law for their good service to the  common wealth by their sound advice in law and as in ancient time they that  preserve and keep the peace be call to be a servant peace or and peace so  these man be call to be a servant law or and law or in law c and in that  ancient treatise of the mirror of justice where above Counteurs be describe to  be sergeant skilful in law of the realm which serve the common people to  pronounce and defend their action in judgement for their fee who duty be there  excellent describe this prove the great antiquity of the sergeant at law Inter  placita de parliament tent at ashering and Edward in that great case of Thomas  de Weylond it be say to be a servant in law custom England expert c and in all  our book of year and term from the beginning there be mention make of they as  in Edward sergeant Le roy c and in Edward S there be mention make of a  apprentice and he be call a apprentice of the law of this word apprender for  that he ought to be apprise in la lie and have manifest the same by open read  upon some statute in that inn of court whereof he be fellow and be next in  degree under a sergeant and this appellation be very ancient and so be prove  Rotulo Paliamenti in tomorrow Epiphaniae year  Edward rot in back the Act say  de Atturnatis Apprenticiis dominus king injuxit John de Mettingham associate  n'est quoth Self per the dawn separation to see in advance to order  that which is fixed rhythm de whithersoever you please county  c and so be far  provide by a record inter communia placita tent in Hustingo London die Lunae  in holiday consecrated mercy papae year  Reg Edward post complaint  videlicet  die Jupiter proxime ante holiday consecrated gregorii papae year  domini ego  Johannes Tavie armiger law mind of me a god c item law all property of me come  omnibus pertinentiis who to have in part Australi in parish consecrated  andreae c aliciae of or belonging to a wife I and totum boundary vitae  of oneself et quoth post departure prediction aliciae totutum mock hospitium  in quo Apprenticii law to dwell to use per executor meo si to keep alive to be  c to sell quoth de money ind to take wholly One chaplain fit pro anima of me c  celebrand provided   money that to abide to come upon item law totum mock  property in quo dwell in come three shopis post departure Self aliciae and  workshop church consecrated andreae out of this record I observe three thing  first for the antiquity of apprentice of the law that the house of chancery in  Holborn now call Tavies inn have be of ancient time before the rd year of  Edward which be about year pass a house of court wherein the apprentice of the  law be wont to inhabit for the antiquity and true name of that house of  chancery right call Tavies inn that upon this will the case in r title devise  Fitzherbert be adjudge that the remainder of the house devise to the say Alice  for life belong to the parson of the church of Holborn and his successor and  in Edward f b in a quoth ei deforceat Ingleby sergeant of counsel with the  tenant take this exception this Writ say he be find upon a record precedent  and therefore we pray that the demandant may put the record whereupon this  Writ depend in certain and in case of attaint and to know facias which depend  upon record the tenant shall have oyer of the record Wilby and shipwith this  be never any exception in this place but we have hear it oftentimes among the  apprentice in house of court and concern apprentice of law thus much shall  suffice the manner of the creation of sergeant be also most ancient for it be  by Writ which be common find in very ancient register and continue to this day  in this from king c William Herle health because de advisamento council  our men  ordinavim thou and position step to be a servant and law in quindena  consecrated michaelis neighbor future suscipiend thou mandamus really  injungent quoth thou and position step prediction and diem that in form  prediction suscipiend to order to make ready beforehand hoc sub penalty mille  a balance testae meipso c wherein for the dignity of he it be to be observe  that he be call by the king by advice of his Council in that behalf by the  king Writ the Writ be direct to he in the plural number thou a special mark of  dignity that he be call and position step to be a servant and law and in the  Act of parliament of h cap of the sergeant it be say when he take the same  state upon he and in the Act of parliament of e cap all creation of sergeant  deal lie c and creation be ever apply to dignity but it be true that the say  Writ be not put into the print register no more than writ to call any to be a  baron of the realm or of high dignity for that those writ original be only de  agreeableness king and such as be publish in the print register be original de  jure law of the solemnity of his call videlicet his hood robe coif and other  significant ornament of the great and sumptuous Feast they make of the ring of  gold they give of their attendant and other great and honourable ceremony I  purpose not at this time be not pertinent to the question I have in hand to  write any thing at all their ancient reputation be I assure my self the better  continue because they without the least alteration continue the ancient habit  and ornament belong to their state and degree for most common the ancient  reverence of any profession vanish away with change of the ancient habit  albeit the new be more costly courtly and curious and in the Act of parliament  of h cap he have both position step have the precedency of diverse that sit on  the high bench in a court of great eminency in Westminster hall but sing there  be no remedy give by law for precedency I deal only with matter in law mean  not to meddle with it and albeit I have learned more of the antiquity of this  state and degree in the school of venerable antiquity yet hereof thus much for  this time shall suffice et to be strong who board over lie antiquity  to build upon of these sergeant as of the seminary of justice be choose judge  for none can be a judge either of the court of king bench or of the common  plea or chief baron of the exchequer unless he be a sergeant neither can he be  of either of the sergeant inn unless he have be a sergeant at law for it be  not call judge or justice inn but sergeant inn for I have know baron of the  exchequer that be not of the coif and yet have judicial place and voice remain  in the house of court whereof they be fellow and wear the habit of apprentice  of the law but I persuade my self you desire to read the case whereof I have  give you a taste time be reality the whole of the laws sancta adir penetralia  and therefore here will take my leave of the good student to who I wish with  his increase of read more and more a delight in this study a excellent mean to  attain unto augmentation of venerable knowledge which be one of the end of my  labour not know what better thing to desire for he and conclude with this  consisting of two rows. and direction to learn modus be dumb te not to know  to see paten  say assidue paten  say ut to taste of