The Works of Francis Bacon: Lord High Chancellor of England, Volumen3

'THE USE OF THE LAW: PROVIDED FOR PRESERVA-

OF ALL Persons, Goods, AND GOOD

NAMES.

What the Use of the Law principally consisteth

in...

247

Surety to keep the peace...

247

Action of the case, for slander, battery, &c.... 247

Appeal of murder given to the next of kin.... 247

Manslaughter, and when a forfeiture of goods,

and when not.

248

Felo de se, felony by mischance, deodand..... 248

Cutting out of tongues, and putting out of eyes,

made felony......

248

The office of the constable ...

218

Two high constables for every hundred, and

one petty constable for every village ..... 248

The King's Bench first instituted, and in what

matters they anciently had jurisdiction... 248

The court of Marshalsea erected, and its juris-

diction within twelve miles of the chief tun-

nel of the king, which is the full extent of

the verge......

248

Sheriff's Tourn instituted upon the division of

England into counties : the charge of this

court was committed to the earl of the

same county

Subdivision of the county courts into hundreds 249

The charge of the county taken from the earls,

and committed yearly to such persons as

it pleased the king..

The sheriff is judge of all hundred courts not

given away from the crown...... 249

County courts kept monthly by the sheriff.... 249

The office of the sheriff...

Hundred courts, to whom first granted..... 249

Lord of the hundred to appoint two high con-

stables..

... 249

Of what matters they inquire of in leets and

law-days....

Conservators of the peace, and what their office

Conservators of the peace by virtue of their

office.

Recognisance of the peace Jelivered by the

5. Of the peace..

250

Justices of peace ordained in lieu of conserva-

tors ; of placing and displacing of justices

of peace by use delegated from the king to

the chancellor ...

250

The power of the justice of peace to fine the

offenders to the crown, and not to recom-

pense the party grieved.....

250

Authority of the justices of peace, through

whom ran all the county services to the

250

Beating, killing, burning of houses.

250

Attachments for surety of the peace..

justices at their sessions..... ... 250

Quarter-sessions held by the justices of peace. 250

The authority of justices of the peace out of

their sessions...

250

Judges of assize came in place of the ancient

judges in eyre, about the time of R. H.... 251

England divided into six circuits, and two

learned men in the laws assigned by the

king's commission to ride twice a year

through those shires allotted to that circuit,

for the trial of private titles to lands and

goods, and all treasons and felonies, which

the county courts meddle not in......... 251

The authority of the judges in eyre translated

by Parliament to justices of assize...... 251

The authority of the justice of assizes much

lessened by the Court of Common Pleas,

erected in Henry IIl's. time...... 251

The justices of assize have at this day five

commissions by which they sit, viz., 1.

Oyer and Terminer. 2. Jail Delivery. 3.

To take assizes. 4. To take Nisi Prius.

251

Book allowed to clergy for the scarcity of

them to be disposed in religious houses.. 252

The course the judges hold in their circuits in

the execution of their commission concern-

ing the taking of Nisi Prius....... 253

The justices of the peace and the sheriff are to

attend the judges in their county........ 253

Of property of lands to be gained by entry.. 253

Land left by the sea belongeth to the king..... 253

Property of lands by descent....

254

Three rules of descent..

254

Customs of certain places..

254

Every heir having land is bound by the binding

acts of his ancestors, if he be named..... 254

Property of lands by escheat..

255

In escheat two things are to be observed... 255

Concerning the tenure of lands. ....... 255

The reservations in knight's service tenure are

four..

256

Homage and fealty......

256

Knight's service in capite is a tenure de per-

sona regis.

256

Grand serjeantry, petty serjeantry............ 256

The institution of soccage in capite, and that

it is now turned into moneys rents...... 256

Ancient demesne, what.....

256

Office of alienation......

256

How manors were at first created. ........... 256

Knight's service tenure reserved to common

persons....

257

Soccage tenure reserved by the lord....... 257

was .......

.....

crown.

....... 250

lord.....

259

Villenage or tenure by copy of court-roll...... 257 Legacies are to be paid before debts by shop

Court baron, with the use of it......... 257 books, bills unsealed, or contracts by word 266

What attainders shall give the escheat to the An executor may pay which legacy he will first.

257 Or if the executors do want, they may sell

Prayer of clergy..

257

any legacy to pay debts..

258 administration is to be committed cum tes-

He that standeth mute forfeiteth no lands, ex-

When a will is made, and no executor named,

cept for treason..

He that killeth himself forfeiteth but his

Flying for felony a forfeiture of goods.

258 ARGUMENTS IN LAW IN CERTAIN GREAT AND

Lands entailed, escheat to the king for treason 258

DIFFICULT Cases.....

267

A person attainted may purchase, but it shall The Case of Impeachment of Waste..

......... 268

be to the king's use...

258 The Argument in Low's Case of Tenures.... 276

Property of lands by conveyance is first distri-

The Case of Revocation of Uses.....

290

buted into estates, for years, for life, in tail, The Jurisdiction of the Marches....

285

and fee simple.....

THE LEARNED READING OF MR. FRANCIS BA-

Lease for years go to the executors, and not to

cor, UPON THE STATUTE OF Uses, being

the heirs...

