148 MAXIMS OF THE LAW. 



last time of the descent cast, but a continuance from the 



very disseised to the descent. 



4 et 5 P. et So if baron and feme be, and they join in a feoffment of 

 M. Dv. 159. ne w if e &amp;gt; s land rendering a rent, and the baron die, and the 



feme take a new husband before any rent-day, and he 



accepteth 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 : 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 the 

 entail descend unto the villain himself, who brings forme- 

 don, and the discontinuee pleadeth villanage; this is no 

 plea, because the divesting of the manor, which is the intent 

 of the suit, doth include this plea, because it determineth 

 the villanage. 



60 K. 3. So if tenant in ancient demesne be disseised by the lord, 



whereby the seigniory is suspended, and the disseisee bring 

 his assize in the court of the lord, frank fee is no plea, 

 because the suit is brought to undo the disseisin, and so to 

 revive the seigniory in ancient demesne. 



7 H. 4. 39. So if a man be attainted and executed, and the heir 



7 H . 6. 44. b r i n g error U pon the attainder, and corruption of blood by 



the same attainder be pleaded, to interrupt his conveying 



in the same writ of error ; this is no plea, for then he were 



without remedy ever to reverse the attainder. 



38 Ed. 3. 32. So if tenant in tail discontinue for life rendering rent, 

 and the issue brings formedon, and the warranty 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 discontinuance, doth inclusively undo this new 

 reversion in fee, with the rent thereunto annexed. 



But whether this rule may take place where the matter 

 of the plea is not to be avoided in the same suit, but 

 another suit, is doubtful ; and I rather take the law to be, 

 that this rule doth extend to such cases; for otherwise 

 the party were at a mischief, in respect the exceptions 



