MAXIMS OF THE LAW. 147 



feoffment is within the statute of 32 H. VIII. nam dolus 

 circidtu non purgatur. 



In like manner this rule holdeth not in criminal acts, 

 except they have a full interruption ; because when the in 

 tention is matter of substance, and that which the law doth 

 principally behold, there the first motive will be princi 

 pally regarded, and not the last impulsion. As if I. S. Op.Cattelyn 

 of malice prepense discharge a pistol at I. D. and miss et aut i re s m 

 him, whereupon he throws down his pistol and flies, ca 

 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 it 

 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. 44 EJ. 3. 

 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 entire act with the last part, or the con 

 summation of the act. 



For if a disseisor enter into religion, the immediate Lit. cap. de 

 cause is from the party, though the descent be cast in Ascent. 

 law ; but the law doth but execute the act which the party 

 procureth, and therefore the descent shall not bind, et sic e 

 converse. 



If a lease for years be made rendering a rent, and the lessee 21 EH*. 

 make a feofTment of part, and the lessor enter, the imme 

 diate cause is from the law in respect of the forfeiture, 24 H. 8. fo. 4. 

 though the entry be the act of the party ; but that is but Dy&amp;gt; 21 K&amp;lt; 

 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. 



And, therefore, if a feme covert be disseised, and the 9 H. 7. 24. 

 baron dieth, and she taketh a new husband, and then the 3 et 4 p :^ 

 descent is cast : or if a man that is not infra quatuor maria, 

 be disseised, and return into England, and go over sea 

 again, and then a descent is cast, this descent bindeth, be 

 cause of the interim when the persons might have entered ; 

 and the law respecteth not the state of the person at the 



