th one stream is swift and
more plentiful of water than when it is drained or drawn into many
branches, so the lands and goods of the ancestors being dispersed amongst
their issue males, of one strong there were raised sundry weak, whereby
the original or general strength to resist the adversary became enfeebled
and brought almost to nothing. "_Vis unita_ (saith the philosopher)
_fortior est eadem dispersa_," and one good purse is better than many
evil; and when every man is benefited alike each one will seek to maintain
his private estate, and few take care to provide for public welfare.
_Burrowkind_ is where the youngest is preferred before the eldest, which
is the custom of many countries of this region: also the woman to have the
third of her husband's possessions, the husband that marrieth an heir to
have such lands as move by her during his natural life if he survive her
and hath a child by her which hath been heard cry through four walls, etc.
Of such like to be learned elsewhere, and sometimes frequented generally
over all.
Prescription is a certain custom which hath continued time out of mind,
but it is more particular than customary law, as where only a parish or
some private person doth prescribe to have common, or a way in another
man's soil, or tithes to be paid after this or that manner, I mean
otherwise than the common course and order of the law requireth.
Whereof let this suffice at this time, instead of a larger discourse of
our own laws, lest I should seem to enter far into that whereof I have no
skill. For what hath the meditation of the law of God to do with any
precise knowledge of the law of man, sith they are several trades, and
incident to divers persons?
There are also sundry usual courts holden once in every quarter of the
year, which we commonly call terms, of the Latin word _terminus_, wherein
all controversies are determined that happen within the queen's dominions.
These are commonly holden at London, except upon some great occasion they
be transferred to other places. At what times also they are kept, both for
spiritual and temporal dealing, the table ensuing shall easily declare.
Finally, how well they are followed by suitors, the great wealth of
lawyers without any travel of mine can readily express. For, as after the
coming of the Normans the nobility had the start, and after them the
clergy, so now all the wealth of the land doth flow unto our common
lawyers, of whom some one h
|