1GO MAXIMS OF THE LAW. 



to I. S. this shall be intended the next to the next, which 

 I may lawfully grant or dispose. Quare. 



But if I grant proximam advocationem to I. S. and I. N. 

 is incumbent, and I grant by precise words, illam advoca 

 tionem, quam post mortem, resignationem translationem vel 

 deprivationem I. N. immediate fore contigerit ; now this 

 grant is merely void, because I had granted that before, 

 and it cannot be taken against the words. 



REGULA V. 



Necessitas inducit privilegium quoad jura privata. 



THE law chargeth no man with default where the act is 

 compulsory and not voluntary, and where there is not a 

 consent and election ; and, therefore, if either there be an im 

 possibility for a man to do otherwise, or so great a perturba 

 tion of the judgment and reason as in presumption of law 

 4Ed.6.cond. man s nature cannot overcome, such necessity carrieth a 

 9. 6. privilege in itself. 



Necessity is of three sorts, necessity of conservation of 

 life, necessity of obedience, and necessity of the act of God, 

 or a stranger. 



Stamf. First, for conservation of life : if a man steal viands to 



satisfy his present hunger, this is no felony nor larceny. 



So if divers be in danger of drowning by the casting 

 away of some boat or bark, and one of them get to some 

 plank, or on the boat s side to keep himself above water, 

 and another to save his life thrust him from it, whereby he 

 is drowned ; this is neither se defendendo nor by misadven 

 ture, but justifiable. 



Con. 13. per So if divers felons be in a gaol, and the gaol by casualty 

 Brooke. is set on fire, whereby the prisoners get forth ; this is no 

 per^ebie! esca pe, nor breaking of prison. 



14 H. 7. 29. So upon the statute, that every merchant that setteth his 

 per Read, merchandise on land without satisfying the customer or 

 agreeing for it, which agreement is construed to be in cer 

 tainty, shall forfeit his merchandise, and it is so that, by 

 tempest, a great quantity of the merchandise is cast over- 

 4 Ed. 6. pi. board, whereby the merchant agrees with the customer by 

 r^MMM) estimation &amp;gt; wnicl1 falleth out short of the truth, yet the over 

 condition, quantity is not forfeited ; where note, that necessity dis- 



penseth with the direct letter of a statute law. 



Lit. P l. 4. 19. So if a man have right to land, and do not make his 

 14 H. 4. 3o! entr y f r terror of force, the law allows him a continual 

 B. 38 H. o. claim, which shall be as beneficial to him as an entry ; so 

 n - shall a man save his default, of appearance by crestiiie de 



