READING ON THE STATUTE OF USES. 335 



disinherison of many. Now the favour of the law unto heirs 

 appeareth in many parts of the law ; of descent which pri- 

 vilegeth the possession of the heir against the entry of him 

 that hath right by the law ; that a man shall not warrant 

 against his heir, except he warrant against himself, and 

 dTvers other cases too long to stand upon ; and we see the 

 ancient law in GlanvilPs time was, that the ancestor could 

 not disinherit his heir by grant, or other act executed not in 

 time of sickness; neither could he alien land which had 

 descended unto him, except it were for consideration of Glanb.b.7.ch. 

 money or service; but not to advance any younger brother 1. fo. 44. 

 without the consent of the heir. 



2. For trials, no law ever took a stricter course that evi- They are both 

 dence should not be perplexed, nor juries inveigled, than obscure and 



T r -r-i &amp;gt; i j j.1. J doubtful for 



the common law of England ; as on the other side, never trial&amp;gt; 

 law took a stricter or more precise course with juries, that 

 they should give a direct verdict. For whereas in a manner 

 all laws do give the triers, or jurors (which in other laws 

 are called judges de facto) leave to give a non liquet, that 

 is, no verdict at all, and so the cause to stand abated ; our 

 law enforceth them to a direct verdict, general or special ; 

 and whereas other laws accept of plurality of voices to make 

 a verdict, our law enforceth them all to agree in one ; and 

 whereas other laws leave them to their own time and ease, 

 and to part, and to meet again ; our law doth duress and 

 imprison them in the hardest manner, without food, light, 

 or other comfort, until they be agreed. In consideration of 

 which strictness and coercion, it is consonant, that the law 

 do require in all matters brought to issue, that there be full 

 proof and evidence ; and therefore if the matter of itself be in 

 the nature of simple contracts, which are made by parole 

 without writing. 



In issue upon the mere right, which is a thing hard to 

 discern, it alloweth the wager of battail to spare jurors. 

 If time have wore the marks and badges of truth : from 

 time to time there have been statutes of limitation, where 

 you shall find this mischief of perjuries often recited; and 

 lastly, which is the matter in hand, all inheritances could 

 not pass but by acts overt and notorious, as by deed, livery, 

 and record. 



3. For purchasers, bond jide, it may appear that they 3. The use 

 were ever favoured in our law, as first by the great favour dangerous for 

 of warranties which were ever for the indemnity of pur- w! 

 chasers : as where we see that by the law in E. Ill. s time, 



the disseisee could not enter upon the feoffee in regard of 



