the first part of the institute of the law of England or a commentary upon  Littleton not the name of the author only but of the law it self the preface  a god native land flute prooemium the name and degree of our author our author  a gentleman of a ancient and fair descend family de Littleton take his name of  a town so call as that famous chief justice sir John de Markham and diverse of  our profession and other have do Thomas de Littleton lord of Frankley have  issue Elizabeth his only child and do bear the arm of his ancestor his arm  videlicet argent a chevron between three escalop shell sable the bear hereof  be very ancient and honourable for the senator of Rome do wear bracelet of  escalop shell about their arm and the knight of the honourable order of S  Michael in France do wear a collar of gold in the from of escalop shell at  this day hereof much more may be say but it belong unto other with this  Elizabeth marry Thomas Westcote esquire the king servant in court Thomas  Westcote a gentleman ancient descend who bear argent a bend between two  Cotisses sable a bordure engrail gules Bezantie but she be fair and of a noble  spirit and have large possession and inheritance from her ancestor de  Littleton and from her mother the daughter and heir of Richard de Quatermains  and other her ancestor ready mean in time to work her own desire resolve to  continue the honour of her name as do the daughter and heir of Charleton with  one of the son of knightly and diverse other and therefore prudent while it be  in her own power provide by Westcotes assent before marriage that her issue  inheritable shall be call by the name of de Littleton these two have issue  four son Thomas Nicholas Edmund and guy and four daughter our author bear his  mother surname Thomas the old be our author who bear his father Christian name  Thomas and his mother surname de Littleton and the arm de Littleton also and  so do his posterity bear both name and arm to this day Camden in his britain  say thus Thomas Littleton alias Westcote the famous lawyer to who treatise of  tenor the student of the commonlaw be no less behold than the civilian to  Justinians institute the dignity of this fair descend family de Littleton have  grow up together and spread it self abroad by match with many other ancient  and honourable family to many worthy and fruitful branch who posterity  flourish at this day and quarter many fair coat and enjoy fruitful and opulent  inheritance thereby he be of the Inner temple and read learned upon the  statute of wonder de gift conditional which we have he be afterward call and  position step to be a servant and law and be steward of the court of the  Marshalsea of the king household and for his worthiness be make by king h his  sergeant king sergeant and road justice of assize the Northern circuit which  place he hold under king e until he in the six year of his reign constitute he  one of the judge of the court of common plea judge of the common plea and then  he road north amptonshire circuit the same king in the year of his reign with  the prince and other noble and gentleman of ancient blood honour he with  knighthood of the bath knight of the bath he compile this book when he be  judge after the fourteenth year of the reign of king e but the certain time we  can yet attain unto when he write this book but as we conceive it be not long  before his death because it want his last hand for that tenant by elegit  statute merchant staple be in the table of the first print book and yet he  never write of they our author in compose this work have great furtherance in  that he flourish in the time of many famous and expert sage of the law the  decease of his contemporary sir Richard Newton sir John Prisot sir Robert  Danby sir Thomas Brian sir pierce arderne sir Richard choke Walter moil  William Paston Robert Danvers William ascough and other justice of the court  of common plea and of the king bench sir John June sir John hody sir John  fortescue sir John Markham sir Thomas Billing and other excellent man flourish  in his time and of worldly blessing I account it not the least that in the  beginning of my study of the law of this realm the court of justice both of  equity of law be furnish with man of excellent judgement gravity and wisdom as  in the chancery sir Nicholas Bacon and after he sir Thomas Bromley in the  exchequer Chamber the lord Burghley lord high treasurer of England and sir  Walter Mildemay chancellor of the exchequer in the king bench sir Christopher  Wray and after he sir John Popham in the common plea sir James dyer and after  he sir Edmund Anderson in the court of exchequer sir Edward sander after he  sir John Jefferey and after he sir Roger manwood man famous among many other  in their several place and flourish and be all honour and prefer by that  thrice noble and virtuous queen Elizabeth of ever bless memory of these  reverend judge and other their associate I must ingenuous confess that in her  reign I learned many thing which in these institute I have publish and of this  queen I may say that as the rise be the queen of flower and smell more sweet  when it be pluck from the branch so I may say and justify queen Elizabeth that  she by just desert be the queen of queen and of king also for religion piety  magnanimity and justice who now by remembrance thereof since almighty God  gather her to himself be of great honour and renown than when she be live in  this world you can question what rise I mean for take the read or the white  she be not only by royal descent and inherent birthright but by rosiall beauty  also heir to both and though we wish by our labour which be but a small hovel  law the cradle of the law delight and profit to