THE

MAXIMS OF THE LAW.

6 H. 8. Dy. fo. 1. et 2.

Litt. cap.
Discont.

2 H. 4, 5.

REGULA I.

In jure non remota causa sed proxima spectatur. IT were infinite for the law to consider the causes of causes, and their impulsions one of another; therefore it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.

As if an annuity be granted pro consilio impenso et impendendo, and the grantee commit treason, whereby he is imprisoned, so that the grantor cannot have access unto him for his counsel; yet nevertheless the annuity is not determined by this non-feasance; yet it was the grantee's act and default to commit the treason, whereby the imprisonment grew: but the law looketh not so far, and excuseth him, because the not giving counsel was compulsory, and not voluntary, in regard of the imprisonment.

So if a parson make a lease, and be deprived, or resign, the successors shall avoid the lease; and yet the 26 H. 8. 2. cause of deprivation, and more strongly of a resignation, moved from the party himself: but the law re

gardeth not that, because the admission of the new incumbent is the act of the ordinary.

5 H. 7. 35. So if I be seised of an advowson in gross, and an usurpation be had against me, and at the next avoidance I usurp arere, I shall be remitted: and yet the presentation, which is the act remote, is mine own act; but the admission of my clerk, whereby the

inheritance is reduced to me, is the act of the ordinary.

So if I covenant with I. S. à stranger, in consideration of natural love to my son, to stand seised to the use of the said I. S. to the intent he shall enfeoff my son; by this no use will rise to I. S. because the law doth respect that there is no immediate consideration between me and I. S.

Dy. f. 1.

So if I be bound to enter into a statute before the 12 H. 4. mayor of the staple at such a day, for the security of 4 H. 8. a hundred pounds, and the obligee, before the day, accept of me a lease of a house in satisfaction; this is no plea in debt upon my obligation: and yet the end of this statute was but security for money; but because the entering into this statute itself, which is the mediate act whereto I am bound, is a corporal act which lieth not in satisfaction, therefore the law taketh no consideration that the remote intent was for money.

So if I make a *feoffment in fee, upon condition 37 R. that the feoffee shall enfeoff over, and the feoffee be Chest. disseised, and a descent cast, and then the feoffee bind himself in a statute, which statute is discharged before the recovery of the land: this is no breach of the condition, because the land was never liable to the statute, and the possibility that it should be liable upon recovery the law doth not respect.

So if I enfeoff two, upon condition to enfeoff, and one of them take a wife, the condition is not broken; and yet there is a remote possibility that the jointtenant may die, and then the feme is intitled to dower.

So if a man purchase land in fee-simple, and die without issue; in the first degree the law respecteth dignity of sex, and not proximity; and therefore the remote heir on the part of the father shall have it, before the near heir on the part of the mother: but in any degree paramount the first the law respecteth it not, and therefore the near heir by the grandmother on the part of the father shall have it, be

⚫ M. 40 et 41. El. Julius Winnington's case, ore report per le tres reverend Judge, le sur Coke, lib. 2.

37 R. Dacre's case, obi

ter.

Op. Catte tres, in case

lyn et au

de Stoel.

44 Ed. 3.

Lit. cap. de discent.

21 Eliz.

24 H. 8.

fo. 4. Dy.

21 R.

fore the remote heir of the grandfather on the
the father.

part of This rule faileth in covinous acts, which, though they be conveyed through many degrees and reaches, yet the law taketh heed to the corrupt beginning, and counteth all as one intire act.

As if a feoffment be made of lands held in knight's service to I. S. upon condition that he within a certain time shall infeoff I. D. which feoffment to I. D. shall be to the wife of the first feoffer for her jointure, etc. this feoffment is within the statute of 32 H. VIII. nam dolus circuitu non purgatur.

In like manner this rule holdeth not in criminal acts, except they have a full interruption; because when the intention is matter of substance, and that which the law doth principally behold, there the first motive must be principally regarded, and not the last impulsion. As if I. S. of malice prepense discharge a pistol at I. D. and miss him, whereupon he throws down his pistol and flies, and I. D. pursueth him to kill him, whereupon he turneth and killeth I. D. with a dagger; if the law should consider the last impulsive cause, it should say that this was in his own defence; but the law is otherwise, for it is but a pursuance and execution of the first murderous intent.