259

Leases, by what means they are forfeitable.... 259

his double reading to the Honourable So-

ciety of Gray's Inn, 42 Eliz........ 295

What livery of seisin is, and how it is requisite

to every estate for life.........

259 | THE OFFICE OF CONSTABLES, ORIGINAL AND

Of the new device, called a perpetuity, which

Use or Court's LEET, SHeriff's Turn,

is an entail with an addition........ 260

&c., with the Answers to the Questions

The inconveniences of these perpetuities..... 260 propounded by Sir Alexander Hay, Knt.,

The last and greatest estate in land is fee

touching the Office of Constables.... 315

simple.....

260

The difference between a remainder and a

An AccounT OF THE LATELY ERECTED SER-

reversion...

260

VICE, CALLED THE OFFICE OF COMPOSI-

319

What a fine is..

261

TIONS FOR ALIENATIOxs.

What recoveries are..

261

What a use is......

262

THE GREAT INSTAURATION OF LORD

A conveyance to stand seised to a use. 262

BACON.

Of the continuance of land by will..

262

329

Property in goods: 1. By gift. 2. By sale.

Editor's Preface..
Introduction.

332
3. By stealing. 4. By waving. 5. By

333

straying. 6. By shipwreck.

8. By executorship....... 264

338

By letters of administration.....

Distribution of the Work....

Where the intestate had bona notabilia in

divers dioceses, then the archbishop of

SECOND PART OF THE GREAT INSTAURATION.

that province where he died is to commit

THE Novcm ORGANUM; OR, FIVE SUGGES-

administration ....

An executor may refuse the executorship before

THE INTERPRETATION

NATURE.

3.13

the bishop, if he have not intermeddled

Preface......

343

with the goods.....

Summary of the Second Part, digested in

An executor ought to pay, 1. Judgments. 2.

Aphorisms...

346

Stat. Recog. 3. Debts by bonds and bills

Aphorisms on the Interpretation of Nature and

sealed. 4. Rent unpaid. 5. Servants'

the Empire of Man......

345

wages.
6. Head workmen. 7. Shop

The Second Book of Aphorisms on the Inter-

book, and contracts by word...

pretation of Nature, or the Reign of Man 37!

Debts due in equal degree of record, the execu-

tor may pay which of them he pleases A PREPARATION FOR A NATURAL AND EXPE-

before suit be commenced....

But it is otherwise with administrators.

RIMENTAL HISTORY

426

A Description of such a Natural and Experi-

Property by legacy.....

mental History as shall be sufficient and

468

suitably arranged for forming the basis and THE HISTORY OF LIFE AND DEATH.

foundation of a true philosophy....... 426

To the Reader.....

467

Aphorisms on the Formation of the first History 427

To the present Age and Posterity..

467

Catalogue of Particular Histories, arranged

The Preface....

under heads..

.... 431

The Particular Topic-Places; or, Articles of

Inquisition touching Life and Death..... 469

THIRD PART OF THE GREAT INSTAURATION.

Nature durable, and not durable....... 470

A NATURAL AND EXPERIMENTAL HISTORY, to

Desiccation, prohibiting of Desiccation, and

inteneration of that which is desiccated

serve as a Foundation for Philosophy, or

and dried......

434, 435

472

Phenomena of the Universe. .....

Length and shortness of life in living crea-

Dedication to the most illustrious and excel.

434

tures......

lent Prince Charles......

The Rule of this present History...... 436

Alimentation or Nourishment; and the way of

437

The Entry into the History of Winds.....

nourishing .....

478

Length and Shortness of Life in Man.. 479

Particular Topics: or, Articles of Inquisition

Medicines for long life....

438

488

concerning the Winds...

I. The operation upon the spirits, that

Free winds.....

441

they may remain youthful, and retain

Stayed or certain winds. .....

442

II. The operation upon the exclusion of

443

the air......

496

Customary or attending winds..

The qualities and powers of winds..

444

III. The operation upon the blood, and the

446

Local beginnings of winds...

498

sanguifying heat......

Accidental generations of winds......

..... 449

IV. The operation upon the juices of the

Extraordinary winds and sudden blasts.. 449

body ....

499

Helps to winds; namely, to original winds 450 V. The operation upon the bowels of their

The bounds of winds..

452

extrusion of aliment...

501

Successions of winds...

452 VI. The operation upon the outward parts

The motion of the winds..

452

for their attraction of aliment....... 504

The motion of winds in the sails of ships 455

VII. The operation upon the aliment itself,

The motion of winds in other engines of

for the insinuation thereof......... 504

man's invention...

457

VIII. The operation upon the last act of assi-

Prognostics of winds.

458

milation ....

505

Imitations of winds.....

461

IX. The operation upon the inteneration of

Movable rules concerning winds.

462

that which begins to be arefied, or the

malacissation of the body... 506

A human map, or optatives, with such

things as are next to them concerning

X. The operation upon the purging away of

winds..

463

old juice, and supplying of new

juice; or of renovation by turns.... 508

''RE History of DENSITY AND Rarity.

The porches of death......

508

T'he entrance ......

464 The differences of youth and old age..

511

Movable canons of the duration of life and

THE HISTORY OF HEATI AND LIGHT.

form of death..

512