all the student of the law in  their beginning of their study to who the first part of the institute be  intend yet principal to my love friend the student of the honourable and  worthy society of the Inner temple Inner temple Clifford inn lion inn and  Clifford inn and of lion inn also where I be sometime reader and yet of they  more particular to such as have be of that famous university of Cambridge Alma  of me mater and to my much honour belove alley friend of the county of Norfolk  my deer native country and of Suffolk where I pass my middle age of  Buckinghamshire where in my old age I live in which county we out of former  collection compile these institute but now return we again to our author his  marriage he marry with Johan one of the daughter and coheir of William burley  of Broomescroft castle in the county of Salop a gentleman of ancient descent  and bear the arm of his family argent a fesse checky or and azure upon a lion  rampant sable arm gules and by her have three son his issue sir William  Richard the lawyer and Thomas the establishment of his posterity by the match  of his three son with virtue good blood in his life time he as a love father  and a wise man provide match for these three son in virtuous and ancient  family that be to say for his son sir William Ellen daughter and coheir of  Thomas Welsh esquire who by her have issue Johan his only child marry to sir  John Aston of Tixall knight and for the second wife of sir William marry the  daughter of William Whittington esquire who posterity in Worcestershire  flourish to this day for Richard Littleton his second son to who he give good  possession of inheritance he give possession of inheritance to his young son  for their better advancement Alice daughter and heir of William Winsbury of  Pilleton hall in the county of Stafford esquire who posterity prosper in  Staffordshire to this day and for Thomas his three son to who he give good  possession of inheritance whether   daughter and heir of John botreaux esquire  who posterity in Shropshire continue prosperous to this day thus advance he  his posterity and his posterity by imitation of his virtue have honour he his  last will he make his last will testament the day of August in the year of the  reign of king Edward the four whereof he make his three son a parson his  executor a vicar a servant of his executor constitute supervisor thereof his  true faithful friend John Alcock doctor of law of the famous university of  Cambridge his Superviser then bishop of Worcester a man of singular piety  devotion chastity temperance holiness of life who among other of his pious  charitable work find jesus college in Cambridge a fit and fast friend to our  honourable virtuous judge his age he leave this life in his great good age on  the day of the month of August in the say year of the reign of king Edward the  four his departure for it be observe for a special blessing of almighty God  that few or none of that profession die without a will improles without will  without child which last will be prove the of November follow in the  prerogative court of Canterbury for that he have good notabilia in diverse  diocese but yet our author life still in over all law discretion Littleton be  nam in h and in h some do hold that it be no error either in the reporter or  printer but that it be Richard the son of our author who in those day profess  the law and have read upon the statute of west because multaper ill will unto  who his father dedicate his book and this Richard die at Pilleton hall in  Staffordsh in h his sepulchre the body of our author be honourable inter in  the cathedral church of Worcester under a fair tomb of marble with his statue  of portraiture upon it together with his own match the match of some of his  ancestor and with a memorial of his principal title and out of the mouth of  his statue proceed this prayer fili God miserere urinate which he himself  cause to be make and finish in his life time remain to this day his wife Johan  lady Littleton survive he and leave a great inheritance of her father and  Ellen her mother daughter heir of John Grendon esquire and other her ancestor  to sir William Littleton her son this work be not publish in print either by  our author himself or Richard his son or any other until after the deceases  both of our author and of Richard his son when this work be publish for I find  it not cite in any book or report before sir Anthony Fitzherbert cite he in  his nature narrow places  who publish that book of his nature narrow places   in h which work of our author in respect of the excellency thereof by all  probability shall have be cite in the report of the reign of e r h or h or by  S Jermyn in his book of the doctor and student which he publish in the three  and twenty year of h if in those day our author book have be print notam and  yet you shall observe that time do ever give great authority to work and write  that be of great and profound learning than at the first they have when this  work be first imprint the first impression that I find of our author book be  at roan in France by William Le Tailier for that it be write in French and  earnestness richardi Pinson at the instance of Richard Pinson the printer of  king h before the say book of nature narrow places  be publish and therefore  upon these and other thing that we have see we be of opinion that it be first  print about the four and twenty year of the reign of king h since which time  he have be common cite and as he deserve more and more high esteem his picture  he that be desirous to see his picture may in the church of Frankley and hale  Owen see the grave and reverend countenance of our author the outward man but  he have leave