Y Cymmrodor. v. XIV. 1901.

4-0 English Lazv in Wales and the Marches.
By these decrees many hold their possessíons
of lands
& goods w/uch nowe shold be avoyded, yea, & the meane
profittes recouered in many places.
A multitude of fìnes to his Maiesfa'es vse haue bin
ymposed which nowe shold be restored.
Many haue endured corporall punishmentes w/uch
cannot be restored.
And infinite other inconveniences. Quod a consuetudine
recedit, licet vtilitate Juuet tamen novitate ipsa
perturbat.
The fourth question
Whither the Court in the Marches may in some
cases proceed to order or decree after & notwithstanding'
a judgmewt at the Commen Lawe.
ffirst in case where the cause hath bin decreed by the
Counsell in the Marches they may ratifìe theire owne
former decree notwithstandinge any Judginewt obteined
after at the Commen Lawe, for else their whole authoritye
were subuerted.
Secondlie Judgmentes that may be avoyded in pays are
not of that estimaeion in Lawe but the cause may be
examined in Cort of equitye.
Thirdly where the partie hath not notice of the matter
of equitie, at the time when the sute is adiudged at the
commen lawe, he ought not to be excluded of the benefitt
of equitye.
ffourthlie where the Lawe is doubtfull, it were hard
that the partie shold be restrained to pitche vppon equitie
first & not trie the lawe w/ach if it passe ageinst him then
to resort to Equitey.
ffiftlie where matter of equitie ariseth be puisne 1
temps
after Judgmewt there is no culler to restraine a sute in
equitye.
Sixtlie where the conscience of the partie appeereth
to be corrupt, the Cort may deale wi'th the person after
Judgmewt though it stirr not the possession.
Seaventhlie St. (iermin in the Doctor and Student 2
1
Later.
2 Doctor and Student, a dialogue on the English Law, written by
Christopher St. German, who died in 1540, remained for centuries the
text-book for law-students. The ì'eference in the text should be to
cap. 18, and the statute referred to is 4 Ilen. IV, caj). 23, mentioned
in the next answer, which prohibited appeals from the King's court
to the King himself, the Privy Council, or to parliament, and enacted
that cases should be tried in the regular course of law.