But if I. S. had fallen down, his dagger drawn, and I. D. had fallen by haste upon his dagger, there I. D. had been felo-de-se, and I. S. shall go quit.

Also you may not confound the act with the execution of the act; nor the intire act with the last part, or the consummation of the act.

For if a disseisor enter into religion, the immediate cause is from the party, though the descent be cast in law; but the law doth but execute the act which the party procureth, and therefore the descent shall not bind, et e converso.

If a lease for years be made, rendering rent, and the lessee make a feoffiment of part, and the lessor enter, the immediate cause is from the law in respect of the forfeiture, though the entry be the act of the party; but that is but the pursuance and putting in

execution of the title which the law giveth: and therefore the rent or condition shall be apportioned.

So in the binding of a right by a descent, you are to consider the whole time from the disseisin to the descent cast; and if at all times the person be not privileged, the descent binds.

M. Dr.

And therefore if a feme-covert be disseised, and 9 H. 7. 24. the baron dieth, and she taketh a new husband, and set 4P. et then the descent is cast: or if a man that is not infra 143. quatuor maria, be disseised, and return into England, and go over sea again, and then a descent is cast, this descent bindeth, because of the interim when the persons might have entered; and the law respecteth not the state of the person at the last time of the descent cast, but a continuance from the very disseisin to the descent.

et M. Dr.

So if baron and feme be, and they join in feoffment 4 et 5 P. of the wife's land rendering rent, and the baron die, 159. and the feme take a new husband before any rentday, and he accept the rent, the feoffment is affirmed for ever.

REGULA II.

Non potest adduci exceptio ejusdem rei, cujus petitur dissolutio.

IT were impertinent and contrary in itself, for the law to allow of a plea in bar of such matter as is to be defeated by the same suit; for it is included: and otherwise a man should never come to the end and effect of his suit, but be cut off in the way.

And therefore if tenant in tail of a manor, whereunto a villain is regardant, discontinue and die, and the right of entail descend unto the villain himself, who brings formedon, and the discontinuee pleadeth villenage; this is no plea, because the devester of the manor, which is the intent of the suit, doth include this plea, because it determineth the villenage.

So if tenant in ancient demesne be disseised by the 50 E. s. lord, whereby the seigniory is suspended, and the dis

7 H. 4. 39.

7 H. 6. 44.

38 Ed. 3.

32.

seisee bring his assize in the court of the lord, frank fee is no plea, because the suit is to undo the disseisin, and to receive the seigniory in ancient demesne.

So if a man be attainted and executed, and the heir bring error upon the attainder, and corruption of blood by the same attainder be pleaded, to interrupt his conveying in the said writ of error; this is no plea, for then he were without remedy ever to reverse the attainder.

So if tenant in tail discontinue for life rendering rent, and the issue brings formedon, and the warrant of his ancestor with assets is pleaded against him, and the assets is layed to be no other but his reversion with the rent; this is no plea, because the formedon which is brought to undo this continuance, doth inclusively undo this new reversion in fee, and the rent thereunto annexed.

But whether this rule may take place when the matter of the plea is not to be avoided in the same suit, but in another suit, is doubtful; and I rather take the law to be, that this rule doth extend to such cases; where otherwise the party were at a mischief, in respect the exceptions or bars might be pleaded cross, either altoof them, in the contrary suit; and so the party gether prevented and intercepted to come by his right.

So if a man be attainted by two several attainders, and there is error in them both, there is no reason but there should be a remedy open for the heir to reverse those attainders, being erroneous, as well if they be twenty as one.

And therefore, if in the writ of error brought by the heir of one of them, the other attainder should be a plea peremptorily; and so again, if in error brought of that other, the former should be a plea; these were to exclude him utterly of his right: and therefore it shall be a good replication to say, that he hath a writ of error depending of that also, and so the court shall proceed but no judgment shall be given till both pleas be discussed; and if either plea be found without error, there shall be no reversal either of the one or of the other; and if he discontinue either writ, then