this book as a figure of that high noble part the figure of his  mind that be of the excellent and rare endowment of his mind especial in the  profound knowledge of the fundamental law of this realm he that diligent read  this his excellent work shall behold the child and figure of his mind which  the more often he behold in the visiall line and well observe he the more  shall he just admire the judgement of our author and increase his own this  only be desire that he have write of other part of the law and special of the  rule of good plead the heart string of the commonlaw wherein he excel for of  he may the say of our English poet be verify thereto he can indite and make a  thing there be no wight can pinch at his write good plead so far from  exception as none can pinch at it this skill of good plead he high in this  work commend to his son and under his name to all other student son of his law  he be learned also in that be which be so necessary to a complete lawyer logic  I mean logic as you shall perceive by read of these institute wherein be  observe his syllogism induction and other argument and his definition  description division etymology derivation signification and the like certain  it be that when a great learned man who be long in make die much learning die  with he the commendation of his work that which we have former write that this  book be the ornament of the commonlaw and the most perfect and absolute work  that ever be write in any humane science and in another place that which I  affirm and take upon I to maintain against all opposite whatsoever that it be  a work of as absolute perfection in his kind and as free from error as any  book that I have know to be write of any humane learning shall to the diligent  and observe reader of these institute be make manifest and we by they which be  but a commentary upon he be deem to have full satisfy that which we in former  time have so confident affirm and assume his great commendation because it be  of great profit to we be that by this excellent work which he have studious  learned of other he faithful teach all the professor of the law in succeed age  the victory be not great to overthrow his opposite for there be never any  learned man in the law that understand our author but concur with I in his  commendation Habae for legitimate veneration whoever to be eminent for  whatsoever excel have just honour due to it such as in word have endeavour to  offer he disgrace never understand he and therefore we leave they in their  ignorance and wish that by these our labour they may know the truth and be  convert but herein we will proceed no further for fool be out of tune belief  carefully to show to be false it be mere folly to confute absurd opinion with  too much curiosity and albeit our author in his three book cite not many  authority yet he hold no opinion in any of they but be prove and approve by  these two faithful witness in matter of law authority and reason certain it be  when he raise any question and show the reason on both side the latter opinion  be his own and be consonant to law we have know many of his case draw in  question notam but never can find any judgement give against any of they which  we can affirm of any other book or edition of our law in the reign of our late  sovereign lord king James of famous and ever bless memory it come in question  upon a demurrer in law whether the release to one trespasser shall be  available or no to his companion sir Henry Hobart that honourable judge and  great sage of the law and those reverend and learned judge Warburton winch and  Nichols his companion give judgement accord to the opinion of our author and  open say that they owe so great reverence to Littleton as they will not have  his case dispute or question and the like you shall find in this part of the  institute thus much though not so much as his due have we speak of he both to  set out his life because he be our author and for the imitation of he by other  of our profession what be endeavour by these institute we have in these  institute endeavour to open the true sense of every of his particular case and  the extent of every of the same either in express word or by implication and  where any of they be alter by any latter Act of parliament to observe the same  and wherein the alteration consist certain it be that there be never a period  nor for the most part a word nor a c but afford excellent matter of learning  but the module of a preface can express the observation that be make in this  work of the deep judgement and notable invention of our author we have by  comparison of the late and modern impression with the original print vindicate  our author from two injury first from diverse corruption in the late and  modern print and restore our author to his own second from all addition and  encroachment upon he that nothing may appear in his work but his own the  benefit of these institute our hope be that the young student who heretofore  meeting at the first and wrestle with as difficult term and matter as in many  year after be at the first discourage as many have be may by read these  institute have the difficulty and darkness both of the matter and of the term  word of be in the beginning of his study facilitate explain unto he to the end  he may proceed in his study cheerful and with delight and therefore I have  term they institute wherefore call institute because my desire be they shall  institute and instruct the studious and guide he in a ready way to the  knowledge of the national law of England wherefore publish in English this  part we have and not without precedent publish in English for that they be a  introduction to the knowledge of the national