MAXIMS OF THE LAW. 161 



eauy and avoid his debt by duresse, whereof you shall find 28 H - 6 - 8 - 

 proper cases elsewhere. 39 H - 6 - 50 - 



The second necessity is of obedience; and, therefore, where stan mf 26 - 2 

 baron and feme commit a felony, the feme can neither be Ed - &amp;lt;$\ 160t 

 principal nor accessory ; because the law intends her to Cor&amp;lt; Fitzn * 

 have no will, in regard of the subjection and obedience she 

 owes to her husband. 



So one reason amongst others why ambassadors are used 

 to be excused of practices against the state where they 

 reside, except it be in point of conspiracy, which is against 

 the law of nations and society is, because non constat whe 

 ther they have it in mandatis, and then they are excused by 

 necessity of obedience. 



So if a warrant or precept come from the king to fell B. 42 Ed. 3. 

 wood upon the ground whereof I am tenant for life or for 6 - 

 years, I am excused in waste. 



The thi rd necessity is of the act of God, or of a stranger ; 

 as if I be particular tenant for years of a house, and it be 

 overthrown by grand tempest, or thunder and lightning, or B. Wast. 31. 

 by sudden floods or by invasion of enemies, or if I have 42&amp;gt; ^- 3&amp;gt; 6&amp;gt; 

 belonging unto it some cottage which hath been infected, pe rFitzh.&quot; 

 whereby I can procure none to inhabit them, no workmen to Wast. 30. 

 repair them, and so they fall down ; in all these cases I am 32 Ed - 3 - 

 excused in waste : but of this last learning, when and how w l a st 10 5. 

 the act of God and strangers do excuse, there be other 44 Ed. 3. 21. 

 particular rules. 



But then it is to be noted, that necessity privilegeth only 

 quoad jura privata, for, in all cases, if the act that should 

 deliver a man out of the necessity be against the common 

 wealth, necessity excuseth not ; for privilegium non valet 

 contra rempublicam : and as another saith, necessitas publica 

 major est quam privata : for death is the last and farthest 

 point of particular necessity, and the law imposeth it upon 

 every subject, that he prefer the urgent service of his prince 

 and country before the safety of his life : as if in danger of 

 tempest those that are in a ship throw over other men s 

 goods, they are not answerable ; but if a man be com 

 manded to bring ordnance or munition to relieve any of the 

 king s towns that are distressed, then he cannot for any 

 danger of tempest justify the throwing of them overboard; 

 for there it holdeth which was spoken by the Roman, when 

 he alleged the same necessity of weather to hold him from 

 embarking, necesse est ut earn, non ut vivam. So in the 

 case put before of husband and wife, if they join in com 

 mitting treason, the necessity of obedience doth not excuse 



VOL. xin. M 