law of the realm a work  necessary and yet heretofore not undertake by any albeit in all other  profession there be the like we have leave our author to speak his own  language have translate he into English to the end that any of the nobility or  gentry of this realm or of any other estate or profession whatsoever that will  be please to read he these institute mayunderstand the language wherein they  be write I can conjecture that the general communicate of these law in the  English tongue can work any inconvenience but introduce great profit see that  ignorance law non excuse ignorance of the law excuse not maxim and herein I be  justify by the wisdom of a parliament the word whereof be that the law and  custom of this realm the rather shall be reasonable perceive and know and  better understand by the tongue use in this realm and by so much every man may  the better govern himself without offend of the law and the better keep save  and defend his heritage and possession and in diverse region and country where  the king the noble and other of the say realm have be good governance and full  right be do to every man because that the law and custom be learned and use in  the tongue of the country maxim as more at large by the say Act and the  purview thereofmayappeare et no one it is necessary be to taste of law no man  ought to be wise than the law and true it be that our book of report and  statute in ancient time be write in such French as in those time be common  speak and write by the French themselves but this kind of French that our  author have use be most common write and read our author kind of French and  very rare speak and therefore can be either pure or well pronounce yet the  change thereof have be so long accustom shall be without any profit but not  without great danger and difficulty for so many ancient term and word draw  from that legal French be grow to be vocabula arm vocable of be so apt  significant to express the true sense of the law be so weave into the law  themselves as it be in a manner impossible to change they neither ought legal  term to be change in school divinity and among the glossographer and  interpreter of the civil and canon law in logic and in other liberal science  you shall meet with a whole Army of word which can defend themselves in Bello  grammaticali in the grammatical war and yet be more significant Compendious  and effectual to express the true sense of the matter than if they be express  in pure Latin wherefore call the first part this work we have call the first  part of the institute for two cause first for that our author be the first  book that our student take in hand second for that there be some other part of  institute not yet publish videlicet the second part be a commentary upon the  statute of great Charta Westminster I and other old statute the three part  treat of criminal cause and plea of the crown which three part we have by the  goodness of almighty God already finish the four part we have purpose to be of  the jurisdiction of court but hereof we have only collect some material  towards the raise of so great and honourable a building we have by the  goodness and assistance of almighty God bring this twelve work to a end in the  eleven book of our report we have relate the opinion and judgement of other  but herein we have set down our own before I enter into any of these part of  our institute I acknowledge I own weakness and want of judgement to undertake  so great work direct my humble suit and prayer to the author of all goodness  and wisdom out of the book of wisdom pater Deus pity Dam I fedium thy  assistriceur prudence to cause to go she de sky saint tuis a seed size thy ut  I sit I to labor ut to know quid receipts  sit at te Oh father and God of  mercy give I wisdom the assistant of thy seat Oh send her out of thy holy  heaven and from the seat of thy greatness that she may be present with I and  labour with I that I may know what be please unto thou amen our author have  divide his whole work into three book in his first he have divide estate in  land and tenement in this manner for res per division well uncover our author  deal only with the estate and term abovesaid somewhat we shall speak of estate  by force of certain statute as of statute merchant statute staple and elegit  whereof our author intend to have write and likewise to executor to who land  be devise for payment of debt and the like I shall desire that the learned  reader will not conceive any opinionagainst any part of this painful and large  volume until he shall have advice read over the whole and diligent search out  and well consider of the several authority proof and reason which we have cite  and set down for warrant and confirmation of our opinion throughout this whole  work I advice to the student be that before he read any part of our commentary  upon any section that first he read again and again our author himself in that  section and do his best endeavour first of himself and then by conference with  other which be the life of study to understand it and then to read our  commentary thereupon and no more at any one time than he be able with delight  to bear away and after to meditate thereon which be the life of read but of  this argument we have for the better direction of our student in his study  speak in our epistle to our first book of report and albeit the reader shall  not at any one day do what he can reach to the meaning of our author or of our  commentary yet let he no way discourage himself but proceed for on some other  day in some other place that doubt will be clear our labour herein be draw out  to this great volume for that our author be twice repeat once in French and  again in English